Municipal Council

Article 4

The Municipal Council shall consist of:
1 – 10 members elected in accordance with the provisions of Law No. 35 of 1962, provided that a member shall be elected for each of the ten districts listed in the tables issued by decree.

2- Six members appointed by decree within 15 days from the date of the announcement of the election results. The membership of the municipal council shall be subject to the conditions specified in Law No. 35 of 1962. For a candidate one of the candidates in the constrained constituency.

Each constituency shall have one or more permanent election schedules drawn up by a committee or committees composed of the Ministry of Interior formed by a decision of the Minister of Interior.

The provisions of the aforementioned Law No. 35 of 1962 shall apply to all matters not provided for in this Law.
Article 5

The Constitutional Court shall have jurisdiction to hear the electoral appeals filed in connection with the elections of the Municipal Council. The application was considered unacceptable.

These appeals shall be heard in accordance with the procedures prescribed in the appeals filed in the elections of the National Assembly.

A member challenged in his election may attend the sessions of the Municipal Council and participate in its work until the judgment is issued in his own appeal.
Article 6

The term of the Council shall be four calendar years from the date of its first meeting. The election shall be convened within sixty days preceding the end of that period. The Council shall be convened within 15 days from the date of issuance of the decree appointed. The first session of the Council shall be convened by a decision of the Minister.
Article 7

The first meeting will be held under the chairmanship of the oldest member until the council is elected president and vice president.

The member shall take the oath before the Council in an open session before the exercise of his duties.
Article 8

Subject to Article 7 of this Law, the Council shall elect at its first session and for a term such as its President and Vice-President from among its members.
Article 9

Nominations shall be submitted by secret ballot by an absolute majority of the members present. The Council shall elect its replacement until the end of its term. The election shall be held in the first following session to announce the decision to vacate the President’s seat or his deputy.

Members may recommend one of them as Chairman or Vice-Chairman.
Article 10

1. The President of the Council shall represent the Council in his contacts with other bodies, speak on his behalf and supervise all its activities in accordance with the provisions of this Law.

2. The Vice-President shall replace the President in his absence.
Article 11

The remuneration of the President of the Council, the Vice-President and the members shall be determined by decree.
Article 12

The Chairman of the Council shall not participate in the membership of the various committees.

Neither the Municipal Council nor any of its members may interfere in the functions of the executive body and its activities while adhering to the basis of cooperation.
Article 13

1. If the seat of a member declared by the Council is vacant in its first session after the seat is vacant, this seat shall be filled in the manner prescribed for its vacancy. Vacant seats if the remaining period does not exceed six months unless vacant seats exceed five seats.

2. A member of the Municipal Council shall be considered resigned from the Council if he submits his application for parliamentary elections.
Article 14

The municipal council is competent to accept resignation from membership.

The resignation shall be submitted in writing to the President of the Council for submission to the Council at the first session following its submission. It shall be considered final from the time of the Council’s report of acceptance. At the first meeting after the completion of this vacancy, the member may resign his resignation before the Council’s decision to accept it or before it is considered final as the case may be.

The same procedure shall apply in the case of the resignation of any of the Speaker or his deputy, taking into account that in the event of the resignation of the President of the Council must be submitted to the Municipal Council, and elections are held to fill the position of President of the Council or his deputy at the same meeting in which the resignation was accepted.
Article 15

The Municipal Council shall have an annual session for a period of ten months, at least once every two weeks. The Council shall continue its meetings until it has concluded its consideration of all the issues mentioned in the agenda, provided that more than half of the members are required to attend the meeting. The Council shall meet at the request of its President.

The Council may also be invited to an extraordinary session at the request of the Minister or the Chairman of the Council or at least five of its members. The invitation shall specify the subject to be presented. The invitation shall not be limited to the five-day period referred to in this case. The session discussed other than the topics for which a meeting was called.

In all cases, the agenda and the annexes thereto shall be attached to the invitation.

The Council shall issue its decisions by a majority of the members present unless the law provides otherwise.
Article 16

Any meeting convened by the Council shall be null and void. All decisions issued at this meeting and the consequences thereof shall be null and void.
Article 17

If a member of the Board is absent without an acceptable excuse or has left the session without permission from the Chairperson, he shall be absent from the session. The members who make up the board without the account of the absent member.

