Act 23 Of The 2005 Law Of The Closet Retired Engineers In The Syrian Arab Republic

Original Language Title: القانون 23 لعام 2005 قانون خزانة تقاعد المهندسين في الجمهورية العربية السورية

Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=16115&RID=-1&Last=10058&First=0&CurrentPage=11&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

Law 23 of 2005

Closet Act retired engineers in the Syrian Arab Republic



President of the Republic based on the provisions of the Constitution.

And approved by the People's Assembly in its meeting held on 05/10/1426 AH corresponding to 16/06/2005 AD.

Issued the following:



First chapter definitions and objectives

Article 1

Definitions: The following expressions are intended meaning set out along with all of them:

A union: Engineers Association in the Syrian Arab Republic.

B Treasury: Treasury retired engineers.

C law: the law of the closet retired engineers in the Syrian Arab Republic.

D General Conference: the General Conference of the closet.

E Board: the treasury management.

F retired engineer: Engineer shops to retire under the provisions of this law. G. maturity owners: the family of the deceased engineer who deserve a pension or compensation in accordance with the provisions of this law.

H full pension: the monthly amount is determined by the General Conference of the engineer, retired after practicing engineering for thirty years in the private engineering work.
Article 2


Retirement Treasury aims to achieve pensions and compensation and benefits for engineers in accordance with the provisions of this law.
Article 3


Retirement Treasury has legal personality represented by the Chairman of the Board or on behalf of a legal face.
Chapter II


Management Alkhozanh- General Conference
Article 4


Board of Directors and members of the oversight committee in the previous session of the General Conference of the Treasury of the members of the General Conference of the union members made up.
Article 5


A specialized conference a year as follows:

1- approve the general policy of the closet and to ensure its implementation, especially in the field of investment funds. 2. Adoption of the rules of procedure and financial accounting of the Treasury and the system, and the system of investment funds and regulations issued by the Minister of Housing and Construction.

3- Election of Board of Directors, and determine the number of full-time from it.

4- election oversight committee.

5. discuss the annual report on the work of the Board of Directors during the past year and approval.

6- discuss the work of the Board of Directors for the following year plan and approval.

7. ratify the final accounts for the year elapsed, after reviewing the auditor's report and the report of the Oversight Committee.

8. discuss the proposed board of directors of the estimated budget for the following year and approval.

9- assign inspectors legal accounts.

10. determine the fees and fines for engineers and set forth in paragraphs (a) and (b) and (c) and (d) and (f) of Article 16 of this Law, and revenue pensions provided for in paragraph (c ) of Article 54 of this law.

11. determine the minimum pension revenues stipulated in paragraph (d) of Article 46 of this Law, which the architect must be supplied to the closet and that each group of private offices specified in the organization of the Engineering Profession Act sets.

12. determine the fines imposed in accordance with the provisions of this law.

13. determine the full pension based on a reasoned proposal from the Board of Directors.


14. withdraw confidence from the board of directors or one of its members and of the Oversight Committee or one of its members in accordance with the provisions of the withdrawal of confidence from the members of the Bar Council stipulated in the organization of the Engineering Profession Act.

Shall issue a chairman of the board resolutions of the General Conference, and following the implementation by the Board of Directors and boards of trade union branches.
Article 6


General Conference of the closet meet in the dates of the meetings of the General Conference of the union, and in accordance with the provisions of the law regulating the profession of engineering in the Syrian Arab Republic.
Article 7


Headed by Chairman of the Board meetings of the General Conference of the Treasury or the Secretary of the Treasury in the event of his absence and older board members are not from the audience.
The Board of Directors

Article
8

A. The Treasury Department of the Board of Management of the author Engineers Association president and six members elected by the General Conference from among its members.

(B) The Board of Directors elected from among its members a secretary and treasurer.

C presides over meetings of the Board Engineers Association, as Chairman of the Board of Directors, and in his absence the secretary chairs the meetings and in the absence Khazen about the older members of the Board are not from the audience.

(D) may not be combined membership of the board of directors and the membership of the Bar Council and a board member of the branches.

