ISLAMIC EMIRATE OF AFGHANISTAN

Municipality Law
An unofficial translation of the Municipality Law as published in Official Gazette number 794 dated 10th Rajab, 1421 [Lunar] (17th Mezn 1379 [Solar] = October 8th 2000)

This translation has been prepared by KCI. It is not an official version of the law and should be read and used with regard to this limitation. All reasonable effort has been made to provide an accurate translation of the law as published in the Official Gazette. Where a person requires more certainty than an unofficial translation of the law can provide, that person is advised to seek professional advice based on the law in the languages of Dari and Pashtu as published in the Official Gazette.

Version 30 January 2011

MUNICIPALITY LAW CHAPTER 1 GENERAL PROVISIONS

Article 1: This law has been enacted to regulate the function of municipalities and their respective districts. Article 2: Being a public legal and juristic entity the Municipality by the fulfillment of its obligations shall provide for the general needs of the urban residents in accordance with the provisions of this law and other legislative documents. Article 3: (1) Kabul Municipality is part to the Emirate (government) organizational structure and shall fulfill and exercise the obligations and powers thereof within the bounds of this law. (2) Provincial municipalities as part of local administration shall perform their activities under the ministry of interior and within limits of the provisions of this law.

Article 4: Through the competent authorities municipalities may establish mutual cooperation relations with municipalities of foreign countries in accordance with the provisions of the Islamic Shariah. Article 5: (1) Within the scope of their operations, the municipalities shall have their respective urban master plans. (2) The departments of Central Engineering and Urban Planning as well as their relevant branches shall prepare and modify master plans in cooperation and consultation with the municipalities and shall be implemented by the municipality after being confirmed by the Council of Ministers and approved by the head of the Islamic Emirate of Afghanistan. (3) Responsibility to supervise (control) implementation of the master plan shall rest with the master plan designing department as well as with the concerned municipality.
Article 6: The Kabul mayor shall be appointed by the head of the Emirate in accordance with the provisions of law.

Version 30 January 2011

CHAPTER 2 ORGANIZATION
Article 7: Municipalities shall be established in the centers of local administrative units (provinces and districts) with the following conditions taken into account: 1 - In the center of administrative units having a population of more than 5000 people. 2 - In the center of an administrative unit where implementation of urban master plans is feasible.

Article 8: (1) The Kabul municipality shall have mayor, deputy mayor (s), heads of departments, administrative council, central departments and district chiefs that shall be appointed in accordance with the provisions of law. (2) The municipal administrative council shall comprise the mayor (as chairman), deputy mayors and heads of departments and shall be set up based on the recommendations of the mayor and approval by the council of ministers.
Article 9: Other mayors shall be appointed and function in accordance with the approved organizational structure as well as in accordance with the provisions of law.

Version 30 January 2011

CHAPTER 3 FINANCIAL AFFAIRS

Article 10: The organizational structure and budget of the municipality shall be prepared by the mayor, confirmed by the administrative council and after being reviewed by the ministry of finance shall be reflected in the Emirate budget in accordance with the provisions of law and shall be submitted to the council of ministers for completion of formalities. Article 11: Budget of the municipalities shall consist of ordinary and development components and its expenditures shall be defrayed from revenues collected as follows: 1- Ordinary budget shall be financed from the (45) per cent of fixed revenues of the municipality, and if impossible, shall be offset from the remainder (55) per cent of the fixed and non-fixed revenues in agreement with the ministry of finance. 2- Development budget shall be financed from the remainder (55) per cent of the fixed and non-fixed revenues as well as from the municipalitys assets deposited with the bank. Under exceptional circumstances where the development plan could not be implemented out of the municipality funds, financial assistance shall be provided from the Emirate development budget. Article 12: (1) Municipal revenues shall belong to the municipality, and as such, it shall adjust its expenditures to the approved budget taking into consideration the revenues being collected. (2) Revenues accruing from the entire municipal resources shall be deposited into the special municipality account with the bank. Article 13: Where one of the administrative or construction projects is transferred to the municipality, the financial allocation and budget of the transferred project shall also be transferred into its budget. Article 14: Under emergency circumstances municipalitys reserve funds being deposited with the bank can be spent upon approval by the administrative council of the municipality, agreement by the ministry of finance and confirmation by the council of ministers in accordance with the provisions of the enforced laws. Article 15: Where the municipal revenues do not suffice to meet the expenditures of its ordinary budget for two succeeding years, the issue shall be referred to the head of the Emirate after being approved by the administrative council and recommended by the ministry of finance.

