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Act 57 Of 1980 Regulating The Profession Of Agricultural Engineering

Original Language Title: قانون 57 لعام 1980 تنظيم مهنة الهندسة الزراعية

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Act 57 of 1980 regulating the profession of agricultural engineering


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Act No. 57 /057 of 1980
Date-birth: 1980-09-13 History-Hjri: 1400-11-04
Published as: 1980-09-13
Section: A law.

Information on this Act:
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Act 57 of 1980
Organization of the agricultural engineering profession

President

Based on the Constitution

As approved by the People's Assembly at its meeting held at the date of 10-5-1400 A.H., 26-3-1980,

The following are issued:

Section I

Chapter I

Organization of the agricultural engineering profession

Article 1 The profession of agricultural engineering is the art of optimizing the use of agricultural natural resources and using them on scientific bases with the best productive means in order to put them in the service of the development of society. It works to achieve economic and social objectives that contribute effectively to the building of socialist Arab society. and its continued development.

Article 2 In the Syrian Republic, a professional union of agricultural engineers based in the city of Damascus has branches in the rest of the governorates, which sets out the rules of procedure of the union as to how it can be created, its powers and its organizational structure.

Article 3 The Union has legal personality, financial and administrative independence and is governed by this law and is a member of the Union of Arab Agricultural Engineers and in unions of professional trade unions.

Article 4. The Agricultural Engineers Association works to achieve the following objectives:

  • To contribute to the development of the agricultural sector in the Syrian Arab Republic by participating in the competent bodies and councils and formulating recommendations and suggestions for solving the problems afflicting the Syrian Arab countryside.
  • Cooperation with grassroots organizations and trade unions in order to develop the Syrian Arab country in all fields and contribute to its growth and progress with a view to achieving the unified Arab socialist society.
  • To raise the agricultural engineering profession, enhance its scientific and practical level, and emphasize its role in developing the agricultural sector and contribute to the construction of modern agriculture that secures the needs of developing the country economically and socially.
  • Mobilize the forces of union members, organize their efforts and mobilize and use them in a way that achieves the greatest benefit for the national economy.
  • To take care of the interests of its members, care for their affairs, preserve their dignity and defend their rights and work to improve their material and moral conditions within the limits of the laws and regulations in force.
  • To contribute to curriculum planning in agricultural colleges and institutes to serve their development and meet the basic needs of development plans in the country.
  • To organize the exchange of scientific information and views through the publication of agricultural scientific studies and literature.
  • Establishment of conferences, symposiums and scientific lectures on agriculture and participation, including in the Arab Republic of Syria and beyond.
  • Cooperation with agricultural, Arab and international agricultural organizations in all matters related to the agricultural engineering profession
  • To support the public sector, agricultural cooperation and agricultural chambers by raising awareness and encouraging members to work in them and to develop studies and proposals necessary to solve the problems that impede their development.
  • Exercise of popular oversight of the machinery operating in the agricultural sector and control of bureaucracy
  • Promote succession initiatives, scientific talent and competencies among members and build them in order to develop and maintain them.

Article 5. The guild does all work that meets its objectives set forth in the preceding article within the limits of the laws and regulations in force and in particular.

  • The possession of movable and immovable property and the employment of its funds in conditions established by the Union Council.
  • To work for the establishment of cooperatives and residential and saving funds in accordance with the provisions of laws and regulations in force.
  • Publications, scientific, cultural and agricultural extension journals.

Article 6

A union has the right to sue in the name of its members, groups and individuals in any profession related to the practice of the profession unless the member wishes otherwise.

b. A union is entitled to follow suit after the death of a member unless the heirs wish otherwise.

Chapter II:

Agricultural engineering profession and its provisions

Article 7 It is considered an agricultural engineer in the rule of this law and enjoys all the rights of the rest of the engineering specialties, everyone who obtained a Syrian university agricultural degree or equivalent to the fact that the university study does not last for four years, provided it is equivalent to the equivalent of a commission, which is equivalent to the certificates, and specifies that The rules of procedure of the trade union for the profession of agricultural engineering.

Article-8 No one may pursue the occupation of agricultural engineering in the territory of the Syrian Arab Republic, whether in the free business, governmental interests, public or private institutions or the public sector unless it is registered in this union.

Article-9 Non-union members may not be mandated to carry out the work of agricultural expertise before the courts in all areas of public sector.

Article 10 No one may take the title of an agricultural engineer who did not have a university agricultural degree in accordance with the provisions of article VII of this Law.