E may not renew the membership of the Board of Directors for more than once.
Article 9


May be emptied or the secretary or both Khazen sabbatical entirely paid full-time wages and compensations in accordance with the provisions of the full-time members of the Bar Council stipulated in the organization of the Engineering Profession Act.
Article 10


Applied to the Board of Directors meetings of the Special Provisions meetings of the Association Council provided for in the organization of the Engineering Profession Act.
Article 11


Board of directors manages the treasury business, and respect, according to the provisions of this Act, the following matters:

Shall implement the decisions of the General Conference.

Shall propose the rules of procedure and the financial and accounting system investment and presented to the General Conference.

(C) the collection of money and saved and invested.

D proposal determine the full pension to the General Conference.

E refer the engineer's report on the retirement pension and the liquidation of his rights and the rights of his heirs after him on and off and drop it in accordance with the provisions of this law.

F granting subsidies and determine its amount and in accordance with the provisions of Article 27 of this Law.

G recruit staff for the treasury management business.

H approve the disbursement expenses required by treasury management within the limits of the appropriations in the budget.

I take decisions on all matters relating to the other treasury, and not inconsistent with this law and the resolutions of the General Conference.
Article 12


Determined by the Rules of the Treasury councils branches of the union and its powers treasury functions are also entitled to the Board of Directors delegated some powers of these councils.
Article 13


A- puts the Governing Council in the draft budget each year Treasury for the next year and the final budget for the year elapsed, and Aardhma to the General Conference for discussion and ratification.

(B) If exceptional circumstances prevented without the ratification of the Treasury's budget for the coming year in the collection and spending on the basis of the previous budget the Board of Directors will continue to be the General Conference will meet and approve the budget.

Control Commission

Article 14


Shall be elected by the General Conference at its election oversight committee for the Treasury from among its members consisting of three members.

(B) defines the rules of procedure of the Treasury Oversight Committee functions and powers.

(C) The Board of Directors informed of all decisions to the Oversight Committee, and the Control Commission access to the minutes of board meetings in order to verify the proper application of the provisions of this law and the resolutions of the General Conference right.

(D) of the Control Commission veto over decisions of the Board in accordance with the provisions of this law.

E may not be the membership of the Oversight Committee renewed for more than one session. (F) shall be incompatible with membership of the Oversight Committee and the membership of the Bar Council and the boards of the branches.
Article 15


General Conference can withdraw confidence from the control panel or one of its members in accordance with the provisions of the withdrawal of confidence from the members of the Bar Council stipulated in the organization of the Engineering Profession Act.
Chapter III


Treasury resources
Article 16


Treasury resources consist of:

A registration fee in the closet when recording engineer in the guild.

(B) annual fee.

(C) re-registration fee.

D drawing transmission engineer from branch to another.

E pensions revenue due to the engineers in accordance with the provisions of this law.

F fines imposed pursuant to the provisions of this law.

(G) the proceeds of the treasury funds and investments.

H Grants, subsidies and bequests and endowment approved by the Board of Directors in accordance with the laws and regulations in force.

I decide to aid the General Conference of the union presented from the union treasury fund.

J all other legitimate resources.
Article 17


Have a closet of their own accounting, and restrict their funds on its behalf.
Article 18


Deposited cash and bonds in a bank or more of the approved banks, which had a resolution of the Board of Directors.

Is not permissible to deposit or exchange or drag them only signed Chairman and Khazen together, or from the place of each of them in about his absence.
Article
19

Shall not be disposed of with something the Treasury money only by a decision of the Board of Directors.

(B) may not be the treasurer to keep the accountant or the cashier at more than an upper limit decided by the Board of Directors within the limits of the financial system.
Chapter IV


Extended Practice, pensions, compensation
Article 20


Be the date of enrollment architect of the union affiliation is the history of the closet.
Article 21


Shall be installed periods spent by the engineer to practice the engineering profession and not to object to the installation according to the principles and rules laid down by the rules of procedure of the closet.

Shall be calculated in terms of Practice periods in which the registered engineer in the guild practiced engineering works in the Arab Republic of Syria within the specified system in the practice of the profession fields.

(C) The engineer shall be entitled to enter the following periods in the calculation of extended Practice:

1- duration of the disease, which sits engineer working on not more than three years, and the patient pays her pension Engineer Treasury yields determined by the decision of the General Conference of him.

