In financial irregularities and disciplining those responsible
The first section
in determining the financial irregularities and what should be taken about them (52 - 56)
Article 52
The following shall be considered financial irregularities in the application of the provisions of this law: 1. Violation of the financial rules and provisions stipulated in the Constitution. 2. Violation of the general budget or the budgets attached to it or independent of it and the budgets of the bodies subject to the control of the Audit Bureau, which the public official is delegated to monitor or supervise. 3. Violation of the provisions of the law on the rules of the preparation of the budget and control of its implementation and the final account. 4. Violation of the provisions of the Tender Law and its regulations and the list of stores and purchases and in general all the rules, provisions, regulations, financial circulars, accounting and inventory. 5. Any wrongful act, negligence or omission that entails the unjustified disbursement of public funds or the loss of a financial right of the State or any other public person or bodies subject to the control of the Audit Bureau or prejudice to any of its financial interests or that would lead to that. 6. Failure to submit to the Bureau tenders and projects of commitments, agreements and contracts subject to prior financial control. In addition, failure to provide the Bureau with unjustified accounts and supporting documents within the specified dates, or any papers, documents, or other documents required by it, which shall have the right to examine, review or review them in accordance with the law. 7. Failure to respond to the Bureau’s observations or correspondence in general, or delay in responding to them without justification. It is deemed non-reply that the employee shall answer an answer for the purpose of procrastination and procrastination. 8. Undue delay in informing the Bureau within fifteen days at most of the actions taken by the competent administrative authority in respect of the violations reported to it by the Bureau or its failure without an acceptable excuse for taking the necessary action. To exercise its competence in financial control to the fullest. In addition, failure to provide the Bureau with unjustified accounts and supporting documents within the specified dates, or any papers, documents, or other documents required by it, which shall have the right to examine, review or review them in accordance with the law. 7. Failure to respond to the Bureau’s observations or correspondence in general, or delay in responding to them without justification. It is deemed non-reply that the employee shall answer an answer for the purpose of procrastination and procrastination. 8. Undue delay in informing the Bureau within fifteen days at most of the actions taken by the competent administrative authority in respect of the violations reported to it by the Bureau or its failure without an acceptable excuse for taking the necessary action. To exercise its competence in financial control to the fullest. In addition, failure to provide the Bureau with unjustified accounts and supporting documents within the specified dates, or any papers, documents, or other documents required by it, which shall have the right to examine, review or review them in accordance with the law. 7. Failure to respond to the Bureau’s observations or correspondence in general, or delay in responding to them without justification. It is deemed non-reply that the employee shall answer an answer for the purpose of procrastination and procrastination. 8. Undue delay in informing the Bureau within fifteen days at most of the actions taken by the competent administrative authority in respect of the violations reported to it by the Bureau or its failure without an acceptable excuse for taking the necessary action. To exercise its competence in financial control to the fullest. Failure to respond to the Bureau’s observations or correspondence in general, or delay in responding to them without justification. It is deemed non-reply that the employee answers an answer for the purpose of procrastination and procrastination. 8. Undue delay in informing the Bureau within fifteen days at most of the actions taken by the competent administrative authority in respect of the violations reported to it by the Bureau or its failure without an acceptable excuse for taking the necessary action. To exercise its competence in financial control to the fullest. Failure to respond to the Bureau’s observations or correspondence in general, or delay in responding to them without justification. It is deemed non-reply that the employee answers an answer for the purpose of procrastination and procrastination. 8. Undue delay in informing the Bureau within fifteen days at most of the actions taken by the competent administrative authority in respect of the violations reported to it by the Bureau or its failure without an acceptable excuse for taking the necessary action. To exercise its competence in financial control to the fullest.
Article (53)
Any person who commits public officials other than ministers for a violation of the financial violations stipulated in the preceding article or contributed to the commission or easy to occur or lax in reporting or attempted to cover up the perpetrator, shall be punished in the manner prescribed in this law. from pictures. Article (54)
Every government agency, public institution, corporation, or company affiliated with it shall refer to the investigation any financial violations it has discovered, after discovery, and after informing the result of this investigation, shall issue a decision in the matter whether to preserve it. Or to remunerate the official administratively or refer him to disciplinary trial at his discretion within fifteen days from the date of being notified of the result of the investigation.
Article 55
The Bureau shall be notified of the decisions issued for the disposal of financial irregularities accompanied by the minutes of investigation and other related documents and documents within a maximum period of ten days from the date of issuance.
Article (56)
The SAI shall notify the competent authorities of the financial irregularities that have precedence of disclosure and shall emanate from them the same procedures and provisions stipulated in the two preceding Articles.
3.2 Section II
Disciplinary Personnel Responsible for Financial Violations (57-59) Article 57
The SAI shall have the right to object to the decisions referred to in Article (55) of this Law if it sees a face to it. In this case, the President of the Bureau may file a disciplinary action against the violator before the body whose jurisdiction stipulates the disciplinary trials for financial violations. The said lawsuit shall be filed within one month at most from the date of receipt of the objection decision, accompanied by the minutes of investigation and other papers and data related to it in full and complete, otherwise that decision becomes final and the right of the Bureau to file the case.