Article 11 An agricultural engineer is prohibited from doing a job incompatible with the dignity of the profession or the interest of the country.

-Article 12. Arab agricultural engineers residing in the Syrian Arab Republic may join the union after fulfilling their obligations.

-Article 13. When local agricultural engineering expertise provides, the competent minister may stipulate in the books of special conditions that foreign bodies carrying out agricultural studies and the implementation of state-owned enterprises should be required to use a Syrian Arab agricultural engineer or more in the study and implementation processes.

Article 14. The rules of procedure of the trade union define the artistic work related to the agricultural engineering profession. The Minister of Agriculture and Agrarian Reform issues the necessary decisions to determine the wages that the agricultural engineer deserves for doing so after the approval of the union council and the union applies these wages when there is no written agreement or a dispute.

Chapter III

Register in guild

Article-15. A person who wishes to register his name in the union table is required to:

a. The nationality of the Syrian Arab Republic or those to which the provisions of article 12 of this Law apply.

b. The title of an agricultural engineer and whose provisions are applicable to them.

c. Ungoverned by a criminal penalty or misdemeanor contrary to the duties of the profession.

-Article 16.

  • The registration application shall be submitted to the Union Board with the affiliation fee and documents proving the conditions set forth in the preceding article and the Board decides to accept the application or to refuse it to state the reasons for rejection of the decision.
  • A request for registration may be rejected by an objection to the decision of refusal within the 30 days following the date that he was notified before the Primitive Court of the State in which he or she resides.

-Article 17. The agricultural engineer before the Union Council or the Council of the Branch performs the following section:

??? I swear to God, to do my job with honesty and honor, to preserve the dignity of the profession and to respect its systems and to work hard in the service of the public interest."

Part two.

Organizational structure and equipment

Chapter I. General Conference

Article-18 The General Conference of the Union is the highest authority in which it consists of the Captain, members of the Union Council, presidents and board members of the branches and elected members of each branch, and the rules of procedure of the union define the basis and ratios of the representation of the branches and the method of electing the members of the General Conference.

-Article 19. The General Conference shall exercise the following functions:

  • Election of Captain and Union Council members.
  • The approval of central regulations, the rules of procedure, the financial system and the regulations of the profession.
  • Withdraw confidence from the Captain or from the union council or one of its members in accordance with article 35 of this Law.
  • The discussion and approval of the annual report of the Syndicate Board and the endorsement of the final account for the following year after viewing the report of the Inspector of Accounts and approving the budget for the next year proposed by the Union Council.
  • Appointment of an account inspector for the syndicate and its funds.
  • Consideration of other topics on the agenda that do not fall within the competence of another reference in the guild.

-Article 20. The General Conference shall meet annually at a regular session, to be scheduled in the rules of procedure of the union at the invitation of the captain based on the decision of the Union Council to discuss matters on its agenda.

Article 21. The General Conference shall meet exceptionally at the invitation of the Captain on the basis of the decision of the Union Council or at the written request of at least one quarter of its members, to be determined in the resolution or request for the purpose of the invitation.

-Article 22. The Captain chairs the meetings of the General Conference of the Union. His deputy, in the event of his absence, is the secretary general and the oldest members of the General Conference present.

-Article 23. The meetings of the General Conference shall be considered lawful only in the presence of the absolute majority of its members. If the majority in question is not available for the second time within two weeks of the date of the second meeting, no matter how many are present.

-Article 24. Decisions of the General Conference shall be taken by the majority of those present and if the votes shall be the most likely of the President.

Article 25 The elected member of the General Conference is required to have a career of no less than five years.

Article 26. The rules of procedure of the General Conference shall be determined by the rules of procedure of the General Conference for consideration at ordinary and extraordinary meetings.

Chapter II

Union Council

-Article 27. The union is responsible for a council of:

  • The captain is elected from among the members registered in the union, provided that he does not meet for ten years and is not elected for more than two consecutive sessions.
  • Eight members are enrolled in the union whose term is not less than seven years and none have been elected for more than three consecutive sessions.

Article 28 The Union Council distributes to its members the functions specified in the rules of procedure.

Article 29. The term of the election cycle is four years.

Article 30. The captain, based on the decision of the Union Council, calls on the General Conference to convene during the first quarter of the year in which the election cycle ends, not the election of the new union council.