If a member is absent from a meeting of any of the council committees without an acceptable excuse, three consecutive sessions or five separate sessions during the same session, the committee shall submit the matter to the municipal council for decision.
Article 18

If a member of the Municipal Council loses one of the conditions of membership or loses his civil capacity, his membership shall be forfeited. The Minister shall notify the Council accordingly to issue a decision to vacate the seat.
Article 19

A member of the Municipal Council shall not combine with his membership of the Municipal Council the membership of the Board of Directors of any company or the assumption of any public office.

If the member is found to be in a state of collection referred to in the preceding paragraph, he shall determine within the eight days following the establishment of the state of collection, which of the two matters he chooses, if he does not select a consideration for the most recent one.
In case of contesting the validity of membership, the status of collection shall not be considered until the date of the final decision rejecting the appeal.
Article (20)

A member of the Council shall be prohibited from having a direct or indirect interest in himself or in his capacity as guardian, guardian, curator or agent for whom he relates to the second degree in any dealings or work falling within the competence of the Council. Submit a proposal to the Council in which it has an interest in contradicting the requirements of its membership. It shall refrain from participating in or discussing the decision.
Article 21

Within the framework of the general structure of the State and the approved budget, the Municipal Council shall have the following competencies:

1. Approving the regulations related to municipal activities and services and the regulations pertaining to the organization of the work of the Municipal Council in accordance with the competencies prescribed for it in this Law, in particular the following regulations:

The building regulations governing investment and commercial real estate and the like shall include special conditions for providing the required number of parking lots within their borders and shall be calculated according to the activities and uses established in such properties.

Organizing the practice of professions for offices and local engineering houses related to construction affairs.

General population hygiene in accordance with the competencies prescribed for the municipality.

D – Works of public roads, squares, sidewalks and squares.

(E) Cultivating state-owned squares adjacent to private and model housing.
(F) The establishment of umbrellas for the parking lots of private and model housing and governmental and private entities.
G- Organizing funeral procedures, transporting the dead, burial and supervising the graves.
(H) Rules concerning property rights, use and easement of land and private roads deducted from real estate, whether such roads are in force or not, in a manner not inconsistent with the laws.
I) Rules for determining real estate disputes between the municipality and those concerned with regard to the increase or decrease in real estate and land over the contents of their official ownership documents, or their overlap with state property.
Classification, licensing and monitoring of building and demolition contractors.

(K) Imposition of fees for municipal services or the use, modification or cancellation of municipal facilities.
Organizing the work of the Municipal Council.

Public markets, except those of birds, poultry, live animals and ornamental fish.

Public and disturbing shops for rest.

The competent minister shall issue the regulations referred to in item (1) after their approval by the municipal council.

Monitor the implementation of laws and regulations relating to municipal affairs in accordance with the provisions of this law.

3. Proposing a list of sorting and merging organized vouchers of all kinds in preparation for issuing a decree.

4 – Deciding projects and their physical locations, and beautifying cities, villages, suburbs, regions, islands, roads, streets and squares and their expansion.

5. Determination of the public interest in accordance with the conditions prescribed by the provisions of the law of expropriation and temporary seizure of public goods.

6- Report of establishing cities, villages, suburbs, regions, islands, roads, streets, squares, markets, slaughterhouses, cemeteries and others.

7. Advise in any obligation or monopoly the exploitation of a public facility within the jurisdiction of the municipality.

8. Discuss the draft municipal budget for the new fiscal year and the draft final account for the fiscal year ending.

9. Consider the proposals submitted in a matter of the municipality’s affairs and issue its decisions or recommendations thereon.
10. Determine area plans, determine land uses, and develop and regulate residential, investment, commercial, industrial and other areas, in accordance with the general structural plan of the State.

11. Expressing an opinion on the draft general master plan of the State in preparation for its promulgation by decree.

12. Determine the organization and distribution of the organizational pieces and annex and deduct the pockets and benefits arising from the organization, and approve the projects of division and fragmentation of land prepared for construction in accordance with the conditions and procedures determined by the Municipal Council.

13. Accept unconditional donations for the municipality’s activities after the approval of the Council of Ministers.

14. Propose a list of safety regulations for individuals, property, public utilities and public wealth resources in preparation for promulgation by decree, in accordance with the provisions of Decree Law No. 18 of 1978 referred to.

Names of cities, suburbs and regions. Names of persons may be launched on roads, streets and squares in accordance with the rules and regulations established by the Council of Ministers.

