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ISLAMIC EMIRATE OF AFGHANISTAN
PROPRIETOR: MINISTRY OF JUSTICE
DATE OF PUBLICATION: 10TH RAJAB AL-MURAJJAB, 1421 L.H.
(October 07, 2000)
The present law has been enacted to regulate modus operandi of the municipalities and that of their respective district branches.
Being a public legal and juristic entity the Municipality through the fulfillment of its respective obligations, shall provide for the general needs of the urban populations in accordance with the provisions of the present law and other legal instruments.
(1) Kabul Municipality is part of the Emirate (State) organizational structure and shall fulfill its obligations and exercise its powers within bounds of the present law.
(2) Provincial municipalities as part of local administration shall perform their activities under the ministry of interior and within limits of the provisions of the present law.
Through the competent authorities municipalities may establish mutual relationships with municipal corporations of foreign countries in accordance with the provisions of the Islamic Shari‘ah.
(1) Within the scope of their operations, the municipalities shall be in possession of their respective urban master plans.
(2) The departments of Central Engineering and Urban Planning as well as their relevant branches shall prepare and modify master plans in cooperation and consultation with the municipalities and shall be implemented by the municipality after being confirmed by the Council of Ministers and approved by the head of the Islamic Emirate of Afghanistan.
(3) Responsibility to supervise implementation of the master plan shall rest with the master plan designing department as well as with the concerned municipality.
The Kabul mayor shall be appointed by the head of the Emirate in accordance with the provisions of law.
Municipalities shall be established in the centers of local administrative units (provinces and districts) with due regard to the following conditions:
1- In the center of administrative units having a population of more than 5000 people.
2- In the center of an administrative unit where implementation of urban master plan is feasible.
(1) The Kabul mayor, deputy mayor (s), heads of departments, administrative council, central departments and district chiefs shall be appointed in accordance with the provisions of law.
(2) The municipal administrative council shall comprise the mayor (as chairman), deputy mayors and heads of departments and shall be set up based on the recommendations of the municipality and approval by the council of ministers.
Other municipalities shall be established and shall function in accordance with the approved organizational structure as well as in accordance with the provisions of law.
The organizational structure and budget of the municipality shall be prepared by the mayor, confirmed by the administrative council and after being reviewed by the ministry of finance shall be reflected in the Emirate budget in accordance with the provisions of law and shall be submitted to the council of ministers for completion of formalities.
Budget of the municipalities shall consist of ordinary and development components and its expenditures shall be defrayed from revenues being collected as follow:
1. Ordinary budget shall be financed from the (45) per cent of fixed revenues of the municipality, and if impossible, shall be offset from the remainder (55) per cent of the fixed and non-fixed revenues in agreement with the ministry of finance.
2- Development budget shall be financed from the remainder (55) per cent of the fixed and non-fixed revenues as well as from the municipality’s assets deposited with the bank.
Under exceptional circumstances where the development plan could not be implemented out of the municipality funds, financial assistance shall be provided from the Emirate development budget.
(1) Municipal revenues shall belong to the municipality, and as such, it shall adjust its expenditures to the approved budget taking into consideration the revenues being collected.
(2) Revenues accruing from the entire municipal resources shall be deposited into the special municipality account with the bank.
Where one of the administrative or construction projects is transferred to the municipality, the financial allocation and budget of the transferred project shall also be transferred into its budget.
Under emergency circumstances municipality’s reserve funds being deposited with the bank can be spent upon approval by the administrative council of the municipality, agreement by the ministry of finance and confirmation by the council of ministers in accordance with the provisions of the enforced laws.
Where the municipal revenues do not suffice to meet the expenditures of its ordinary budget for two succeeding years the issue shall be referred to the head of the Emirate after being approved by the administrative council and recommended by the ministry of finance.
OBLIGATIONS & POWERS
Municipalities and district branches thereof have their respective obligations and powers as given below:
1-Adopt measures for ensuring means of livelihood for the residents living in the respective area.
2- Adopt measures for construction and maintenance of wells, kariz (subterranean irrigation canals, ponds, and potable water reservoirs by the relevant sources.
3- Adopt measures for the protection and creation of urban green spaces and ensuring cleanliness and sanitation in the relevant areas, as well as for the protection of bio-environment.
4- Adopt measures for construction of roads, playgrounds, public bathhouses, emporiums, markets and cultural and civic centers through the engagement of private investment in areas under planning to the extent possible.
5- Valuate residential houses according to rules and regulations.
6- Fix rental of municipal properties in accordance with the law provision.
7- Adopt measures for inspecting sanitary conditions in bathhouses, restaurants, guesthouses, samovars, swimming pools, public halls and other food shops in cooperation with the concerned departments.