Version 30 January 2011

CHAPTER 4 OBLIGATIONS AND POWERS

Article 16: Municipalities and district branches have their respective obligations and powers as given below: 1 - Adopt measures for ensuring means of livelihood for the residents living in the respective area. 2 - Adopt measures for construction and maintenance of wells, kariz (subterranean irrigation canals), ponds, and potable water reservoirs by the relevant sources. 3 - Adopt measures for the protection and creation of urban green spaces in the cities and districts and ensuring cleanliness and sanitation in the relevant areas, as well as for the protection of bio-environment. 4 - Adopt measures for construction of roads, playgrounds, public bathhouses, emporiums, markets and cultural and civic centers through the engagement of private investment in areas under planning to the extent possible. 5 - Valuate residential houses according to the regulations. 6 - Fix rental of municipal properties in accordance with regulation. 7 - Adopt measures for inspecting sanitary conditions in bathhouses, restaurants, hotels, guesthouses, samovars, swimming pools, public halls and other food shops in cooperation with the concerned departments. 8 - Adopt measures to ensure cooperation with health institutions in the implementation of measures intended to prevent the outbreak of diseases and to protect the bioenvironment. 9 - Adopt measures for allotment of land-plots for the construction of residential houses and commercial sites in accordance with the relevant regulation. 10 - Expropriate lands in accordance with the provisions of the Land Expropriation Law. 11 - Adopt measures for taking part in the construction of residential centers, maintenance of roads, streets and residential areas. 12 - Adopt measures for a sound expansion of the city transportation vehicles by the relevant department. 13 - Adopt measures for providing assistance in supply and distribution of foodstuff and for improving livelihood services. 14 - Control prices and measuring appliances, regulate and generalize the metric system in relevant area. 15 - Adopt measures for providing assistance in promoting sports and physical training in accordance with the Islamic morality. 16 - Attract voluntary cooperation of the residents in carrying out sanitation activities, creating green spaces and in delivering other useful urban services. 17 - Adopt measures for providing assistance in preservation, maintenance and restoration of historical and cultural relics through attracting cooperation of the relevant departments. 18 - Adopt measures for providing assistance in collecting data on demographic statistics. 19 - Collect urban service charges in accordance with the provisions of law. 20 - Adopt measures for providing effective cooperation in illiteracy eradication, improvement in the general educational and cultural levels, vocational training of

Version 30 January 2011

21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 -

the people, development of social services network, general educational and vocational schools and libraries in the relevant area through the concerned department taking into account the Islamic standards. Pass the bills in due consideration of the provisions of this law. Steer subordinate departments and sections. Call and hold sessions in connection with utilities of the relevant town. Organize implementation of budgetary as well as annual revenues and expenditures plans and adopt measures to economize expenditures. Supervise (control) execution of decisions made by the administrative council. Express views regarding the constructions of the establishments of the traffic department in the city area. Determine the location of slaughterhouse, better arrange and supervise butcheryrelated sanitation affairs. Distribute price list in accordance with the provisions of the Shariah. Review terms and conditions, affidavits, contracts and lease of municipal properties. Construct, repair and cleanse public streams and ditches in towns. Arrange receiving visitors and settle complaints of the residents in a just and timely manner as well as supervise implementations and the decisions within their respective scope of powers. Provide assistance in meeting primary and emergency social and economic needs of the local residents in cooperation with the respective authorities. Allocate burying grounds for interment of the dead (graveyards). Adopt measures for organizing free of charge obsequies and interment of the unidentifiable and heirless dead with the cooperation of the Red Crescent. Take decision regarding demolition of building at the end of their useful life based on the recommendation of the technical committee. Accept aid, gifts and grants on behalf of the municipality and registration thereof in the books. Prevent arbitrary construction of buildings with the help of security authorities of the relevant area. Grant business license to the various businesses in the city. Grant work permits to the janitorial staff of foreign organizations. Collect and record correct data on weddings, births, deaths and changes in dwelling places in cooperation with the respective departments and submit the report thereon to the relevant authorities. Earnestly implement the price list. Provide assistance in strengthening the rule of law, ensuring security, social order and tranquility of the society. Provide assistance in defending legal interests of the local residents. Render all-sided cooperation in building the society and consolidation of Islamic sovereignty.

Version 30 January 2011

CHAPTER 5 FINAL PROVISIONS

Article 17: Organizations, departments, senior government officials and residents living in the areas under their respective municipality or municipal precinct shall be required to implement the decisions taken by the administrative council of the municipality in relation to issues within the scope of their powers. Article 18: Changes in names of towns and areas shall take place upon recommendations of the municipality, confirmation by the council of ministers and approval by the head of the Emirate. Article 19: Municipality may grant letters of appreciation to those businesses and craftsmen who demonstrate good and Islamic behavior and perform their duties vis--vis their fellow citizens in a better way. Article 20: Police, education, city transport, water & power supply, urban development and housing and all other relevant departments shall render their cooperation to the respective municipality in implementing the city master plan and other public services and shall pave the way for the implementation of its plans. Article 21: Representative of businesses shall be appointed in understanding and agreement with the mayor and the relevant businesses. Article 22: The authority to implement and exercise control over the budget shall rest with the mayor. Article 23: The mayor can delegate his powers to the deputies. Article 24: The mayors of district municipalities and chiefs of precinct branches shall forecast annual revenues of their respective areas and shall send their forecasts to their respective central municipality for budget preparation. Article 25: This law shall come into force from the date it is signed and be published in the official gazette and upon its enforcement, the municipal law and the amendments thereof published in the official gazette no. 732 dated 15/10/1369 (05/01/1991) shall be cancelled.

Version 30 January 2011