• تاریخ : پنجشنبه, ۲۱ تیر , ۱۴۰۳
  • برابر با : Thursday - 11 - July - 2024
  • ساعت :

    Rules and regulations of municipalities

    Rules of municipalities Chapter 1 – Establishing a municipality, Article 1 – A municipality is established in any place with a population of at least five thousand people. Note 1 – In any place where it is necessary to form a municipality in terms of its location and importance, even if its population does not […]

    Rules of municipalities

    Chapter 1 – Establishing a municipality,

    Article 1 – A municipality is established in any place with a population of at least five thousand people.

    Note 1 – In any place where it is necessary to form a municipality in terms of its location and importance, even if its population does not reach five thousand people, the Ministry of State can order the formation of an association and a municipality in that place, and if it becomes clear after the establishment of the municipality in the said places Collecting taxes does not cover the cost of the municipality, and taking into account the economic and financial situation of the place, it is not possible to generate new income for the administration of the municipality. According to the Ministry of Interior, the municipality is allowed to dissolve such points.

    Note 2 – In places where it is necessary to establish a municipality only in some seasons, a municipality can be established for that season, as well as for several places that are close to each other and collectively require the establishment of a municipality.

    Article 2 – The boundaries of each municipality are determined by the municipality with the approval of the city association and are applicable after the approval of the city council and the approval of the ministry.

    Article 3 – The municipality has a legal personality.


    Chapter Two – City Council Elections

    A – Division of the city into constituencies and the number of council members:

    Article 4 – Each municipal district will have an association called the City Council whose members are elected by the residents directly and by secret vote by a relative majority for a period of four years. .

    Article 5 – The area of ​​each municipality is divided into areas for the election of representatives of the association according to the approximate ratio of the population, and the residents of each area elect three representatives to form the city association.

    Article 6 – The division of the city into constituencies is carried out in a commission composed of the governor or prefect, the mayor, the head of the city police, the head of statistics and the head of document registration, which is formed at the invitation of the governor or prefect and is implemented in a timely manner after the map is prepared and approved by the commission. .

    Note 1 – If one of the departments mentioned above is not established in the place, or if one or more of the heads of the departments are not present, the presence of other heads of government departments will be sufficient to prepare an approximate map of the constituencies of the city at the discretion and invitation of the governor or district head.

    Note 2 – The population, which is the criterion for determining the number of representatives of each city, will be the basis of action for up to three periods, and after that, if there is an increase or decrease, that increase or decrease will be observed in the elections of the fourth period.

    Article 7 – The number of members of the Association of Cities is determined as follows:

    Tehran 30 people, 10 districts in each district, 3 people

    in cities with a population of 150,000 and above, 15 people, 5 districts in each district, 3 people,

    cities with a population of 100,000 to 150,000, 12 people, 4 districts in each district. Area of ​​۳ people.

    Cities from 50,000 to 100,000 with a population of 9 people, 3 districts, 3 people in each district.

    Cities with less than 50,000 people and a population of 7 people without constituencies.

    Cities with less than 10,000 people, population of 5 people without district.

    B – Conditions for choosing and being chosen

    Article 8 – The chooser must meet the following conditions:

    ۱ – Iranian citizenship

    ۲ – Having at least twenty full years of age.

    ۳- Residency in the place of election or at least living in that place since six months before the election, or if he is personally employed in a specific business or profession in that area, and if the place of residence and the place of business or profession are different, only the place Residence is valid.

    ۴- Not being convicted of a crime or misdemeanor that causes deprivation of social rights.

    ۵- Not being ineligible and not being convicted of bankruptcy due to fault.

    Article 9 – The candidate must have the following conditions:

    ۱- Iranian citizenship.

    ۲- Having thirty full solar years.

    ۳- The ability to read and write Farsi sufficiently.

    ۴- He must be a resident of the chosen place for at least three years.

    ۵- No deprivation of social rights.

    ۶- Not being disqualified and not being convicted of bankruptcy due to fault.

    Article 10 – The following persons are not eligible to be elected:

    ۱- The prime minister and ministers and their deputies and representatives of parliaments in the whole country and governors and governors and mayors and prefects and their deputies and heads of courts and prosecutors and investigators and heads of government departments in their field of mission.

    ۲- The police and gendarmerie officers and men, the army and their comrades from any category are deprived of choosing and being chosen as long as they are in the service.

    ۳- Members of the state and provincial associations and members of the election monitoring association of the city association during the period in which they hold this position.

    ۴- None of the employees and workers of government departments and enterprises, municipalities and government-affiliated enterprises, and those who in some way continuously receive salaries or financial assistance from the municipality, cannot be elected in their mission area, unless they wait before announcing the election. They have served or retired or resigned, in which case there is no obstacle to their selection.

    ۵- Presidents and members of the board of directors and CEOs of companies and those who are in charge of providing all or most of one of the public needs of the municipality such as food, vehicles, electricity, water, medicine and the like cannot become members of the local municipality association that The center of their activity is to be elected.

    Note – If one of the basic employees of the government or municipality is elected as a member of the association, the term of representation will be considered as part of his service history.

    Article 11 – Among the persons who are related to each other up to the third degree, only the person who has the most votes can be a member of an association, and in case of a tie, one of them will be determined by lot, and if the relationship ends If the election and issuance of credentials is determined, one person will be retained at the first meeting of the association by drawing lots, and the person or persons who have the most votes after them will be invited to replace the person or persons who left, provided that he or she has at least half of the votes of the last elected member. Association, otherwise it will be re-elected.

    Article 12 – Any member of the municipal association who does not meet one of the conditions for being elected (mentioned in Article 9 of this law) or accepts one of the jobs that disqualifies him from being a member of the municipal association, will be dismissed from that moment, and the governor or governor is obliged to As soon as he is informed, he should inform the isolated member and the city association.

    Article 13 – One person cannot be a member of more than one city association.

    Note – In cities that are divided into constituencies, whenever a person is elected in more than one constituency, he can only represent one of the constituencies, and from other constituencies, those who have the majority after him will represent those constituencies, provided that that the next person has at least half of the votes of the last elected representative of the constituency, otherwise the elections will be renewed in that constituency.