The Municipal Council shall, upon approving the submission of projects to the real estate properties of the State, abide by the provisions of Decree Law No. 105 of 1980 and Law No. 116 of 2014 referred to as inspiring.
Article (22)

The Municipal Council shall issue its final decision on matters referred to it within one hundred working days from the date of referral, after the Executive Body has examined them and expressed its opinion thereon. Subject to the conclusion of the opinion of the executive body submitted to the Municipal Council within thirty days.

The Council may not issue its decisions in the matters submitted to it, except after studying them from the Executive Body, provided that the study prepared by the Executive Body shall include the organizational and legal opinion, the opinion of the general structural plan of the State and the opinion of the relevant authorities, as the case may be. If the study is not submitted within this period, the executive body shall submit the justifications before the end of this period to the Minister. He may give the agency a period not exceeding thirty working days to submit the opinion, provided that the municipal council shall be notified thereof.
Article 23 The

Municipal Council, in order to achieve the approval of the organizational plans or the requirements of future expropriations, in accordance with the general structural plan of the State, may decide to suspend or prevent construction in some areas or impose any restrictions on them for the period specified by the resolution.

Without prejudice to the provisions of Article 38 of this Law, the violation of the decision issued in this regard shall result in non-consideration of the value of the buildings subject to the violation in the case of the determination of the acquisition of land on which these buildings were built, after the decision of the Municipal Council in accordance with the provisions of this Law.   Article 24 The

Council or its committees may invite any specialists or experts whom it deems necessary to attend its meetings on a subject on the agenda, without having the right to vote. The meetings of the Municipal Council shall be attended by the Director of the Legal Department or his deputy, as well as the representative of the Executive.
Article 25

The Minister shall be notified of the decisions, recommendations and suggestions of the Municipal Council for ratification. He may object to them within fifteen working days from the date of being notified in writing.

The decisions of the Municipal Council shall take effect after such period has passed. In case the Minister objects to the decision of the Municipal Council, he shall inform the Council in writing within the said period. After hearing the opinion of the Municipal Council within six months from the date of its notification.

The decision of the Council of Ministers in this case shall be effective and the Municipal Council shall be obliged to enforce it within fifteen days from the date of receipt of the notification.
Article 26

The Council shall form a sub-committee for each governorate of five members for a period of two years. In no case may the member participate in more than two committees.
Article 27

The Board shall form the following committees from among its members for a period of two years:

1. The Technical Committee, with seven members.

2. The Legal and Financial Committee, with five members.

3. The Reform and Development Committee, with five members.

4 – Committee for practicing engineering professions, and the number of its members five.

5. Committee for Environmental Affairs, with five members.

6. The Committee of Objections and Complaints, the number of its members five.

The internal regulations shall determine the competence of each committee and the rules, conditions, controls and dates of its meetings and issue its decisions.
Article 28

The Council may form other committees according to the need of work and lay down to each committee the special provisions required for its work.

Any of the committees may form from among its members a sub-committee as required by its work.
Article 29

The Municipal Council may be dissolved by reasoned decree.

If the Council is dissolved, elections and the appointment of the new Council shall be held within a period not exceeding sixty days from the date of dissolution.
In the event that the Council is dissolved pursuant to the provisions of the preceding paragraph, its powers shall be assumed by a committee formed by the Council of Ministers, issued by a decree of experienced and honesty until the formation of the new Council. The Committee’s competencies shall not include the report of public benefit, provided that the decisions of the Committee shall be submitted to the Municipal Council within fifteen days from the date of His first meeting.
Article (30)

The Municipal Council shall have a General Secretariat specialized in providing technical and administrative support to it, in particular the preparation and preparation of its meetings and committees, its attendance, registration of its records and archiving.The General Secretariat shall be regulated by a decision of the Municipal Council.This resolution shall include the detailed provisions of its work and functions in accordance with the regulations of the Civil Service Bureau.

Under the supervision of the President of the Council, the General Secretariat is headed by a Secretary-General at the level of Undersecretary, assisted by a number of Assistant Undersecretaries, all nominated by the President of the Municipal Council.

The Secretary General shall be responsible for the affairs of the General Secretariat and its staff. He shall have the competencies of the Undersecretary with respect to the staff of the General Secretariat. He shall attend the public and private meetings of the Council. He may attend the meetings of the committees upon request.