?What is the Secretariat of the Article 77 Commission of Municipalities and what are its Tasks
Municipalities should be able to provide services to people as an independent, self-sufficient institution. This requires supplying stable and secure sources of income. However, the municipality cannot supply these sources anyway, but getting any fund should be under the authority the municipality is granted by laws and regulations. A part of municipal income is obtained from the duties and service costs which the citizens pay.
Duties and service costs are among the main sources of municipal income and the costs the citizens pay for the services they receive. The municipality is not entitled to receive any fee from the citizens unless allowed by the law. Duties and its types and amount are specified in the law. If any citizen has any objection to these duties, the objection must be addressed. The commission on Article 77 of municipal law was established so that the legislator could consider the citizens’ right to object to the duties.
?What is Article 77 Commission of Municipality
Article 77 Commission of Municipality addresses the disputes between the municipality and the citizens about the duties and municipal service costs. To ensure the impartiality of this quasi-judicial authority, its members are selected from among the representatives of the Ministry of Interior, Ministry of Justice and City Council. The vote issued by this commission is decisive and executed by the registration organization. Vote execution procedure is that Registration Implementation Organization announces the administrative provisions to the committed party and the committed party is obligated to implement its provisions within 10 days. However, if the committed duties payer feels unable to execute the vote, they are required to send a full list of their properties to the executive authorities within the same period of time and if they have no property, they should explicitly declare. A decisive vote is to be executed immediately after issuance, but Moody could also object to the vote issued by the Commission. The objection could be presented in court and only with respect to the violation of or objection to the laws and regulations in terms of form. At present, the right to object to the Article 77 commission in the Administrative Court exists only for natural and legal persons of private law. Legal persons of public law are subject to other conditions.
The legal document of this commission is Article 77 of Municipal Law (modified by 16 February 1967) which stipulates that any dispute between Moody and the Municipality about the duties will be submitted to the Commission composed of representatives of the Interior Ministry, Ministry of Justice and City Council for resolution and the decision made by the commission is decisive. The liabilities detected under the commission’s decision are collectible by the Registration Organization according to the binding document regulations. Registration Implementation Organization is obligated to issue execution according to the commission's decision and collect municipal claims. In the areas with no judicial administration, the Justice Chief of that city will appoint one person as the representative of Justice. In the absence of the city association, the association representative will be selected by the city council.
:Local authorityof Article 77 Commission
The local authority of Article 77 Commission of Municipal Law is over the geographical territory of the municipality which has been located in the area. It means that the objections to the duties of any city are presented in the article 77 Commission of the same city and not any other city. Article 77 Commission is a quasi-judicial commission.
:Inherent authority of Article 77 Commission
Article 77 Commission has inherent authority to address the disputes between Moody and the municipality. Among the demands of the municipality, Article 77 Commission has only the authority to address legal nature of duties and municipal service costs. Article 77 Commission has also the authority to split the claims resulting from the duties. Article 32 of financial regulation of municipalities in 1967 states that “the municipality is not allowed to split its demands for duties except in cases where at the discretion of the Commission in Article 77 of the Law and amendment of some of the provisions of Article 77 of the Municipal Law approved in 1955, Moody is unable to pay all their liabilities unilaterally. In this case, Moody’s liabilities may be split for a period of time – which does not exceed three years- under common interest of Bank Melli Iran. However, the issuance of a certificate of clearance is subject to the receipt of all liabilities. "
Article 77 Commission procedures
After the receipt of the file in the Article 77 Commission, the Commission will first examine the legality of the duties. As we stated at the beginning, no authority in Iran can collect any fund from citizens at its discretion, unless the right has given to them by law. Thus, the commission will first examine whether the objected duties are legal or not. If the answer is yes, a number of duties will be examined and then the final vote will be issued by the Commission. If the Article 77 commission deems necessary, the objector can also attend the meeting and verbally express their objections. Otherwise, objections will be expressed in written.
Issuance of votes by Article 77 Commission
The votes issued by Article 77 Commission of Municipal Law are decisive and the liabilities detected under the commission’s decision are collectible by the Registration Organization according to the binding document regulations. According to the Article 77 Commission, registration implementation organization is required to issue execution and collect the municipality’s claims. In the areas with no judicial administration, the Justice Chief of that city will appoint one person as the representative of Justice. In the absence of the city association, the association representative will be selected by the city council.
Execution implementation of Article 77 committee
Execution Implementation Organization announces the administrative provisions to the committed party and the committed party is obligated to implement its provisions within 10 days. However, if the committed duties payer feels unable to execute the execution, they are required to send a full list of their properties to the executive authorities within the same period of time and if they have no property, they should explicitly declare. However, the municipality can demand for their claims from the committed party’s property before the expiration of this period. In this case, immediately after the notification of the execution, Implementation Organization will confiscate some part of the committed party’s property equal to the one specified in the binding document. However, the whole property cannot be confiscated because some properties are debt exceptions and cannot be confiscated.
Satisfaction of people paves the way for satisfaction of God **