    C- In determining the candidates and forming the monitoring association,

    Article 14- To determine the candidate, ten days before the invitation of the members of the election association, an announcement will be published by the governor or district governor with the following content in the constituency:

    “Volunteers for the membership of the city association must personally or through other persons notify the governor or district administration in writing of their candidacy for one of the districts, and in order to be recognized as a candidate for representing the district, there must be fifty people in cities with a population of more than one hundred and fifty thousand and Twenty-five people in cities with more than 100,000 people, fifteen people in places with more than 50,000 people, and ten people in places with less than 50,000 people.

    The introduction must be in writing and the nominators must be eligible to vote and sign the introduction by mentioning the birth certificate number and the place of issue, and the governor or the district head will examine the status of the candidates for representation through the five-person commission stipulated in Article 15, and then their names in the constituency. declares and voters can only vote for them at the time of voting.

    Comment – If one or more of the candidates for representation resign before the formation of the monitoring association, the situation will be announced by the governor and the governor for the information of the voters. The resigned candidate does not have the right to return his resignation.

    Article 51- After the publication of the announcement of the candidates for representation, the governor or district governor immediately formed a commission composed of himself, the head of the city court or department, the head of finance, the head of culture, and one educated person from the city’s residents who does not have a job in government departments or government-affiliated enterprises. And for each constituency, 21 people from the following seven categories:

    ۱- Scholars and clerics.

    ۲- Faculty professors – doctors – engineers – lawyers and the like.

    ۳- Owners.

    ۴- Merchants

    ۵- Farmers.

    ۶- Craftsmen.

    ۷- Workers.

    appoints and invites three people from each class and three people from the trustees of the district who are eligible to be elected, to appoint seven people from among the district or outside as main members and seven people from among themselves or outside as alternate members of the parliament to form The election monitoring association will elect by a relative majority and by secret ballot, the presence of two thirds of the invited people will be sufficient in the said election.

    Note 1 – If one or more of the seven classes do not exist, the deficit of each class will be filled from the other classes, and if there is no judicial officer in a place, one of the judicial officers will be sent there by the city’s justice, and the said representative will be appointed until the termination. The work of the election will remain in place and the five-member commission will appoint a representative of the trusted party for each constituency to monitor the smooth running of the election, who will be present at the meetings of the monitoring association.

    Comment 2 – In the place where there is a provincial association, two of the members of the association will be part of the monitoring association at the choice of that association, and according to this, the invitees will choose only five people and seven people will be chosen for alternate membership.

    Note 3 – In the cities that are divided into districts according to Article 5, if it is impossible to invite 24 people from the seven classes and trustees of the district for the purpose of selecting a monitoring association, the commission can be satisfied with forming a monitoring association according to Article 15 for one district and for other districts. Invite seven trustees of the area who are eligible to be elected to form the monitoring association of that area.

    Note 4 – In places where there is no justice or property or culture, instead of the head of the court or the head of property or the head of culture, local trustees and educators are invited to form a five-member commission to perform the prescribed duties.

    Note 5 – The presence of all five members in the commission mentioned in this article is necessary and taking decisions without the presence of one of the members will not be legal, but if the commission is not formed in two consecutive meetings with the presence of five members, the majority vote will be decisive in the next meeting.

    Article 16 – Those who volunteer for representation should not be invited as part of the seven classes and local trustees and the monitoring association and its branches, but each volunteer can nominate a representative to the monitoring association and branches to supervise the collection and reading of votes.

    Article 17 – Those who are elected to be a member of the monitoring association immediately hold a meeting under the chairmanship of the oldest members, a chairman, a vice-chairman and at least three secretaries are elected from among themselves by secret ballot and by majority. And writing the minutes is the responsibility of the secretaries.

    Article 18 – The election of the president and vice-president is individual and will be by absolute majority, and if the absolute majority is not obtained the second time, the election will be made by a relative majority. The election of three secretaries is collective and by a relative majority.

    Article 19 – In order to facilitate and speed up the elections, the constituency monitoring associations are obliged to form the required number of separate sub-branches consisting of five people from the same locality who are eligible to be elected and conduct the selection of the sub-constituencies.

    Article 20 – It is forbidden to enter the election area with any type of hot or cold weapon except for police officers, and those who behave against the rules and regulations will be removed from the association by the police officers at the order of the president and will be submitted to the legal authorities if necessary.

    Article 21 – The monitoring association and its branches cannot be dissolved unless they provide reasons for closing and postponing the elections or act contrary to the duties assigned to the association according to this law. In this case, if the disturbance is caused by the branch, The opinion of the majority of the association is dissolved with the approval of the governor or district head of the said branch, and if it is on behalf of the association, the governor or district head, with the approval of the five-member commission, while preparing the minutes of the assembly, which indicates the reasons for the dissolution and the quality of disruption in the association, invites the alternate members to continue with the election, and if If there is no result from that action, new members will be appointed to form the monitoring association in accordance with the procedure stipulated in Article 15. However, these procedures should not exceed three months.

    Article 22 – Whenever during the election process one or more members of the association delay coming to the meetings or refuse to attend, as long as the majority remains, the proceedings will be prosecuted and the said member or members will be warned to attend if a member attends two meetings. After the warning, if the association continues to protest and procrastinate, upon the notification of the governor or district governor, it will invite one or more alternate members to become members of the association by lottery, and if the majority of the members of the supervisory association object to attending the association, or after the election is over, If the governor or the district head refuses the accreditation, the governor or the district head will investigate the reasons and take care to remove the ban, and if the efforts of the governor or the district head are not effective and the majority of the members of the association or all the members of the association, both original and alternate, continue to protest or resign, or due to the lack of If the majority of the association leads to dissolution, the commission stipulated in Article 15 will act on the renewal of the members of the monitoring association, and the persons who caused the closure, postponement and dissolution of the association will be prosecuted according to Article 87 of this law.