2- for absences outside the Syrian Arab Republic, the purpose of study or specialization or IFAD official mission not to exceed five years continuous or intermittent, and that supports the necessary supporting documents.


3- Practice extended outside the Syrian Arab Republic in favor supporting documents required. And not more than ten years. The General Conference shall determine the revenue from the pension of the Engineer.

4- for practicing the profession in the past, the Syrian Arab Republic to get the engineer on the nationality of the Syrian Arab Republic in order to engineer which they apply the provisions of subsection (4) of paragraph (a) of Article 24 of this Law defines the General Conference resolution thereof revenue pensions unpaid that must be repaid to the engineer.

(D) are not counted in the duration of Practice:

1- how long confined to the income of the engineer in the work is not related to the profession of engineering.

2- periods in which the engineer for work ceased because of judicial or disciplinary rule.
Article 22


Applied to the late engineer for the payment of fees to the locker retirement provisions of the regulation of the engineering profession and regulations relating to trade union window and delay the payment of union dues law.
Article 23


A- The full pension by decision of the General Conference, based on a reasoned proposal from the Board of Directors.

Shall take into account in determining the full pension Treasury budget mode so that the total does not exceed what distract them with the rest of the expenses eighty-five per cent of its resources.

(C) may be a decision of the General Conference of the economy they act for the purposes of investment projects and other purposes determined by the.
Article 24


Shall have the right to ask an engineer to allocate to retire if he meets the following conditions:

1- to be registered in the Engineers' Association.
2-
have already practiced the engineering profession for at least thirty years continuous or intermittent, or completed the sixty-fifth birthday.
3-
be putting the fees incurred by him for the Order of Engineers and the Treasury all periods practicing accepted engineering in the retirement account.
4-
should have been on the enjoyment of the nationality of the Syrian Arab Republic fifteen years.

B referred to the engineer on the retirement decision of the Board which determines the date of the referral and the amount of pension or compensation in accordance with the provisions of this law.
Article 25


Worth Engineers Mahalon on retirement pensions, compensation as follows:

(A) Subject to the provisions of Article 26 of this Law deserves a full pension from completed thirty years of practice in accordance with the provisions of this law.

(B) If the engineer was practicing the profession for at least fifteen years without thirtieth worth monthly pension equivalent to a part of the thirtieth part of a full pension, multiplied by the number of years of practiced the profession.

C worth engineer called retirement on reaching the age of sixty before completing fifteen years in the practice of the profession in compensation equivalent to the full monthly pension multiplied by the number of years of practiced the profession.

(D) gives the engineer assigned to retire after this law, which practiced the profession for increased thirty years, and earned pension full pension a month for each additional year practicing, and a maximum of no more than five years into force.
Article
26


Shall determine pension engineer who retires after the entry into force of this law from one of the public entities which receive a pension or a lump sum in compensation from the state treasury on the basis of reducing the duration of Practice, which earns her engineer this pension or compensation increased by fifty percent for the duration of the incident before Practice the entry into force of this law, and by twenty-five percent for a period of practicing the profession, located after the entry into force of this law.

(B) If the engineer service included two different types of situations from practicing the profession which apply to him more of a substance from the provisions of this law, calculates the pension due to him on the basis of the collection of pension due portions of each of the cases mentioned in accordance with the provisions of the related materials.
Article 27


If a registered engineer in the guild suffered disability or illness, or exposure to an emergency stop him from practicing the profession for a temporary period of the right of the Governing Council, based on a study of his material, that gives him a monthly allowance does not exceed the pension full pension for a period of up to one year, can be renewed for another year , take into account the application of this article the provisions of paragraph (a) of Article 26 of this law.
Article 28


Shall be entitled recorded in the guild for the engineer to request forwarded to retire for health reasons if hit by disability or illness, or exposure to an emergency and became unable to practice the profession altogether. (B) Subject to the provisions of Article 26 of this Law deserves engineer assigned to retire in accordance with the provisions of paragraph (a) above of this article for each year of practicing a pension equivalent to one part of the thirtieth part of a full pension. And subject to a minimum pension which is devoted to him about half full pension.

(C) If the health led the cause to death, or if the engineer died after being retired for health reasons conveys allocated pension under the provisions of this article to entitlement holders in accordance with the provisions of this law.
Article 29


Shall prove the final deficit to practice the profession of the report of the specialized medical committee appointed by the Board of Directors depending on the type of disability or illness.

