Description

Article 10 of the law 43/1979 states that:

• In each governorate, a local popular council shall be formed of ten members for each district, or administrative division, one of them at least is to be a woman.
• The representation of the each district or administrative division for the Canal Zone, Matruh, and the New Valley, Northern and Sothern Sinai and the Red Sea governorate shall be of fourteen members, one of them at least is to be a woman.
• The city of special nature determined under the decree of the president of the republic shall have a higher local popular council to be formed in accordance with stipulation of the first clause of this article. This council shall have the powers of the local popular council of the governorate as prescribed by this law.
• The higher local popular council of Luxor shall be formed from the current members who represent Luxor District and City in the Council of Qena Governorate, and their membership shall be valid till the lapse of duration of the current local popular councils.

Article 11 states how this LPC will be elected:

• The Local Popular Council for the governorate shall elect, from among its members, in the first meeting of the ordinary session, and for the period of this session, its chairman and two representatives, provided that one of them is at least from workers and peasants.
• In the absence of the chairman, both of the representatives shall supersede him alternatively among themselves. In this case the leadership shall be for the eldest member, if the chairman and the two representatives were absent; and in the event of the office of either of them being vacant, the council shall elect who takes his place up till the end of his period.

Responsibilities

The duties of the Governorate LPC are listed in articles 12-18 of the Law 43/1979 as follows:

• The local popular council for the governorate, within the limits of the state general policy, shall take charge of the various utilities and works included in the competence of the governorate, pursuant to article 2 of this law.
• It has the right to request, through the governor, any statements connected with the activity of the other productive economic units, working within the circle of the governorate.
• It also shall take charge of carrying of the general plans regarding local development and their follow up, in the manner indicated in the law and the executive regulations.
• Within the general plan and the authorized budget the governorate LPC shall be responsible, abiding by the law and rules, for the following:

1. Determining the projects of the social and economic development plan, and the proposal for the annual budget of the governorate, following up its execution and the approving of the proposal of the final statement account.
2. Specifying and determining the plan of popular participation by self-help and possibilities for supporting local projects.
3. The approval of the general projects which fulfills the requirements of housing, construction and proposing projects of rebuilding, planning, and reconstruction.
4. The approval on establishing utilities which will bring about, public benefit of the governorate.
5. Determining the establishment of local productive projects, and especially the projects connected with food security.
6. The proposal of imposing taxes having local character.
7. Imposing the duties of having local character, according to the provisions of this law, or amending them, or shortening the period of their validity or the exemption therefrom or their cancellation after the approval of the Cabinet.
8. Studying and preparing the plans and programs for the obliteration of illiteracy, and family organization within the governorate’s scope and making the necessary requirements and follow up of their execution.
9. Issuing the recommendations for proposals and plans connected to maintaining order and local security.
10. Determining the general rules for the method of the governorate machineries dealing with the public in all the fields,
11. Proposing the establishment of free zones, investment joint companies with Arab or foreign capital, as well as carrying out joint projects with other governorates or with the local units or other legal persons in the governorate, after the approval of the competent planning bodies, and by observing the provisions of the law for investment Arab and foreign funds.
12. Practicing the competences, connected with the projects of the local popular councils within the scope of the governorate, and by which these councils are not being able to carry out.
13. The approval of representing the council in the local councils and practicing in the symposiums, occasions, discussions and studies carried out by the central authorities.

The local popular council has the right to issue resolutions necessary for supporting its practicing the competences stipulated upon in this article.

The chairman of the council shall notify the governor with its resolutions, recommendations, and proposals within fifteen days of the date of their issue.

Article 13 elaborates on the relation between the Governorate LPC and other LPCs within the scope of the governorate as follows:

1. Supervision and control of the work and activities of these councils.
2. Authorizing or objecting resolutions issued by these councils within the limits stated by the executive regulations.
3. Approving the proposals of the councils to establish or to cancel the local units within the scope of the governorate or changing their names.

According to Article 14:

• The Governorate LPC is entitled to dispose, free of charge, any of its real properties or movable estates, or its hiring at a nominal rent or less than adequate payment for the purpose of realizing an aim having a public benefit, if such action was to one of the ministries or to one of the general legal persons, or public sector companies and private societies and organizations having public benefit.
• Without prejudice of the provisions of laws concerning the right of possessing real estate by foreigners, it is permissible for the council, after the approval of the prime minister, to do the same action mentioned above to one of the private legal persons or to a forge in body within the extent of fifty thousand pounds in one of the fiscal years and for the purpose of public benefit, provided that the approval of the Cabinet for what shall exceed the mentioned amount.
• In the case of hiring or disposal for a private legal person or foreign body, the hiring period should not exceed thirty years, after which, it is permissible to renew it by a decree from the Cabinet. The property, subject to disposal or hiring, should remain assigned to the purpose for the sake of which it was hired for.
•  If the purpose ceased to exist for any reason, or was violated by the tenant, the disposal or the hiring is cancelled automatically, without the need for a judgment or warrant.

According to Article 15:

• The Governorate LPC is permitted, within the limits of the plan and the authorized budget, to borrow for carrying out productive or investment projects necessary for the governorate or the local units within its scope, provided the extent of indebtedness should not exceed 40% of the total annual self-revenues of the governorate, or the local unit in which these projects shall be established.

Article 16 states that:

• The governorate LPC, within the limits of the authorized budget, shall have the right to decide providing financial, technical and administrative aid to the bodies having social, charitable and scientific aims within the circle of its competences.
• The governorate shall have the right to agree on lending the cooperative societies and their assistance technically and administratively with what enable them to carry out their competences.