    D – The quality of voting and recognition of elected officials

    Article 23 – As soon as the monitoring associations were elected and formed, and if necessary, they determined their branches, each of the associations prepared an announcement and, depending on the importance of the location, from three to five days before the start of voting. They will publish it in all the areas related to them. The said notice will contain the following information:

    ۱- The meeting place of the association and its branches and the hours of voting, which must be done in all areas on a Friday and not less than six hours and not more than eight hours. Voting will take place from 8:00 am to 12:00 pm and from 2:00 pm until the end of the term.

    ۲- Selector conditions.

    ۳- The number of representatives to be elected in that field.

    ۴- The names of the candidates of that field whose situation has already been examined by the 5-member commission and whose names have been announced.

    Article 24 – Voting must be secret, and as soon as the voter enters the association room or branch and it is recognized that he is eligible to vote, he must cast his vote in the box in the presence of the association. The voter’s birth certificate will be stamped and returned to him after registration in the office of Mehr Association.

    Article 25 – At the end of the last hour set for taking votes, the entrance of the association or branch will be closed, and if some of those who have the right to vote are present inside the place, they will cast their votes in the aforementioned order and the association or branch will vote. Taking will end and after that no vote will be accepted from anyone.

    Article 26 – If someone complains about the electors and the elected during the election, this will not prevent the election, but the explanation must be written in the minutes of the parliament.

    Article 27 – The association is obliged to count and read the votes immediately after the end of the voting, and as long as the result of the vote extraction is not known, it has no right to adjourn. The receipt of the result must be announced immediately by the governor or the governor.

    Article 28 – One of the members should read the voting papers aloud one by one and give them to another member who will mark the reading and the other three members should record the names in the order they are read in the book allocated for this purpose. They say that the ballot paper, whether it is white or has illegible names, or the elected person is not correctly introduced, or the name of someone who has not been introduced is written on it, or it has the name of the voter, it is invalid and it is attached to the parliament’s report. If there are additional names written in the ballots in addition to the ones to be elected, the additional numbers will not be read from the end of the ballot.

    Article 29 – In the constituencies that are formed according to Article 19 to speed up the voting of the association’s branches in those constituencies, the minutes of the vote extraction of each branch are written on a special sheet with the names and number of votes of each person who has a vote, and the members of the branch sign it. And together with the required documents, they are sent to the monitoring association in an envelope that has been sealed and sealed by the branch. The names included in the minutes of the branch assembly are added together with the votes that the monitoring association has extracted on a separate sheet, and the person who has the majority of the total votes is determined. Until the expiration of the protest period and the termination of proceedings, it remains in the fund of the association, which is varnished and reaches the seal of the members, and after the expiration of the protest period, in the presence of some voters, the aforementioned documents are destroyed (except for what is mentioned in the previous articles and must be attached to the minutes of the assembly). The Monitoring Association does not have the right to destroy and burn votes before the expiration of the protest period and the end of the proceedings in the Removal City Association.

    Article 30 – In addition to publishing the list of elected officials, the monitoring association will determine the date of accepting complaints, which should start from the next day, and if any of the electors or elected officials complains about the election process, they will inform the monitoring association within one week, and the monitoring association will notify the monitoring association after another week has passed. It does not accept complaints, but it will deal with the complaints received within a week in the presence of a five-person commission. And he announces it to the Ministry of Interior through the governor or district governor, and that ministry immediately arranges for the renewal of the election of the elected or those who have been rejected.

    If the complaints of the complainants about the elections have not been resolved by the investigation of the monitoring association, the complainants can submit their complaint to the said association within a week after the formation of the association, and the city association will deal with the case without the presence of the representative whose election is being complained about. and will take the necessary decision.

    Article 31 – Those who are elected as members of the city association must have credentials signed by the members of the monitoring association and five members of the commission and give it to the office of the municipality or, if there is no municipality, to the office of the governor or district and take a copy of it. Also, the members of the monitoring association should not delay in issuing the accreditation without a valid excuse, otherwise they will be treated according to Article 22.

    Article 32 – The Secretary of the Election Assembly Monitoring Association shall submit three copies of the report to the governor or district governor and the members of the monitoring association. One copy will be recorded in the governor’s office and one copy will be sent to the Ministry of Interior by the governor or district governor. The names are recorded in the provincial association and in the absence of the provincial association in the city association.


    Chapter 3 – In the formation of the city association

    A – Election of the chairman of the board,

    Article 33 – As soon as the elections are over and the credentials of two-thirds of the representatives have been issued and given to them (in the places that are divided into regions according to Article 6), the governor or the governor is obliged to Within a week, provide the tools for the formation of the association. The meetings of the association until the completion of the accreditation of two-thirds of the representatives under the temporary chairmanship of the oldest members and under the secretaryship of two of the youngest members. The election will be considered and the necessary decision will be made. After the completion of the complaints, the permanent board of directors will be elected in such a way that a chairman, a vice chairman and two secretaries will be elected by secret vote and by an absolute majority, and if an absolute majority is not achieved, then by a relative majority for the second time. They are elected for one year.

    Whenever there is a tie in the election of the president or others, it will be decided by lot from among the elected.

    After being recognized, the association is obliged to finish the process of the rest of the credentials of the representatives immediately and before starting any work.

    Note – Re-election of the same persons after the expiration of one year is not prohibited.

    Article 34 – The order of the meetings is with the chairman and in his absence with the vice chairman, and those who disrupt order will be expelled by the order of the chairman, and in case of a crime, the perpetrator will be submitted to the legal authorities with the report of the parliament.

    Article 35 – After appointing the board of directors, in an official and public meeting, the president and the members of the association will swear to perform their duties according to the law with complete honesty and integrity. Also, whenever a new member joins the association, that member will take an oath at the first meeting of the association.

    The text of the oath: The signatories below call upon God to testify and we swear by the Holy Qur’an that we will be diligent in fulfilling our duties as long as we are a member of the city association, and we will endeavor to improve the affairs of the city and the municipality with the utmost diligence and due diligence.

    B- The formality of meetings of the city association and the manner of its formation.