B restated retired engineer under the provisions of Article 28 of this Law, the Medical Committee annually, for five consecutive years to confirm the continuation of the final deficit.
Article 30


Rules of procedure determines the foundations and conditions of retirement and the date of the start of the pension entitlement. In the case of death shall start the due date of the date of death, and in the case of the final deficit from the date of occurrence.
Article 31


A written engineers Referred names on the retirement of engineers working schedule and sign up for retired engineers agenda.

Shall not retired engineer may practice the profession of engineering with the exception of:

1- Scientific & Engineering Consultants spin-off, which is called to it by the public authorities.

2- Scientific & Engineering Consultants offs that are invited from private and joint sectors and his colleagues, this is done with the written consent of the Board of Directors based on a proposal from the Council of the union branch that has followed him Eng.

3- exercise of the engineer assigned to the retirement of the engineering profession does not shift outside the territory of the Syrian Arab Republic to charge his pension, provided that the calculation of this period within the extended Practice.
Article 32



Taking into account the provisions of paragraph (b) of Article 31 goes a pension for a retired engineer who is an engineering job earns him of any kind in the state or in public or private institutions paid to be separated from his work.
Article 33


Rights of personal pensions and grants recipe Mashah may not be waived for one, and prevents legitimate booked only reimbursement for expenses required for retirement or a closet or the union, within the limits of the legal reserve ratios in the wages of workers in the state.
Article 34


Monthly pension of the Treasury over five years out of date, not to claim them from the date of maturity.
Chapter V


Pensions, compensation and loss transfer
Article 35


Mobility of pension rights to be allocated for the engineer under the provisions of this law after his death to the entitlement holders, as follows:

1- husband or wife or wives.

2- boys who have not completed twenty years of age or older who have completed these did not exceed twenty-seventh, and are still pursuing educational attainment actually without interruption.

3- males who are over the age of twenty people with illness or disability prevents them from earning the boys, and their status is verified annually.

4- unmarried daughters, widows and divorced or abandoned by judicial order does not entail forsook him alimony to the husband to the wife.

5- may exceptionally parents and sisters unmarried, widows and divorced women or abandoned within the meaning of item 4 (Advanced) and deprived of adequate livelihoods of subsistence to claim their share of the pension of the deceased the deceased, provided that the parents another boy is able to spend on them is not sisters brother or guardian is capable of spending on them, and can be legally compelled to Baaalthn.
Article 36


The Board of Directors shall verify the fulfillment of the conditions referred to in the previous article in ways that it deems appropriate in compliance with the civil status records.

B prove illness or infirmity set forth in Item 3 of the previous article the testimony of the medical committee composed under paragraph (a) of Article 29 of this Law.
Article 37


Taking into account the provisions of Article 35 of this Law distributes 90 percent of the pension he was receiving the engineer of the deceased, or who was it deserves if it were liquidated in the next day of his death on the rights-holders in accordance with the provisions of this law, equal shares to be allocated one share each and every one of the boys, male or female, and Hstan husband or wife or wives whatever their number, and the share of one of the sisters, whatever their number, and the share of one of the parents, and are distributed per share equally between the partners, and be ten percentage percent remaining birthright of the closet.
Article
38

If the engineer does not deserve the deceased's pension is distributed over the entire compensation entitlement holders who deserves if were liquidated in the next day of his death, according to quotas set in the previous Article 37.
Article 39


A cut of pension accrual for any of the owners at the loss of one of assessments for the grant conditions, and would be returned this right when the demise of lost causes.


B pension cuts wife's final when she marries, and distributes pension which were charged to beneficiaries of the children of the deceased engineer under the provisions of this law.

C cut pension due completely to the mother when she marries, and distributes pension which has been charged by the grandchildren, the children of the deceased engineer eligible.

