Scientific Societies Law No. 5 of 1981, as amended

 

accordance with the amended Scientific Societies Law No. 55 of 1981, which aims to regulate the affairs of scientific societies, provide the requirements for their work, support them, and coordinate their activities.

Scientific Societies Law No. 55 of 1981 (as amended)

Chapter One: Objectives

Article One:

This law aims to regulate the affairs of scientific societies, provide for their operational needs, support them, and coordinate their activities among themselves and with state agencies in all branches of knowledge, ensuring their contribution to scientific advancement that serves the goals and plans of national development.

Article Two (2):

Chapter Two:

Scientific Society

For the purposes of this law, a scientific society is defined as any society established in accordance with its provisions that engages in scientific activity within its field of specialization, such as preparing research and studies, organizing or participating in seminars, meetings, and scientific conferences, collecting and documenting information, exchanging knowledge and experiences, publishing materials, collecting and classifying information on specialists within and outside the country, and all activities that contribute to the advancement and development of the field.

 Article Three:

The founders shall submit an application to establish the association to the Ministry of Higher Education and Scientific Research, accompanied by the association’s bylaws. The number of founders must not be less than ten. The Ministry shall consult with the Supreme Council for Scientific Societies and decide on the application within sixty days of its registration. If no decision is issued within this period, the association shall be considered an established entity governed by law.

  1. If the Court of Cassation issues a decision confirming that the application meets the legal requirements, the association shall be considered an established entity governed by law from the date of the decision.

Article Four:

Membership in the association requires that a member hold at least a bachelor’s degree or its equivalent. Inventors, discoverers, researchers, and distinguished innovators may be exempted from this requirement in accordance with the provisions of the bylaws.

Article Five:

Membership in the association shall terminate in one of the following cases:

  1. Resignation of the member. The resignation shall be effective from the date of its acceptance by the administrative body by a majority vote of its members.
  2. Loss of one of the membership requirements by a decision of the administrative body by a majority vote of its members. The dismissal of a member is subject to the provisions of the association’s bylaws, by a decision of the administrative body with a two-thirds majority of its members. The dismissed member has the right to appeal the dismissal decision to the association’s general assembly within thirty days of being notified of it. The general assembly’s decision in this regard shall be issued in the evening.

Article Six:

  1. The association acquires legal personality upon its registration with the Ministry.
  1. The association may own funds and real estate to achieve its objectives.

Article Seven:

  1. The association’s general assembly consists of members who have paid their dues.
  2. A ​​quorum is considered met by the presence of a majority of the association’s general assembly members. If a quorum is not met, the meeting shall be postponed for one week, and a quorum shall be considered met regardless of the number of members present.

Amended by the first amendment to the Scientific Societies Law No. 68 of 1987.

  1. Decisions are made by a majority vote of those present. In case of a tie, the president’s vote shall prevail.

Article eight:

The General Assembly shall hold its annual meeting during the month of February.

  1. The General Assembly may be convened for extraordinary meetings at the request of two-thirds of its members or at the request of the Board of Directors or the Ministry.
  2. If special circumstances prevent the General Assembly from meeting on the scheduled date for its meeting, the Board of Directors shall set a new date for the meeting and notify the Ministry accordingly.

Article Nine:

The Founding Body shall convene the General Assembly within sixty days of the date of the association’s establishment to elect the first Board of Directors. The Founding Body shall serve as a temporary Board of Directors until the Board of Directors is elected within the aforementioned period.

Article Ten:

The General Assembly of the association is its highest authority. It sets its general policy and oversees its activities. To this end, it has the following powers:

  1. To approve the work plan.
  2. To approve the annual budget and the annual report on the financial and administrative system.

 Article Eleven:

The administrative board shall consist of no fewer than seven principal members and two alternate members, in accordance with the association’s bylaws.

They shall be elected by the general assembly by secret ballot from among its members for a three-year term, renewable once.

A member of the administrative board must:

1- Possess scientific qualifications and activities.

– Have their place of work and residence in the governorate where the association’s headquarters are located.

Amended by the first amendment to the Scientific Societies Law No. 18 of 1987.

The election of the administrative board members shall be conducted in the presence of a representative from the Ministry to oversee the election process and ensure its proper conduct in accordance with the provisions of this law and the association’s bylaws. Minutes of the election shall be prepared and submitted to the Ministry.

Article Twelve:

The administrative board shall hold a meeting at least once a month, at the invitation of its chairperson or their designee, and upon the request of the board members. B. A quorum is reached with the presence of a majority of the members of the Board of Directors, and decisions are made by a majority vote of those present. In the event of a tie, the vote of the President prevails. C. The minutes of the Board of Directors meetings are submitted to the Supreme Council of Scientific Societies for its opinion if required.

Article Thirteen:

 The Board of Directors of the Society shall undertake the following: A. Preparing the annual work plan.