    Article 36- For the formality of the meetings, the presence of at least two-thirds of all members is required, and their decisions are valid by the majority of more than half of those present. Whenever the required number of people are not present in the meeting to discuss and vote on an issue, in the next meeting to discuss the same issue, the presence of half plus one of all members will be sufficient, but in important issues such as approving the budget and changing the city map, building streets, water piping, and building The presence of at least two-thirds is necessary for sub-watersheds and levying tolls and similar matters, two-thirds and one-half plus one of the members who must be elected according to Article 7 of this law.

    Note – If one or more members leave the meeting after attending the association and its formalization in order to prevent them from performing the prescribed tasks and duties that have been determined for associations according to this law, they will be considered absent in that meeting. will be considered

    Article 37 – Membership of the association is honorary and unpaid, and if a member absents himself from two consecutive meetings or three alternate meetings in three months without a valid excuse, he is considered to have resigned, and he is the first person who has at least half of the votes of the electorate of the district and is also eligible. An invitation will be made and in case of a tie, the said member will be selected by lot, and in the case of death or resignation, the replacement will be selected in the above way, and if there is no other person eligible after the deceased or resigned member, a new election will be made from the same area. Takes.

    Note – If one of the representatives resigns from the membership of the city association, the resignation letter is read in the second meeting of the association and is considered final.

    Article 38 – The city association is convened twice a month in a special place in the municipality building, unless it is necessary to hold a meeting more than twice a month, the extraordinary meeting is postponed at the opinion of the president of the association or the written request of three of the members of the association or the written request of the mayor or the governor. or will be the head of the association – the meetings of the association will not be official and its decisions will not be valid.

    Article 39 – Public meetings of the association and the presence of the audience will be allowed, but at the request of the mayor or governor or district governor and the consent of one-third of the members present, a secret meeting may be held. The present members may vote by secret vote, except for financial matters, but in elections, secret votes must be taken.

    Article 40 – The minutes of the discussions and decisions of each meeting of the association will be recorded by the secretary of the association and after approval in a special book whose pages have sequential numbers and will be signed by all members and any member present in the association who did not sign the aforementioned book. He will be considered absent in that meeting and will be treated according to Article 37 – the list of those present and absent from each meeting will be recorded in the book.

    Article 41 – The association cannot be dissolved unless the governor or the governor general determines that the existence of the association is detrimental to the public interest. In this case, the issue will be brought up in the city or district council whenever the opinion of the council is for dissolution and the governor approves the situation by stating the reasons. It is proposed to the Ministry of Interior, and after the approval of the Ministry of Interior, the proposal for approval of dissolution is submitted to the Board of Ministers, and the opinion of the Board of Ministers on this matter will be decisive.

    Article 42 – As long as the association has not been formed or the number of members of the association has not reached the legal quorum, the Ministry of Interior will be the successor of the city association.

    Article 43 – In places where there is no legal association or its formation has been stopped due to some reasons, the Ministry of Interior is obliged to provide the means for the start of elections without delay and announce the start date.

    Article 44 – The governors and prefects are obliged to provide the means for the elections of the next period two months before the end of the four-year term of the city association in such a way that the elections of the next term are terminated before the end of the term of the association.


    Chapter 4 – Duties of the Association

    Article 45 – The duties of the association are as follows:

    ۱- Monitoring the good administration and preservation of capital and cash and sexual assets and movable and immovable property belonging to the city, as well as monitoring their income and expense accounts.

    If the association deems it necessary to carry out a detailed inspection of the municipality’s expenses or an important action, it will temporarily hire an expert or expert accountants to deal with that work and will pay them a proportional fee.

    ۲- Approving the annual budget and amending the budget and supplementing the budget and deducting the budget of the municipality and affiliated companies and approving the construction plan proposed by the municipality.

    ۳- Approving transactions and supervising them, including buying and selling, boycotting, renting and leasing in the name of the city, taking into account the efficiency and the right and observing the principles of bidding and auctioning according to the law of public accounting.

    ۴- Taking care in filing all lawsuits related to the municipality and monitoring the smooth running of affairs.

    ۵- Resolving trade union disputes in case of referral from the municipality or trade unions in cases where the issue is not legal.

    ۶- Taking care in the implementation of the municipality’s duties in the health affairs of the city area and supervision in the affairs of hospitals and orphanages and other institutions managed by the municipality.

    ۷- commenting on the cooperation of the municipality with the relevant departments and companies to hold agricultural, artistic and commercial exhibitions, etc.

    ۸- Approving bills to establish or abolish city fees as well as change their type and amount.

    Note – The imposition of tolls in any city should not have a negative impact on the general economy of the country and the prevalence of exports or the development of domestic industries.

    ۹- Approving the proposed regulations of the municipality after considering them.

    ۱۰- Caring for the establishment of public laundries and water bodies, cemeteries and mortuary and preparing the means of transportation of the dead according to the principles of health.

    ۱۱- Supervising the affairs of theaters and cinemas and the like, as well as developing special regulations for the good order, cleanliness and hygiene of such institutions, according to the municipality’s proposal, and taking precautionary measures to prevent fire hazards and the like.

    ۱۲- Establishing regulations and supervision in digging conduits for city sewage or water or electricity pipes and approving contracts related to them.

    ۱۳- Checking and agreeing to provide bus equipment and electricity and other public needs through the establishment of companies and institutions in compliance with the laws of the country.

    ۱۴- Examining and agreeing with the municipality’s proposals regarding the abundance and cheapness of food and taking action in providing and distributing food when necessary, especially during famines and predicting and preventing food shortages and preparing public squares for buying and selling food, as well as monitoring the accuracy of weights. and values ​​and scales and obliging guilds to stick the price sheet on the goods.

    ۱۵- Approving vehicle rental rates in the city

    ۱۶- Approving regulations for regulating city water and renting and renting water that is necessary for city consumption and preventing encroachment on city canals.

    ۱۷- Agreeing to the creation and development of roads, streets, squares and public gardens according to the provisions of the Law on Development of Roads.

    ۱۸- Approving the necessary regulations for the non-enclosed areas of the city in terms of public health and comfort, construction and beauty of the city.