D cut pension daughters and sisters when they got married, and returned to them if they became widowed or divorced or deserted by a court judgment does not entail forsook him alimony to the husband to the wife. If you were married until the death of the engineer did not benefit from his pension and then become widowed or divorced or deserted within the meaning of this article Viattiyn their share of the pension after the re-distributed according to the provisions of this law.
Article 40


If one died, the owners of Merit Down entire stake and become the birthright of the Treasury, with the exception of the pair quotas and wife, mother and father that are redistributed to eligible children of the deceased engineer in accordance with the provisions of this law.
Article 41


May combine Mashan Tqaeidian worthy of the Treasury under the provisions of this law, but the owners of the right of Merit their share of them together on the total does not exceed what is received by one of them owed full pension to engineer one, taking into account the provisions of Article 26 of this Law.
Article 42


Shops benefit at retirement and the owners of Merit after his death all the increase that may occur on a pension for engineers.
Article 43


A- engineer loses his rights pensions in the following cases:

1- If stripped of the nationality of the Syrian Arab Republic.

2- If he was banned from practicing the profession altogether.

B move pension rights in cases Almadd in paragraph (a) of this article to entitlement holders as if the engineer died.
Chapter VI


Review methods
Article 44


A. Drain pension rights and decides grants based on a written application submitted to the Board by the union branch, stating the caller name and surname, place of residence, and accompanied by supporting documents determined by the rules of procedure of the closet that.

(B) the Board of Directors to decide on the request made to it within two months from the date of receipt, and may decide to extend this period if required by investigations carried out by that a decision to extend to the caller, and may not be an extension of more than two months and lasts longer acceptable demand If the period of the said period the Council did not decide it.

(C) of the Control Commission or the victim of the final decision of the Council express or imply that objected to by the Governing Council within thirty days from the date of notification. In case of rejection of the objection he is entitled to appeal the decision before the Court of Appeal.

Chapter VII

Engineering revenue stamps and pensions
Article 45


Shall be imposed on the engineers for the benefit of the Treasury geometric stamp duties on behalf of pension revenues, and satisfy the demonization engineering stamps.

(B) The Board of Directors under the supervision of the Ministry of Finance and in accordance with established rules have stamps on the preparation of the classification and determine the form and the value and quantity of stamps engineering and printed.


C not for non-payers of the Board of Directors may sell these stamps, except under a license issued by a meeting of revenues 2% of the value of the stamps of Engineering, the rules of procedure of the Treasury determines how to organize and collect the fee stamps Engineering established in this law.

D affixed stamps engineering and nullify the complete date (day, month, year) or ink stamp or sign it, and if the revocation deals with several stamps must be clear so that it is impossible to re-use these stamps. The revocation must exceed the limits of nature or stamps affixed.
Article 46


Shall be affixed engineering stamp on the following documents:

1- engineering projects and reports, engineering and technical on different except for projects prepared by one of the public entities for their own benefit or for the benefit of other public bodies, and not inconsistent with its creation laws, pasted on one Msouradtha geometric character by 6% (six percent), according to the fees agreed by the same percentage and applied to what is received by the engineer in the expertise and arbitration.

2- works and maintenance contracts and procurement engineering concluded with the public authorities and the public sector, joint and cooperative and private, to affix a stamp to copy a geometric rate of 0.003 (three thousand) of its value. An exception is the work prepared by one of the public entities for their own benefit or for the benefit of other public entities.

3- ratification by each certificate or a report or document provided by guild member to the competent authorities, and every complaint of the union, affix them a geometric character worth twenty-five Syrian pounds.

4- requests estimating fees, affix the geometric nature of 3% (three percent) of the amount requested appreciation.

5. contracts for work and business units, professional engineering university in the Syrian Arab Republic, affix a copy of the contract or photographers by 2% (two percent) of the value of contracts and business.

B exceeded a value of stamps Engineering SP 500 (five hundred LS) are affixed stamps in the amount of five hundred engineering LS and met the rest under official receipts, and write down next to the stamps affixed to the completed amount and receipt number and date.

C counting in the rule of engineers for the provisions of this article all businesses and offices that practice engineering in the Syrian Arab Republic, whether this practice whether through study or scrutiny or enforcement or supervision or supply.