8- Adopt measures to ensure cooperation with health institutions in the implementation of measures intended to prevent the outbreak of diseases and to protect the bio-environment.
9- Adopt measures for allotment of land-plots for the construction of residential houses and commercial sites in accordance with the relevant law provision.
10- Expropriate land in accordance with the provisions of the land expropriation law.
11. Adopt measures for taking part in the construction of residential centers, maintenance of roads, streets and residential areas.
12- Adopt measures for a sound expansion of the fleet of city transportation means by the relevant department.
13- Adopt measures for providing assistance in foodstuffs supply and distribution.
14- Control prices and measuring appliances, regulate and universalize the metric system in relevant area.
15- Adopt measures for providing assistance in promoting sports and physical training in accordance with the Islamic morality.
16- Attract voluntary cooperation of the residents in carrying out sanitational activities, creating green spaces and in delivering other useful urban services.
17- Adopt measures for providing assistance in preservation, maintenance and restoration of historical and cultural relics through attracting cooperation of the relevant departments.
18- Adopt measures for providing assistance in collecting data on demographic statistics.
19- Collect municipal charges in accordance with the provisions of law.
20- Adopt measures for providing effective cooperation in illiteracy eradication , improvement in the general educational and cultural levels, vocational training of the people, development of social services network, general educational and vocational schools and libraries in the relevant area through the concerned department and with due regard to the Islamic standards.
21- Pass bills in due consideration of the provisions of the present law.
22- Steer subordinate departments and sections.
23- Call and hold sessions in connection with utilities of the relevant town.
24- Organize implementation of budgetary as well as annual revenues and expenditures plans and adopt measures to economize expenditures.
25- Supervise execution of decisions adopted by the administrative council.
26- Express views regarding structures of the establishments of the traffic department in city area.
27- Determine the location of slaughterhouse, regulate and supervise butchery-related sanitational affairs.
28- Distribute price list in accordance with the provisions of the Shari‘ah.
29- Review terms and conditions of affidavits, contracts and leases regarding municipal properties.
30- Construct, repair and cleanse public streams and ditches in towns.
31- Regulate receiving visitors and settle grievances of the residents in a just and timely manner as well as supervise implementation of the decisions within their respective scope of powers.
32- Provide assistance in meeting primary and emergency social and economic needs of the local residents in cooperation with the respective bodies.
33- Allocate burying grounds for interment of the dead (graveyards).
34- Adopt measures for organizing free of charge obsequies of the unidentifiable and heirless dead with the cooperation of the Red Crescent.
35- Take decision regarding demolition of building at the end of their useful life based on the recommendation of the technical committee.
36- Accept aid, gifts and grants on behalf of the municipality and registration thereof in the books.
37- Prevent arbitrary construction of buildings with the help of security authorities of the relevant area.
38- Grant trade licenses to various guilds in the city.
39- Grant work permits to the janitorial staff of foreign institutions.
40- Collect and record correct data on weddings, births, deaths and changes in dwelling places and submit the report thereon to the relevant authorities.
41- Earnestly implement the price list.
42- Provide assistance in consolidating lawfulness, ensuring security, social order and tranquility of the society.
43- Provide assistance in defending legal interests of the local residents.
44- Render all-sided cooperation in building the society and consolidation of Islamic sovereignty.
Institutions, departments, senior government officials and residents living in the areas under their respective municipality or municipal precinct shall be obligated to implement the decisions taken by the administrative council of the municipality in relation to issues within the scope of their powers.
Changes in names of towns and areas shall take place upon recommendations of the municipality, confirmation by the council of ministers and approval by the head of the Emirate.
Municipality may grant letters of appreciation to those tradesmen and craftsmen who demonstrate good and Islamic behavior and perform their duties vis-à-vis their fellow citizens in a better way.
Police, educational, city transport, water & power supply, urban development, housing and all other relevant departments shall render their cooperation to the respective municipality in implementing the city master plan and other public utilities and shall pave the way for the implementation of its plans.
Representative of guilds shall be appointed in understanding and agreement with the mayor and the relevant guilds.
The authority to implement and exercise control over the budget shall rest with the mayor.
The mayor can delegate his powers to the deputies.
Article 24: The mayors of district municipalities and chiefs of precinct branches shall forecast annual revenues of their respective areas and shall send their forecasts to their respective central municipality for budget preparation.
The present law shall become into effect beginning with the date on which it is passed and shall be published in the official gazette and shall supersede the municipal law and the amendments thereof published in the official gazette, dated 15/10/1369 (05/01/1991).