    ۱۹- Approving the loans proposed by the municipality after careful examination of the amount, term, interest rate, and the order of amortization and use of the loan.

    Article 46 – The city association or any of its members do not have the right to interfere in the installation and dismissal of municipal members or to give direct orders to municipal employees.

    Article 47 – The mayor is obliged to immediately notify the approvals of the association on important issues and those that have a general aspect to the Ministry of Interior in Tehran, to the governor in the provincial centers, to the governor in the city centers, and to the governor in the districts, as well as the approvals of the association. which has a general aspect, advertises by possible means for public information.

    Article 48 – If the governor or the governor or the district head has objections to the approvals of the association that have a political or general economic aspect, he can express his opinion to the association and request a reconsideration within one week from the date of notification, and if the association remains in its decision. However, the objector can go to the state or provincial association or, if there are no such associations, to the Ministry of Interior and ask the state or provincial association or the ministry to resolve the dispute, but it will announce its opinion within fifteen days, and this opinion will be final and enforceable. The objected case will be stopped until the final decision is issued.

    Article 49 – If the decision of the association contradicts the relevant laws or is beyond the scope of the duties of the association, or if some of the members of the association are interested in that decision personally or on behalf of them and participated in the vote, or if the association If it is held late or in a non-official place, in Tehran, the Ministry of Interior, outside the center, the governor or district head will notify the association with the reasons to reconsider the decision, if the objection was not resolved as a result of the investigation, according to Article 48 of this law. It will be done.

    Note – The implementation of the municipal regulations that have been approved by the association, if there is no objection according to articles 48 and 49, can be implemented after one week from the date of publication of the advertisement or announcement by other possible means.


    Chapter Five – In the election of the mayor and deputy mayor

    A – The mayor,

    Article 50 – The city association is obliged to appoint one person from among its members or from outside the association by secret vote and absolute majority, after being officially recognized and before starting any work. If the absolute majority is not achieved the first time, the second time with a relative majority for the mayorship for two years and nominated by the governor to the Ministry of Interior, the mayor will start working immediately after being nominated to the Ministry of Interior.

    Note 1 – If one of the members of the association is elected as the mayor and he accepts, he will be considered resigned from the membership of the city association and his successor will be appointed or elected according to the provisions of this law.

    Note 2 – A person who is elected to the post of mayor outside the association must meet the requirements stipulated in Article 9 of this law, and if he has not lived in the area for three years, the association’s recognition is sufficient.

    Article 51 – Whenever one of the employees of the government offices is selected by the association to hold the post of mayor and he is satisfied, the office of the employee is obliged to agree to his transfer.

    Article 52 – The order for the appointment of the mayor is issued by the Ministry of Interior after the introduction of the governor. For the mayor of Tehran and the municipalities of the provincial centers and cities with more than 150 thousand people, a Homayouni order will be issued at the suggestion of the Ministry of Interior.

    Note – In official and ceremonial occasions, the mayor and in his absence the deputy mayor will represent the city.

    Article 53 – If one or more members of the city association object or have objections to the operation of the mayor, they must inform the head of the association in writing in the form of an impeachment. He attended the ordinary or extraordinary meeting of the association to answer the impeachment. The interval between the impeachment proposal and the convening of the ordinary or extraordinary meeting that will be determined by the president of the association should not exceed ten days. The association will vote for or against after the impeachment proposal and the mayor’s answer. If the association votes against the majority of the people present in the meeting, the mayor will be immediately removed from his job from the same date, and the association will immediately proceed to elect the mayor according to the provisions of this law, in the interval between the issuance of the vote of no confidence and the dismissal of the mayor until the election of a new mayor. The deputy of the municipality and in the absence of the deputy of the employee of Moghadam will be in charge and responsible for the administration of municipal affairs under the supervision of the association.

    B – Municipal Deputy

    Article 54 – For municipalities whose budgets require it, a deputy from among government employees or municipalities who is knowledgeable in administrative affairs is appointed upon the proposal of the mayor and approved by the association. He will have the deputy mayor.

    Note – The deputy order of the municipalities where the Homayouni order is issued to the mayor is signed by the interior minister, and in the places where the mayor is assigned to the ministry of the country, the deputy order is issued by the local governor.


    Chapter 6 – Municipal duties,

    Article 55 – The duties of the municipality are as follows:

    ۱- Creating streets, alleys, squares, public gardens, waterways, and development of roads within the limits of the relevant laws.

    ۲- Cleaning, maintenance and leveling of roads and public canals and water and sewerage channels and purification of canals related to the city and providing water and lighting to the possible means.

    Note 1 – It is forbidden to block the public road for business or residence or any other purpose and the municipalities are obliged to prevent it.

    Note 2 – The regulation and establishment of regulations related to the production, distribution and sale of all electric power and the determination of its rates in cities are with the municipality.

    ۳- Full care and diligence in installing price tags on goods and implementing the decisions of the association regarding the cheapness and abundance of groceries and general necessities and preventing the sale of rotten goods and destroying them.

    ۴- Taking care of the health affairs of the city’s residents and collaborating with the institutions of the Ministry of Health in smallpox eradication and vaccination, etc., to prevent Sarria diseases.

    ۵- Preventing begging and forcing beggars to work and developing public education, etc.

    ۶- Implementation of Note 1, Article 8 of the Compulsory Education Law and the establishment of health, cooperative and cultural institutions such as orphanages, orphanages, clinics, hospitals, nurseries, hospitals, libraries, kindergartens, kindergartens, kindergartens, and the like, within the limits of the approved funds, as well as assistance Such institutions and financial assistance to the physical education association in the amount of three percent of the continuous annual income of the municipality and assistance to home and school associations. In such cases, with the approval of the city association, the municipality can give its land and buildings to the said institutions for the purpose of construction and use, while maintaining the right of free ownership and under certain conditions.

    ۷- Maintaining and managing movable and immovable property belonging to the city and filing lawsuits against individuals and defending individuals’ claims against the municipality.