D General Conference determines the revenues of the pension engineers for acts practiced in the private sector and which are not subject to ratification by the union.
Article 47


Paid worker in the state or the user or agent, or the agent under a contract with the state or public institutions to the Treasury an amount of 4.5% Engineer (four and a half percent) of the entire remuneration of wages and allowance fees and compensation except compensation transition and representation and bonuses and productivity incentives and compensation family and prize competitions.
Chapter VIII


Supporters implementation
Article 48



Refrain to all workers in public agencies and the public sector, joint and cooperative and private sectors to accept transactions or statements or documents related receivables and business mentioned in Article 46 of this Act unless the sticker on stamps planned for the benefit of the Treasury Engineering Exchange.
Article 49


Punishable offenses stamps engineering the following fines:

A sale of stamps without a license: a fine of 1000 SP and the confiscation of stamps from the holder for the benefit of retirement closet.

B stamps sale prices exceed the prices listed where: a fine of five hundred thousand Syrian pounds, and in case of repeated violation of the license violator withdraw definitively addition to the fine mentioned.

(C) non-stick stamps glued or minus character or not to invalidate the character: a fine equivalent to five times the value of the character or the missing part of it to be a minimum five hundred Syrian pounds.

D glued character or revoked illegally: a fine equal to the value of character poster or rescinds illegally without the need to attach new stamps.
Article 50


Imitates or false or use geometric stamps already use penalties prescribed in the Penal Code.
Article 51


Shall collect the fines that govern the courts in favor of retirement Treasury Department through implementation.

(B) shall be given to the discoverer of the offense's share of 20% (twenty percent) of all the fine paid.
Article 52


Be in charge of engineering and stamps signatories and holders are Mstamloha and workers responsible for leveled when it becomes due jointly and severally responsible for violating the incident to the performance value with fines.
Article 53


Of the Governing Council that one of the workers has commissioned one or engineers to monitor the stick stamps engineering and the use of receipts, according to the provisions of this law. For this person the right to adjust the irregularities and presented to the Board for investigation and follow-up in front of the competent authorities, and that it is in violation of restraint submit it to the Chairman of the Board who shall transmit tuning to the public prosecutor for a legal prosecution against the violator.
Chapter IX


General and transitional provisions
Article 54


Shall be entitled to the engineer who practiced the profession within the Syrian Arab Republic, after receiving a certificate of engineering, before or after the membership of the union included a period of ten years from the Practice to the actual period of Practice that go into the pension account.

Shall have the right to submit an application engineer to take advantage of paragraph (a) of this Article within a period of two years from the date of entry into force of this Act, or the date of registration in the guild if the registration of the later entry into force of this law.

(C) defines the outstanding General Conference of the Treasury revenue pensions that the engineer must be repaid to the Treasury in the case provided for in paragraph (a) preceding each registered engineer in the Personnel Division or the competent offices of the Division, as well as the engineer working outside the Syrian Arab Republic, taking into mind-old engineering and the date of payment.
Article 55


Benefit from the provisions of this law Engineers Palestinian Arabs living in Arab Republic and accepted members of the union and officially registered with the General Authority for Palestinian refugees.

Article 56


A decision of the General Conference may, upon the proposed board of directors as well specific percentages on the charges levied for the benefit of the Treasury in emergency situations and to ensure a balance between imports Treasury obligations on the rate of increase does not exceed 50% of the fees imposed by this law and is subject to the General Conference resolution to increase fees to ratification by the Minister of housing and Construction.
Article 57


Exempt treasury, funds and institutions that take place under the provisions of this law. Commissioning of each financial or tax or insurance or stamp duty or commissioning and financial guarantees and municipal whatsoever.
Article 58


A board of directors and an observer Treasury Alqaiman continue on this law into force in the exercise of their powers for a maximum period of three months, the Board of Directors calls during which the General Conference to adopt the rules of procedure and the financial system and the accounting system and the election of the Board of treasury management and oversight committee in accordance with the provisions of this law.

B mandate expires Board of Directors and Supervisory Committee elected for the first time after the entry into force of this law, the end of the current union election cycle.

(C) continue the rules of procedure and the financial system and the accounting system in force before the issuance of this law in a manner not inconsistent with its provisions.
Article 59


Finished work by Legislative Decree 125 of 1961, as amended, and devolve to the Treasury defined in Article 1 of this law, all the rights and obligations of the updated Treasury Legislative Decree 125 mentioned.
Article 60


This law shall be published in the Official Gazette and shall take effect from the first month following the date of publication.

Damascus on 20/5/1426 AH corresponding to 06/26/2005 AD



President
Bashar al-Assad