Article 31. The rules of procedure shall set out the rules for the nomination and election of the captain, the members of the union and the way they exercise their powers

Article 32. The Bar Council shall consider the matters entrusted to it under the provisions of this Law, in particular the following matters:

  • To invite the General Conference and to implement its resolutions and recommendations.
  • To coordinate the activities of the Council of branches and to supervise its work and ensure that it does its work within the limits of its legal powers and the issuing of instructions and applicable directives.
  • In cases determined by the rules of procedure, the Council shall resolve to be elected instead within two weeks at most of its dissolution.
  • To implement all that will raise the level of the agricultural engineering profession, enhance its scientific level and strengthen the technical, cultural and social ties between members in accordance with the provisions of this law.
  • Consideration of cases involving the granting of remuneration and compensation to the relevant members or staff of the union, exemption from fees for members whose circumstances require such conditions and the imposition of disciplinary sanctions against the members who fall short.
  • Naming the trade union, professional and scientific committees required by the Association's work to decide on its decisions and put them into effect.
  • To preserve the foundations of the union and to carry out the surveillance that is in its interest and to defend its rights and dignity.
  • The resolution of disputes between union members and the settlement of disputes between them and others.
  • The issuance of regulations on control following their approval of assets.
  • Preparation of a project for managing the syndicate's funds and investments and the draft annual budget, monitoring its implementation and naming the inspectors of the syndicate's branches and determining their compensation.
  • Report of the holding of seminars and agricultural scientific lecturers and participation in conferences and symposiums called by the Association and the designation of its representatives.
  • Take decisions in all matters related to the administration of work in the guild and implement its objectives which do not fall within the powers of the General Conference and other councils.

-Article 33. The meetings of the Union Council shall be legal only in the presence of the captain or his deputy and the majority of its members. Decisions shall be issued by the majority of the votes of those present and if the votes are heard, the presiding officer is likely to take the floor.

Article 34.

  • The Syndicate Captain represents the Syndicate, implements the decisions of the General Conference and the Syndicate Council, and signs contracts and has the right to litigation in the name of the union.
  • The captain, in the absence of him and the captain, has the right to delegate his deputy with some of his powers.

Article 35. The General Conference shall be entitled to withdraw confidence from the Captain or the Syndicate Council or from one of its members upon the request of at least one third of the members of the Conference. The trust shall be withdrawn by a majority of two thirds of the members of the Conference present and the request for withdrawal of the trust shall be deemed invalid if two thirds of the members of the General Conference do not attend. Special meetings held for that purpose.

Article 36. The Syndicate Council may request the discharge of the Captain and a number of its members, not more than five and a number of branch boards, not more than two in each branch, and the ministries in which they work, and continue to pay the salaries of the full-time members and their full compensation and retention for all of them. Their functional rights and full-time workers receive compensation from the union's budget, which they lose as a result of their sabbatical, as well as compensation for the representation set out in the internal system of the union.

Article 37. If the captain resigns or is unable to carry out his duties, his deputy will be acting on his behalf until a new captain is elected at the first meeting of the General Conference.

Chapter III.

Article 38 A union branch is taking place in each of the country's governorates. The union membership exceeds 100 members.

-Article 39. Child organs consist of:

  • The branch's body includes all agricultural engineers working in the province who are registered in the syndicate who paid their fees to the union and its funds.
  • The Council of the Branch consists of a President and four elected members by the subsidiary body and the branch council distributes the functions specified in the rules of procedure to its members.

-Article 40. The term of the election cycle of the Branch shall be four years.

Article 41. The General Authority of the Branch shall have the following powers and functions:

  • Election of the President, members of the Council of the Branch and of members of the General Conference who are not less than five years of the term of office.
  • To discuss and believe the final account of the branch's budget for the year ending and to propose the new budget for the branch and submit it to the Union Council for approval.
  • Withdraw confidence from the head of the branch or from one or more of the members of the branch council.
  • To study the agricultural situation in the province and propose the foundations of its development.
  • To study the working mechanism of agricultural machinery and to propose the foundations for improving its technical and administrative efficiency.
  • To study and propose recommendations for reports to be submitted by the Bar Council or the Council of the Branch.

Article 42. The meetings of the branch of the branch are legal only in the presence of the absolute majority of the registered agricultural engineers in the branch and the outstanding for all their financial commitments to the union and its funds. If such a majority is not available, the call for a meeting will be held within fifteen days of the first meeting. The session of the branch of the branch shall be held legally at this meeting, whatever the number of attendees, and the decisions of the subsidiary body shall be made by the absolute majority of the attendees and in the event that the votes of the presiding member are equal to the chair.