    ۸- Estimate and adjust the budget and supplement the budget and amend the budget and deduct the municipal budget and adjust the construction plan proposal and implement it after the approval of the city council, a copy of the approved budget and construction plan is sent to the Ministry of Interior by the governor or district governor.

    ۹- Carrying out municipal transactions, including buying and selling of movable and immovable property, partitioning, renting and leasing, after the approval of the city association, in accordance with the principles of auction and bidding according to the law of public accounting.

    ۱۰- Giving and accepting donations and gifts in the name of the city with the approval of the association.

    Donations paid to the municipality or charitable institutions are accepted by the Ministry of Finance as part of the acceptable cost of the donors, and the donor is exempt from income tax for the amount of the donation.

    ۱۱- Monitoring and taking care of the accuracy of weights and scales.

    ۱۲- Preparation of statistics related to city affairs and births and deaths.

    ۱۳- Establishing a laundromat and cemetery and providing means for transporting the dead and taking care of their affairs.

    ۱۴- Adopting effective measures and taking necessary action to protect the city from the risk of flood and fire, as well as removing the danger from broken and dangerous buildings and walls, covering wells and pits located on public roads, and preventing any kind of objects from being placed on the balconies and front rooms of nearby buildings. Public roads that cause danger to passers-by and preventing the installation of gutters that cause trouble or damage to people.

    ۱۵- Preventing the spread of human and animal sarcoid diseases and reporting such diseases to the Ministry of Health and Veterinary Medicine and neighboring municipalities when they occur, and keeping away patients suffering from sarcoid diseases and treating and disposing of animals that are suffering from sarcoid diseases or in the city of Balasaheb. And they are harmful.

    ۱۶- Preparation of guild regulations and its proposal to the city association and care in the health affairs of guilds and tradesmen.

    ۱۷- Proposal to modify the city map if necessary and determine the fair price of the lands and buildings belonging to the persons that are needed by the city according to the law on the development of roads and providing the place of payment and the creation and development of roads, streets, squares and public gardens and the provision of the required lands For piping and sewage, whether from inside or outside the city, as well as providing the necessary land for building the reservoir and installing the purification and dewatering device and their accessories according to the road development law.

    ۱۸- Preparing and determining public squares for buying and selling food and stopping vehicles, etc.

    ۱۹- Preparation and compilation of regulations for the abundance, quality and goodness of the city’s meat and bread sales office and its implementation after the approval of the city association.

    ۲۰- Preventing the opening and keeping of shops and centers that manufacture combustible materials inside the city, as well as preventing the opening of cooking ovens, tanneries, etc. Opening and maintaining factories that disturb the city residents in or near the city.

    ۲۱- Construction of buildings and buildings required by the place such as laundry room, toilet, public bath, slaughterhouse, squares, children’s garden, and gymnasium in accordance with sanitary and technical principles and taking necessary measures for the construction of low-cost houses for the poor people living in the city.

    ۲۲-Participating efforts with culture in preserving the buildings and ancient works of the city, public buildings, mosques, etc.

    ۲۳- Diligence in observing the health conditions in the factories and taking care of the cleanliness of the hot tubs and taking care of unaccompanied and stray children.

    ۲۴- Issuance of permits for all buildings in the city.

    ۲۵- The construction of streets and the asphalting of sidewalks and public alleys and streets and side tables made of stone and asphalt and the like are the responsibility of the municipality of each place, but the asphalting of sidewalks in the streets or passages that have sidewalks is the responsibility of the owners of houses and real estates and lands. If the owners adjacent to the sidewalks refuse to asphalt their own share, the municipality can directly take action and demand and receive the cost plus ten percent from the owners who refuse.

    Commentary – In every street where the municipality starts the work of pavement construction, the construction of sidewalks on that street is mandatory for the neighboring owners and their legal representatives according to the order of the municipality.

    ۲۶- Proposing to establish or abolish city taxes as well as change the type and amount of taxes, both for imported and exported goods of the country and domestic products, etc.

    Note 1 – In order to encourage the country’s exports, no more than one percent of the price of the goods should be levied.

    Note 2 – Goods passing through cities that are transported for a specific destination are exempted from paying any tolls of the municipalities along the way.

    Note 3 – Article 1 of the law approved on February 33 regarding export and production encouragement is corrected from the date of approval of this law according to note 1 of this paragraph.

    Note 4 – By-laws on avoiding payment of municipal fees and objections thereof are prepared with the approval of the Ministers of the Interior and Justice and are put into effect on time after the approval of the Cabinet of Ministers.

    Article 56 – A municipality outside the approved limits of the city does not have the right to undertake the provision and distribution of water and electricity and other municipal facilities.

    Article 57 – The implementation of municipal regulations that are general in nature and approved by the association is mandatory for all residents of the city after being announced, and if a decision is made within the limits of the rules and duties of the city association regarding a certain person or persons or institutions after notification in If they do not submit to the decision taken, they can complain first to the city association and secondly to the provincial association, and if there is no provincial association, to the Ministry of Interior, and the opinion of the provincial association or the Ministry of Interior will be communicated, and if an action has been taken by the municipality before the above procedures have been completed. And after investigation, it is found that it is not necessary and involves damage, the municipality must compensate for the damage caused by that action. If the decision of the Ministry of Interior is made to the detriment of the protester or protesters, the affected party can refer to the public courts.