Article 58
If the Bureau of the examination of the papers finds that the decision issued by the competent authority to preserve the matter is wrong or that the penalty imposed on the officer in charge is not commensurate with the violation committed and the Bureau considers, however, that the violation does not qualify to refer the perpetrator to a disciplinary trial, in this case the President of the Bureau To return the papers to the competent authority within fifteen days from the date of their receipt to the Court, requesting it to reconsider the matter either to reward the violator if the decision is issued for preservation or to tighten the penalty signed so as to make it proportionate to the violation and within the limits of the salary deduction up to five nest Days.
Article 59
The competent authority shall decide on the request of the Bureau and notify it of the result within seven days at most from the date of receiving the returned documents. If the Authority does not respond to the Bureau’s request or notifies it of the result within the time indicated in the preceding paragraph, the President of the Bureau may refer the violator for disciplinary trial within a maximum of ten days from the date of receipt of the returned papers to the Bureau.
3.3 Section III
Formation of the Competent Authority for the Disciplinary Trial for the Commitment of Financial Violations and Penalties for which it has a Signature (60-68)
Article 60
The disciplinary trial for committing the financial breaches stipulated in Article (52) of this law shall be a body whose composition shall be as follows: a- For employees who hold the highest grade of the second cycle and above, the Authority shall be composed of: 1. Head of the Fatwa and Legislation Department. 2. Chairman of the Audit Bureau. 3. Undersecretary of the Ministry of Finance and Industry. 4. Advisor to the Fatwa and Legislation Department. 5. Under-Secretary of the Staff Office B- For those who are not mentioned in item (a), the Authority shall be composed of: 1. The Undersecretary of the Fatwa and Legislation Department. Chairman 2. Assistant Audit Bureau Agent. 3. Advisor to the Fatwa and Legislation Department. 4. Delegates from the Ministry of Finance and Industry. 5. A representative from the Staff Office. The grade of either of these latter members shall not be lower than that of the officer referred for trial. In the absence of the Chairman of the Commission or one of its members in any of the formation or the establishment of an objection to him, he shall be replaced by the person acting in accordance with the regulations of the entity that follows.
Article 61
The competent disciplinary body shall be appointed according to the grade of the employee at the time the disciplinary case is instituted against him. If there are multiple employees responsible for the violation or for the related offenses, their trial shall be by the competent authority to try the highest degree. The secretariat of the Commission shall be carried out by the staff assigned by the Chief of Staff of the Bureau for this purpose.
Article (62)
The disciplinary trials before the aforementioned authority shall apply to the procedures, rules and penalties prescribed in the same civil law by the Civil Service Law.
Article 63
If a staff member referred to disciplinary trial before the tribunal provided for in article 60, paragraph (a), is already competent to try him, the tribunal constituted in accordance with paragraph (b) of the same article, the penalties inflicted on him shall be the penalties for which the latter tribunal may be punished. He had been tried in front of her.
Article 64
The decisions of the Commission shall be issued and shall be signed and signed by the Chairman and members of the Commission.
Article 65 The
decisions of the Commission shall be final whether absent or present. However, the Bureau and the concerned parties may appeal it in the prescribed way to challenge the administrative decisions by requesting their cancellation or compensation for any violation of the law within sixty days from the date of their knowledge. Such appeal shall not result in the suspension of the execution of the contested disciplinary decision unless ordered by the competent court to hear the appeal.
Article 66
The Secretary of the Commission shall provide the Bureau with a copy of the resolutions issued by the Authority within a maximum period of thirty days from the date of its issuance.
Article (67) The
Bureau shall follow up the decisions issued by the Authority to impose the penalties and to ensure that the body of the convicted employee executes the penalties imposed on it.
Article 68
The acceptance of the resignation of the employee against whom the disciplinary action has been decided shall not preclude the continuation of his disciplinary proceedings and the financial settlement of his case shall be suspended until the completion of the trial.
3.4 Section IV
Exemption from Punishment and Limitation of Claims (69 – 73)
Article 69
The employee shall not be exempted from the penalty unless it is proved that the violation was committed in writing by the superior and issued by the superior.
Article 70
The disciplinary action for the financial violation shall be dropped within five calendar years from the date of the violation. This period shall be interrupted by the procedures of investigation, indictment or trial. In case of multiple offenders, the interruption of the period for one of them shall result in interruption for the others, even if no firm measures have been taken against them.
Article 71
The disciplinary action may be instituted against the employee who has left the service for any reason provided that the lawsuit has not been dropped by the period in accordance with the provisions of the preceding Article. The competent body shall be tried according to his grade when he leaves the service. The pension or remuneration due to him may be suspended by a decision of the said authority until the end of his trial.
Article 72 The
penalties that may be imposed on the employee referred to in the preceding article are: 1. Deprivation of pension for a period not exceeding three months. 2. Deprivation of all or part of the pension or remuneration from the date of judgment. 3. A fine of not less than ten dinars and not exceed the salary he was paid for the month in which the violation occurred. This fine shall be deducted from the deduction of his pension or remuneration, if any, within the prescribed legal limits or by the procedures and procedures for collecting funds and public dues.
Article 73
The imposition of one of the penalties stipulated in this Law shall not prejudice the right to institute civil or criminal proceedings against the employee if necessary.