-Article 43. The subsidiary body shall meet during an annual regular session determined by the rules of procedure of the union at the invitation of the President of the Branch on the basis of the decision of the Council of the Branch to consider the matters set out in its agenda, as exceptionally it meets at the invitation of the Union Council, the Branch Council, or upon written request submitted by one third of the members of the Board Branch.

Article 44. The subsidiary body, chaired by the head of the branch, meets with its deputy and the secretary general and the oldest member present.

Article 45 The head of the branch represents the syndicate branch and chairs its board and the meetings of its body, implements the decisions and signs the contracts approved by the branch council and ratified the union's Males and has the right to litigation in the name of the branch and deputites his deputy in the event of his absence.

Article 46. If the head of the branch becomes vacant or unable to do so, his/her deputy will be acting on behalf of his/her deputy until a new President is elected.

Article 47. The branch council may propose to form a sub-committee for agricultural engineers who work in the administrative area if the number of agricultural engineers is increased from 25 agricultural engineers, the union council has the right to approve or not, and the rules of procedure of the union define the powers of the committee and the basis of its formation and the way it is appointed.

Section III. Rights, duties and discipline of agricultural engineers

Chapter I

Article 48. The syndicate supervises the agricultural engineers enrolled in their schedules and directs them wherever they are found and the agricultural engineer is linked to his union in all regards to the profession of rights and duties.

Article 49. An agricultural engineer may not do a job that is incompatible with the dignity of the profession and does not accept the exercise of his profession in any way that is contrary to the laws and regulations in force and shall refrain from any failure to prove his or her safety and artistic health or if its implementation leads to general harm.

-Article 50. Agricultural engineers working in state bodies and the public sector in charge of duties from the union are considered to be on an official mission during the period of carrying out these tasks after the approval of their employees and for such bodies to be able to compensate for their transfer.

Article 51. The public sector bodies are required to assign the agricultural engineer to work in accordance with his primary competence.

Article 52. The agricultural engineer shall have all the rights granted to the rest of the engineering terms of reference under the laws and regulations in force and the duties imposed upon them.

Article -53. Agricultural engineers have to pay their obligations to the union directly and the branch council may request the collection of such commitments from the public bodies, who work union members, and those who hold their salaries, compensate them, and convert them to the union as assets.

Chapter II. Resolving differences

Article -54.

  • Agricultural engineers must seek to resolve their differences between them and employers in friendly ways.
  • The agricultural engineer should resort to the branch council which has been in dispute in his region to resolve the professional differences that lie between them in friendly ways and if the disagreement in the branch council cannot be resolved if the parties wish to dissolve the union council.

Article 55. A union member must return to the employer upon request all documents of his or her papers, and the member may extract official photographs of them to support his applications to return their expenses to his opponent if the decision or judgment is issued for his or her interest.

Article -56. The possible disciplinary penalties for agricultural engineers shall be categorized by decision of the Union Council as follows:

  1. Alert.
  2. The alarm.
  3. Stop practicing.
  4. Chapter.

Article -57. The Branch Council imposes the penalty penalty in the following cases:

  1. When the member fails to perform the scheduled alert penalty for the system.
  2. When a member violates union decisions.
  3. When a member refuses to participate in the activities of union committees.
  4. When he misacts to one of his colleagues, he misrelates to the profession.

Article 58 The Council of the Branch shall impose the warning penalty if the member repeats the caveat requiring the alert.

Article -59. The Bar Council shall impose the penalty of depriving the member of the profession for a maximum of two years in case of repeated violations and exhaustion of light penalties upon the basis of a reasoned proposal by the Branch Council.

-Article 60. The Union Council imposes on the majority of the two cases the penalty of dismissal from the union on the proposal of the branch council or directly in the two cases:

1. If the member feared the syndicate's objectives were a serious offence by working, block or publishing to modify or conspire against the targets or to undermine the faith of colleagues. Their engineers or the promotion of counter targets with intent to perpetuate the guild.

2. If the internal member breaches a serious breach or failure to perform his or her professional duty, the result of such failure is the injury of the body or the dignity of the profession.

-Article 61. In all cases in which the dismissal is required, the member must be invited to stand before a disciplinary board formed by the Union Council by decision after being notified of what is attributable to him in a guaranteed book with a notice-and if the member fails to appear before the branch without an acceptable excuse, he may be tried in absentia.

-Article 62. The decisions of the Bar Council are subject to challenge before the Court of Cassation according to the assets

-Article 63. No penalty shall be taken until after investigation.