    Chapter Seven – Employment and financial regulations of the country’s municipalities

    A- Employment regulations
    Article 58 – The employment regulations of all the employees of the municipalities and related institutions will be according to the regulations that the Ministry of Interior compiles and submits to the Cabinet of Ministers for approval based on Note 38 of the Amended Budget Law of 1343.
    Note – According to Article 113, the amendment has been canceled.
    Articles 59-60-61 have been canceled according to the amended Article 113.
    Article 62 – In order to guide and create harmony in the affairs of municipalities and train municipal employees, as well as supervise the proper implementation of the duties assigned to the Ministry of Interior according to this law, a proportional organization is foreseen and established in the Ministry of Interior.
    This organization is obliged to complete its organization in every respect and always have engineers and experts educated in various fields required by municipalities who have scientific and specialized degrees at their disposal in order to inspect municipalities and prepare important plans for urban and construction reforms of cities and improve The management of the municipal organization should be used.
    Note 1 – In order to meet the technical and administrative needs of the country’s municipalities, the organization mentioned in this article is obliged to establish municipal technical offices consisting of engineers and experts in the center of each province.
    Note 2 – By concluding special contracts, the Ministry of Interior can use the services of experts and consulting engineering institutes, both domestic and foreign, and appropriate fees equivalent to what is paid to such individuals or institutions for similar works in the government’s construction plans. to pay
    Articles 63 and 64 have been canceled according to the amended Article 113.
    B- Financial regulations
    Article 65 – Every municipality has a budget that can be implemented after approval by the city association.
    Article 66 – The financial year of the municipality is a solar year that starts from the first of April and ends at the end of March.
    Article 67 – The municipality is obliged to propose its annual budget to the association by the last day of January, and the association must consider and approve it before March of each year, and the municipality is also obliged to deduct the budget of each year by the end of May of the following year. It should be submitted to the association and approved by the end of June.
    Note – The municipality is obliged to send a copy of the budget and the budget deduction no later than 15 days after the approval by the governor of the country.
    Article 68 – The budget and allocation of municipal credits, except for the following cases, which will be paid from the municipality’s continuous revenues.
    ۱-۱۰% health care contribution.
    ۲-۳% share of education.
    ۳-۴% will be used to combat illiteracy through the National Committee for Combating Illiteracy.
    ۳-۴% for physical training and scouting.
    ۵-۱٫۵% share of the public library subject to the law establishing public libraries in all cities approved in January 1344.
    In order to cover the organizational and administrative costs of the municipality and civil defense affairs, charity affairs and other tasks that are assigned to the municipalities according to the law, it will be based on the divisions that have been proposed by the municipality and approved by the city association according to the needs and requirements of the place, and in any case, the amount Construction credits should not be less than 40% of the annual budget.
    Note 1 – The use of credits that are approved by the city association must be exclusively within the scope of the same municipality and under the supervision of the city association.
    Note 2- In cities where charitable institutions have medical facilities, the health association, and in the absence of such, the city association with the agreement of the health authority, can provide a proportionate amount of 10% of the share of the health care mentioned in paragraph 1 of this article from the medical expenses.
    Note 3 – From the date of approval of this law, the associations of cities whose municipal income is above one million rials are required to levy special fees for the construction of primary schools, and according to the law on monitoring the use of culture quota from municipal income, approved in June 1334 by the Culture Share Monitoring Commission to consume
    Articles 69-70 and its following notes have been canceled according to the amended Article 113.
    Article 71- Every six months, the municipality is obliged to publish a comprehensive statement of the municipality’s income and expenses, which has been approved by the city council, for public information, and send three copies of it to the Ministry of Interior, and the mayor is also obliged to once every six months. Publish the statistics of all operations such as street construction and construction of buildings and other social and health matters and the like for public information and send a copy of it to the Ministry of Interior.
    Article 72 – According to Article 113, the amendment has been canceled.
    Article 73 – All taxes and revenue of each municipality will be used exclusively by that city, and in the points that according to note 2 of article 1 of this law, a municipality is formed.
    The cost should be divided according to the income of each location.
    Article 74 – The municipality, with the approval of the city association, compiles and regulates the executive regulations for the collection of municipal and water charges and the like.
    Note – The notary offices are obliged to ask the municipality in writing for the settlement of the taxes on the property being traded, and the municipality is obliged to send the settlement or inform the office of the amount of the property’s debt within 10 days after receiving the letter from the notary office. .
    The owner is required to pay the fees determined by the municipality to the bank for the possibility of carrying out the transaction, and if the owner objects to the municipality’s decision, he will deposit the amount determined by the municipality in the donation registration fund, and the registration receipt will be considered as the settlement of the account and the transaction will be completed. became.
    The registration fund is obliged to send the form with full details of the toll depositors and the property in question to the municipality immediately after the deposit, and as soon as the municipality announces the decision of the dispute settlement commission or the agreement authority or the written withdrawal of the owner’s objection, the deposited amount to the name of Hermoudi. pay separately to the bank account of the municipality, and when the dispute resolution commission or the authorities accept the owner’s objection in whole or in part, the registration fund will return all or part of the deposited money, depending on the owner’s case.
    Article 75 – Municipal duties and income will be collected by special officers appointed by the municipality as collection officers, and the collection officers must provide sufficient guarantees according to the regulations of financial affairs.
    Article 76 and its note have been canceled according to the amended Article 113.
    Article 77 – The settlement of any dispute between the taxpayer and the municipality regarding tolls is referred to a commission composed of representatives of the Ministry of Interior and Justice and the city association, and the decision of the said commission is final. Debts that are recognized according to the decision of this commission can be registered by the registration office according to the provisions of the valid documents. According to the decision of the said commission, the administration of the registration is obliged to issue executive order and collect the request of the municipality. In the places where there is no judicial organization, the head of justice of the city appoints one person as the representative of the judiciary, and in the absence of the city association, the representative of the association is selected by the city council. will come.
    Article 78 – Tolls that are collected together with government taxes are collected by the collection property, as well as the tolls of goods that companies and institutions must pay, according to the order that the municipality stipulates, are collected by the same institutions. And all funds that are collected should be concentrated in the bank if there is a bank, and if there is no bank in the city or in a place close to that municipality, it should be concentrated in the municipality under the supervision of the association.
    Note 1 – The finance department is obliged to send the municipal income statement deposited to the bank or municipal fund to the municipality every 15 days.
    Note 2 – Funds that are given in the name of municipal deposit or trust must be kept in a special account and the municipality has no right to interfere with the deposit or trust funds.
    However, after ten years from the due date of the claim, if the beneficiary of the municipality does not claim, the unclaimed amount can be added to its general income.
    Every year, the municipality must allocate a proportional credit in its budget for the payment of such deposits, so that in the case of the beneficiary or his legal guardian, the entitlement is paid from the said credit. If this credit is not sufficient, the municipality is obliged to use such funds from its current income. to pay
    Article 79 – All municipal payments within the limits of the approved budget will be made with positive documents and in compliance with the regulations of the financial regulations. These documents must be signed by the head of accounting and the mayor, who will be the accountant, or their guardian, who is acceptable to the association.
    The mayor is obliged to submit the income and expenditure account of the previous month to the city association by the 15th of every month.
    In places where a municipality has not yet been established and must be formed according to the provisions of this law, the cost of the city association election will be paid as a loan from the funds of Article 82 of this law, and after the establishment of the municipality, the said loan will be included in the municipal budget and returned.
    Note – The approved credits for charitable organizations will be spent under the supervision of the board of directors of each company, and the board of directors will perform the assigned duties according to the commercial regulations under the supervision of the association.
    Article 80 – Municipalities are obliged to allocate 10% of their annual continuous revenue to help with health care and 5% of their annual continuous revenue to help with the city’s cultural affairs (the subject of Note 1, Article 8 of the Compulsory Education Law) and Implement the action plan in a timely manner according to the diagnosis and approval of the city association and using the technical guidance of the local health and culture departments.
    Note 1 – The city association can spend all or part of the mentioned revenues according to a special plan by the local health and culture departments.
    Note 2 – The association of each city will monitor the education and health affairs of the place by observing the laws and regulations, and whenever it observes deficiencies, it will try to fix them and will send its opinions about the progress of these affairs to the ministries of health and education. And the mentioned ministries are obliged to pay attention to those suggestions and act on them.
    Articles 81, 82, and 83 have been canceled according to Article 113.
    Article 84 – The institutions related to the municipality, such as water, electricity, and bus companies, which have a legal personality, can be managed with commercial principles, the statutes of such institutions must be approved by the city association and approved by the Ministry of Interior.
    Article 85 – The municipality can take action to demolish or modify the roofs of markets and public and private corridors and buildings that are recognized by public health after the approval of the city association and obtaining the opinion of the health department of each locality in accordance with the second note of the eleventh article of the road development law.