  1. Preparing the annual budget and the annual report on the Society’s financial and administrative activities.
  2. Approving participation in scientific conferences within and outside the country.
  3. Approving the holding of scientific conferences within and outside the country in cooperation with scientific societies.
  4. Approving the establishment of branches of the Society in the governorates and the formation of committees and divisions within its field of specialization.

Article Fourteen:

The association’s finances consist of:

  1. Members’ subscription fees

Government grants.

  1. Other grants, gifts, donations, subscriptions, and endowments from individuals and other entities, provided that the Ministry’s approval is obtained if they are from Arab or foreign entities.
  2. Other revenues obtained by the association as a result of its activities.

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Amended by the First Amendment to the Scientific Societies Law No. 68 of 1987

Article Fifteen:

The association may dissolve itself by a decision issued by its general assembly by a majority vote of its members.

  1. The Minister may dissolve the association if it deviates from its objectives or becomes incapable of achieving its goals. The association has the right to appeal the dissolution decision to the Court of Cassation within thirty days from the date of being notified of the decision. The court’s decision in this regard shall be final.
  2. The association’s funds, after liquidation, shall revert to the Supreme Council of Scientific Societies.
  3. The Minister may merge scientific societies with similar objectives.

Chapter Three

Article Sixteen:

The Supreme Council for Scientific Societies

  1. The Supreme Council for Scientific Societies is established in Baghdad in accordance with the provisions of this Law and shall have legal personality.
  2. The Council shall consist of:
  3. The heads of the scientific societies established under this Law, or their deputies in their absence, provided the excuse is legitimate.

A representative from the Ministry of Higher Education and Scientific Research, holding the position of Director General or higher.

A number of experienced and specialized individuals representing relevant ministries and institutions, as determined by the Council.

  1. The term of membership on the Council is three years.
  2. The members of the Council shall elect from among themselves, by secret ballot, a President, a Vice-President, a Secretary, and a Treasurer.

Article Seventeen

  1. The Council shall convene at least three times a year.
  2. A quorum for Council meetings shall be the presence of a majority of members, and decisions shall be made by a majority vote of the members. In the event of a tie, the President’s vote shall prevail.

Article Twelve

The Council shall conclude the following:

Amended by the first amendment, the Scientific Societies Law No. [Number] of 1987:

  1. Approval of the work plan and annual budget of the societies. a. Approving the annual report on the financial and administrative activities of the associations.
  2. Forming committees to achieve specific scientific objectives.
  3. Recommending membership in Arab and international federations or participating in their establishment, in accordance with the law.
  4. Submitting an annual report on the work of scientific associations to the Ministry. In the event that the administrative body fails to achieve the association’s objectives, the Council may convene an extraordinary general meeting of the association to discuss the report and make the appropriate decision, including the appointment of new administrative body members for a three-year term.
  5. Notifying the Ministry and the entity represented by a member in the event of two consecutive absences without a legitimate excuse, so that appropriate action may be taken.

Article Nineteen:

 The Council’s finances consist of:

  1. Membership fees from scientific associations, ministries, and institutions represented on it.
  2. A percentage of the profits from properties, events, activities, and publications undertaken or issued by scientific associations.
  3. Grants, donations, and other revenues generated from the Council’s activities. The Council determines the annual membership fee for each association, ministry, or institution represented therein, as well as the profit margin referred to in Paragraph (1) of Clause (a) of this regulation.

Amended by the First Amendment to the Scientific Societies Law No. 68 of 1987

Article Twenty

Chapter Four

General and Final Provisions

The bylaws of the association must include:

  1. The name of the association, its primary purpose, and its area of ​​operation.
  2. The full name, age, occupation, place of residence, field of study, and scientific activities of each founding member.
  3. The rules for acquiring and losing membership.
  4. The amount of the annual membership fee.
  5. The number of members of the administrative board, the rules governing its meetings, and its procedures.
  6. The rules for establishing and managing the association’s branches.

Other matters stipulated in this law.

 Article Twenty-One

  1. The associations mentioned in the appendix attached to this law shall submit their establishment applications to the Ministry of Higher Education and Scientific Research within a period not exceeding sixty days from the date of entry into force of this law. Otherwise, the association shall be considered legally dissolved, and any remaining funds after its liquidation shall be transferred to the Supreme Council of Scientific Societies.
  2. The Ministry shall review the application submitted under the notification clause within a period not exceeding sixty days from the date of its registration. If the Ministry approves the establishment application, the association shall be considered dissolved, and its rights and obligations shall be transferred to the association formed under this law. However, if the Ministry rejects the application, the association shall remain subject to the law under which it was authorized.

Article Twenty-Two

Regulations and instructions may be issued to facilitate the implementation of this law.

Article Twenty-Three

This law shall enter into force on the date of its publication in the Official Gazette.