-Article-64. Reservation an image from the punishment in the self-serving member of his official circle.

-Article 65. The member shall continue to be punished by any other penalty for the payment of union fees, subscriptions and others.

-Article 66. The decision to separate the acquired rights of the member does not affect the position of the State with the exception of the determination of the compensations associated with the agricultural engineering profession.

-Article 67. If he got his name removed from the syndicate's tables on documents proving his innocence, he may ask the union council to reconsider what was attributed to him.

-Article 68. If the union member is entitled to a felony or misdemeanor related to his profession, the prosecutor or the investigating judge must inform the head of the branch immediately prior to the investigation and to the branch sergeant or his or her assignment from members of the union council or the branch council to attend the investigation.

Section IV

Financial provisions

-Article-69. The union and its branches have an annual discretionary budget and a closing account, and the calendar year is considered the fiscal year of the union's budget.

Article -70. The Syndicate Council shall draft the budget for the coming year before the annual meeting of the General Conference and offers it for ratification. If exceptional circumstances prevent the General Conference meeting, a monthly budget is being paid in a decimal place, with the ratio of the previous year's budget figures to the approval of the budget. The budget may be adjusted if necessary during the financial year, depending on the established status of its status.

Article 71 -Union imports consist of:

  • Registration fees, re-registration and annual subscriptions.
  • donations and donations that the Minister of Agriculture and Agrarian Reform agrees to accept.
  • A quarter of the compensation of agricultural expertise to the judiciary or to any other official union charged by union members and the organization of how they are met by the Ministry of Finance.
  • Union resources arising from the exercise of its work.
  • A percentage of the compensation of agricultural quarantine lists and fines for forestry offences set out in the Code of Forestry and its amendments.
  • Share of imports of agricultural chambers.

The resources mentioned in paragraphs A, above, are determined by decision of the Minister of Agriculture and Agrarian Reform.

Article -72 Union expenditures consist of:

  • Public and private administration expenditures.
  • Subsidies and compensation awarded in accordance with the provisions of this Law and the Rules of Procedure.

Section V

Different provisions

Article -73. The Union Rules of Procedure are issued by the Minister of Agriculture and Agrarian Reform on the basis of the proposal of the Union Council and the approval of the General Conference.

Article -74 The captain, based on the decision of the Union Council, issued the election instructions according to what is set out in this law and the union council delegation is represented to supervise the election processes in the branch.

Article 75. The Minister of Agriculture and Agrarian Reform, or one third of the members of the General Conference, is entitled to challenge the validity of the General Conference or the outcome of its elections before the Civil Chamber of the Court of Cassation in Damascus within fifteen days of the date of the elections, and the Court decides to appeal against a decision concluded and may be made by all of them. The Minister of Agriculture and Agrarian Reform, or one third of the members of the branch, appeals against the validity of the branch bench before the Civil Appeal Court.

Article -76. If the Court, referred to in the preceding article, approved the appeal against the validity of the holding of the General Conference or the subsidiary bodies whose decisions were invalated by the validity of the election, the contested election had been recalled within 30 days of the date of the appeal.

Article 77 Upon the entry into force of this Act, registered members of the Agricultural Engineers Association shall be considered to be a union and have a reservation in respect of their acquired rights and shall continue to perform their obligations.

Article -78. A retirement fund for its members will determine how to form its capital, finance, management, investment and conditions for the allocation of pensions, compensation and subsidies by law to effect it based on the decision of the General Conference of the Trade Union.

Article -79. The term of the Association Council, which is based on the operation of this law with the branch councils, will continue until the elections are called according to the provisions of this law, with this task to be completed within six months of the date of its operation.

-Article 80. The Minister of Agriculture and Agrarian Reform would delegate the issuance of the first rules of procedure of the union on the basis of the proposal of the Union Council and the approval of the existing branch councils and should submit such a system to the General Conference in its first session for consideration and approval.

Article 81. The proceeds of the existing agricultural trade union's assets will be transferred to the syndicate under its provisions, and the Association Council and the branch councils continue to collect the obligations of the members.

Article 82. The Minister of Agriculture and Agrarian Reform, in agreement with the Union Council, will issue the necessary explanatory instructions for the implementation of this law.

-Article 83. All provisions in contravention of the texts of this Act are repealed.

Article 84. This law is published in the Official Journal.

Damascus at 4.1.11400 A.H. 13-9-1980

President

Hafez al-Assad

mz












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