    Chapter 8 – In the criminal regulations,

    Article 86 – Any member of the election monitoring association of the city association, including the central and branches, and the fund managers, in any way, commits falsification or fraud in the matter of elections, will be prosecuted according to the provisions of the General Penal Law. accomplices and assistants will also be subject to the provisions of this law.

    Article 87 – Any of the members of the monitoring association, both central and branches, who without a valid reason cause the closure or postponement of the election process, or do not send the result of the election to the central association within the legally prescribed period, or it is found that the reasons for the election not being held in the territory They will be prosecuted in the judicial authorities and will be sentenced to six months to three years of disciplinary imprisonment and a fine of five thousand to fifty thousand Rials.

    Article 88 – An election that is based on bribery or threats (life, financial, honor) is invalid, if the threat or bribery comes from government officials or from members of the association, either central or branches, or from representatives volunteers, from six months to three years. Disciplinary imprisonment and a fine of 1,000 to 50,000 Rials will be sentenced, if the threat or inducement is other than the mentioned persons, they will be sentenced to disciplinary imprisonment from three months to one year and a fine of 500 Rials to 10,000 Rials.

    Those who buy and sell electoral votes, if they are government officials or members of the association, either central or branch, or representative volunteers, according to the first part of this article, and if they are other than the mentioned persons, they will be sentenced to the punishment of the last part of this article, and in any case Those who are bribed are also considered accomplices.

    Article 89 – Anyone who votes with a birth certificate that does not belong to him, or with a fake birth certificate, or has more than one copy of his birth certificate and votes more than once based on it, shall be subject to disciplinary imprisonment from one month to six months and to A fine of 500 Rials to 5000 Rials will be imposed. The above punishment will be applied to anyone who votes more than once in an election period.

    Comment – In the cases mentioned above, the central supervision association and branches must prepare the assembly minutes and immediately send them to the competent authorities.

    Article 90 – Those who are convicted under the provisions of this law will be deprived of the right to elect and be elected in two terms.

    Article 91 – If the members of the association or mayors who are not government employees commit the crimes mentioned in the law amending Article 19 of the Public Penal Law, they will be dealt with in the same way as government employees. If a member of the association is accused of committing the following acts and is prosecuted by the prosecutor’s office, after the indictment is issued by the prosecutor, the membership of the association will be suspended. will be deprived

    ۱- In the case of collusion with the boycotters and parties to the transaction or the municipality, regardless of whether the collusion is direct or indirect.

    ۲- Regarding the application of personal goals in municipal work, which as a result causes disruption of affairs and causes damage to the city and the municipality.

    Comment – The proceedings in the last two cases of the courts will be done out of turn and immediately.

    Article 92 – It is forbidden to write any kind of material or paste any writing on the walls of the city, which is against the regulations of the city association, except in the places where the municipality designates for posting and pasting notices, and in these places it is only necessary to post notices and write on It is also prohibited. In addition to paying the damages to the owners, the offender will be sentenced to pay a fine of 500 to 1000 rials.

    Chapter 9 – Termination of

    Article 93 – From the date of approval of this law, the municipal bill approved on November 11, 1331 and its supplementary bills, as well as all laws that contradict this law, are repealed.

    Article 94 – From the date of notification of this law to the government, the associations that were formed according to the previous laws are considered to be dissolved and the Ministry of Interior is obliged to notify the ranks to the associations and act according to Article 43 of this law to start elections and form a new association.

    Article 95 – The Ministers of Interior and Justice are responsible for the implementation of this law.

    Because according to the law extending the term of the law, all bills approved by Dr. Mossadegh stem from the authority of the bills that are submitted and approved by the joint commissions within a certain period of time until the final approval of the parliaments will be applicable. July one thousand three hundred and thirty-four approved by the joint commissions of the parliaments is temporarily enforceable.

    ارسال دیدگاه

    • Comments submitted by you will be published on the web after approval by the management team.
    • Messages that contain slander or slander will not be published.
    • Messages that are not in Farsi or unrelated will not be published.

    برو بالا