Article 17 gives the right to the governorate LPC to:

• Decide on representing the beneficiaries in management and supervision on the projects, machineries and units which are managing the projects and public services in the governorate as per the executive regulations of this law. This is upon the agreement with the governor.
• The representative of the beneficiaries is considered to be charged with a public service in applying the provisions of the penal law. He or she is not allowed to interfere in the progress of the administrative or executive work in the bodies that he or she represents. It is not permissible for the representative to obtain any privileges from these bodies or to have private treatment for any business with them.

Article 18 draws the relation between the Governor, Governorate LPC, and the Cabinet as follows:

• The local popular council of the governorate shall express its opinion about the matters which the governor, or the concerned ministers seek its consultation therein.
• The governor should submit to the Prime Minister, the desires of the local popular council, connected with the public requirements of the governorate, and which cannot be executed locally.

QUESTIONS AND ACKNOWLEDGEMENT REQUESTES

According to Article 19:

• Each member of the local popular council of the governorate has the right to address – to the governor or to the assistants of the governor, and to each of the heads of departments, and to the chairmen of public authorities within the scope of the governorate – questions about the affairs included in their competences; and the question must be about one of the local matters, and not to be related to a private interest for its applicant, or to have a personal quality.
• The governor, or the like to whom the questions of the members are addressed – has to answer them in the session of the local popular council, except if, in the opinion of the council, a written reply thereupon is sufficient.
• It is permissible for the governor to deputize – in answering the questions addressed to him – the heads of departments or public authorities.
• The internal regulations for the local popular council shall organize the procedures and rules of submitting the questions and the reply thereupon.

Article 20:

• Each member of the local popular council of the governorate has the right to acknowledge – the governor, or the like, or the governor assistants, or heads of departments, and chairmen of the public authorities in the governorate – with a matter of urgent and general importance of the affairs entering within their competences.
• The applicant of request for acknowledgement should specify the matters, comprised therein, indicate its public quality, and urgency.
• The internal regulations of the council shall organize the procedures and rules for submitting requests for acknowledgement, and the reply thereupon.
•  It is permissible for the members of the local popular council in the governorate to submit interpellation to the governor, and to each of the heads of governmental departments, and chairmen of public authorities, calling them to account for the affairs entering within their competences.
• The interpellation might not be related to a private or personal benefit for any of its applicants; and it is not permissible to submit interpellation about a subject in which the council had previously rendered a judgment therein, in the same session, unless new events happen unexpectedly, justifying its submission; and all that shall be in the manner stated in the executive regulations of this law. The interpellation shall be submitted according to the following:

1. The interpellation shall be submitted to the governor by one third of the council members, or by six of its members whichever is bigger; and the interpellation shall be submitted to each of the heads of governmental departments, and chairmen of public authorities, by four members at least.
2. Discussion of the interpellation subject is not allowed except after seven days at least of the date of its submission, unless it is accepted for discussion by the one to whom the interpellation is addressed, before that date.

The internal regulations of the council organize the procedures and rules of submitting the interpellation, and its discussion.

• The resolution shall be issued by the local popular council of the governorate – after discussing the interpellation for the responsibility of the governor about a certain event referred to by him, by the approval of two thirds of the council members; and in this case, the chairman of the council shall take charge of advising the Prime Minister with a report about what the council concluded, and the reasons upon which its resolution is established, to be submitted to the President of the Republic for issuing his decree either to release the governor from his position, or to dissolve the local popular council of the governorate, within thirty days of the date of submitting the matter to him.

• The resolution regarding the responsibility of any of the heads of departments or public authorities shall be issued – after discussing the interpellation about a certain event referred to by him – by the absolute majority of the council members; and in this case, the chairman of the local popular council shall advise the governor with a report about what the council concluded, and the reasons upon which his resolution is established; and the governor is obliged to pass the matter to judicial investigation authorities within thirty days of the date of advising him with what the council resolved, and to advise the competent minister about that.

• The governor has to inform the local popular council about the conclusion of the investigation within fifteen days, at the most from the date of being informed with the conclusion by the authority entrusted with the investigation.

WORK FLOW IN THE LOCAL POPULAR COUNCILS OF THE GOVERNORATES

Article 21:

• A residence shall be prepared for the local popular council and its committees at the capital of the governorate; and shall be attached to the council a sufficient number of personnel necessary for favorable work progress in the council. The chairman of the council shall have the right to supervise them, and he shall the power of the minister with regard to them.
• Also, the necessary credits for meeting the expenses of the local council shall be included in the governorate budget annually; and these credits shall be put at the disposal of the chairman of the local popular council in his capacity as the one who orders payments.

Article 22:

• The duration for the ordinary sessions of the local popular council of the governorate shall be at least ten months.

• The council shall be held at the residence prepared for it in the capital of governorate – an ordinary meeting at least once every month, at the invitation of its chairman, in the time appointed by him; and it is permissible to invite the council to an extraordinary meeting, in case of need, according to the request of the chairman of the council, or the governor, or one third of the council members.

• With the exception of what is mentioned in its concern, a special provision, the meeting of the council shall not be correct except in the presence of the majority of its members; and the resolutions of the council in the matters comprised in its competences, shall be issued by the absolute majority of the present members; and on parity of votes, the side, in which the chairman takes part, shall be preponderated.

Article 23:

The governor, or who takes his place – in case of necessity – shall attend the meetings of the local popular council; also they shall be attended by the heads of departments, and local units, chairmen of public authorities, from those whose competences are connected with the matters submitted to the council.

Article 24:

Members of the People‘s Assembly in the governorate are entitled to attend the meetings of the popular council of the governorate, and to participate in their discussions; and they (will) have the right to submit proposals, questions, and requests for acknowledgement without having countable votes in taking resolutions.

This shall be without prejudice to their right to practice control over the work of the executive authority in the manner stated in the Constitution.