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LAW No. 70 OF 1970
The National Development Plan for the Fiscal Years 1970 —1974
In the Name of the People, the Presidency of the Republic,
In accordance with the provisions of the amended Article Fifty of the Interim Constitution, pursuant to the proposal of the Minister of Planning and with the approval of the Revolutionary Command Council, we do hereby order the promulgation of the following Law:
Article 1.— The following expressions, wherever stated in this Law, shall have the meanings shown thereagainst:
(1) The Plan — The National Development Plan for the Fiscal Years 1970 —1974, and previous plans, whenever the context requires.
(2) The Board — The Planning Board formed under the amended Law No. 18 of the Year 1966.
(3) The Committee — The Steering Committee formed under the amended Law No. 18 of the Year 1966.
(4) The President — The President of the Planning Board.
(5) Chairman of the Committee — Chairman of the Steering Committee.
(6) The Competent Minister — The Minister authorized by the Board.
(7) The Annual Plan — That part of the Plan which the Board decides to execute during the State’s Fiscal Year.
(8) The Investment Programme — The Programme designed to regulate the investments of the Central Government Sector which the Board decides to execute within the framework of the Plan.
(9) The Project — The group of works or the disposals connected therewith, to which a specific name is given, and is classified under a special item in the tables annexed to the Plan.
(10) The Work — That part of the Project which is defined in the investment programme.
(11) The Executing Party — The Department which the Board entrusts with the execution of the work or the Project, or the supervision thereof.
(12) The Beneficiary Party — The Department entrusted with responsibilities of administration, operation, and maintenance of the Project after its completion.
(13) The Total Cost — The sums required to execute the work or the Project completely.
(14) The Plan’s Appropriations — The total amounts appro-
05. prtated in accordance with this Law to be spent on the
work or on the Project during the term of the Plan.
(15) Annual Appropriations — The amounts which are appropriated in the investment programme for spending on the work or on the Project within the term of the Annual Plan.
(16) Follow-up — The follow-up of the progress of the execution of the Plan targets with a view to revealing the results of execution in different fields of economic and social activities for a specific interval of time. This is to be accomplished through the study and analysis of any difficulties or obstacles which may impede the % implementation of the Plan, and the submission of necessary proposals, as well as taking suitable measures, to averoome such difficulties and obstacles whenever confronted or foreseen in advance, so that implementation may proceed in accordance with what has been drawn up in the Plan.
(17) The State Organization — Any public juristic personality rendering public services.
(18) The Specialized State Organization — The public juristic personality specialized in a certain type of economy mic activity, which organizes and supervises public enterprises practicing this type of activity. This public juristic personality possesses enough administrative and financial jurisdiction to ensure its administrative and financial independence within the limits drawn up by the Law. Its financial status is composed of the total ^ funds of related public enterprises and any other allocations made to it.
(19) The Public Enterprise — The public juristic personality embodied into a productive unit undertaking certain economic activity under the supervision of a specialized state organization which guarantees self-financing of its activity, as well as an amount of administrative and financial jurisdictions that ensures for it a certain degree of independence, within the limits laid down by the Law.
Article 2.— The total investment expenditure during the Plan years for the Central Government Sector and the self-financed Public Sector is estimated at the sum of ID. 858,691,000 (Eight Hundred Fifty Eight Million and Six Hundred Ninety One Thousand Dinars) as follows :—
1. The sum of ID. 536,901,000 as investment expenditure for the Central Government Sector.
2. The sum of ID. 321,790,000 as investment expenditure for the self-financed Public Sector.
Article 3.— A sum of ID. 536,901,000 (Five Hundred Thirty Six Million and Nine Hundred and One Thousand Dinars) is allocated, for expenditure on the Projects and Works cited for the Central Government Sector in the Plan, and for settlement of international obligations and any interest charges or other (expenses that may become due by the Government of the Republic of Iraq during the Plan period, as a result of loans advanced as per previous plans or other foreign or internal loans which the Board concludes, and that in accordance with chapters, sections and items cited in Table No. (1) annexed to this Law.
Article 4.— The funds for financing the projects of the Central Government Sector in the Plan are estimated at an amount of ID. 536,901,000 (Five Hundred Thirty Six Million and Nine C"i-J Hundred and One Thousand Dinars) according to Table No. (2)
annexed to this Law.
Article 5.— Investment of the Public Sector cited in Para (2) of Article (2) above and its details cited in Table No. (3) annexed to this Law. shall be financed from the resources of the aforesaid Sector.
Article 6.— (1) The implementation of the Plan shall be carried out in accordance with this Law, the Planning Board’s amended Law No. (18) for the year 1966, and the instructions and decisions issued in accordance with both Laws.
(2) The Executing Party shall be considered authorized to decide upon all matters pertaining to the execution of the work or the project save those excluded in this Law and the resolutions issued by the Board and the Committee.
(3) The Executing Party shall be considered opponent in law-suits filed thereby or thereagainst on whatsoever connected with the execution of the work or the project.
Article 7.— (1) The Board and the Committee have each a juristic personality qualifying both to enjoy all rights and authorities required for planning, execution and follow-up operations save those concomitants with the entity of a natural person. The jurisdiction of each of the above shall be construed by the President of the Board or whoever may be delegated by him, or the Chairman of the Committee or whoever may be delegated by him.
(2) The Board and the Committee have independent financial status.
Article 8.— The Board shall — by virtue of competence and not restriction — be entitled to the following designations and authorities :—
1. Laying down comprehensive and detailed plans for national development, its budgets and the related plans and programmes.
2. Coordination of economic, financial, monetary and commercial policies which shall ensure effective execution of the Plan.
3. Expressing view with respect to the project of the State’s annual budget in accordance to the general framework of the Plan.
4. Directing economic activities of the private sector according to the general framework of the Plan.
5. Expressing view on regulations pertaining to financial, administrative, commercial, industrial and agricultural legislations.
6. Expressing view in regard to international agreements and obligations of economic nature.
7. Deciding on priorities to be given to the execution of the Plan’s projects, and projects proposed to be listed in international agreements.
8. Establishing institutes for planning, development and consultation, in cooperation with parties concerned, by means of a resolution from the Board.
9. Formation of commissions and committees to look into any matters connected with planning, execution or follow-up in accordance with instructions issued by the Board.
10. Addition of new projects within the; Plan’s total allocations.
11. Transferring funds within the one chapter in the Plan's Tables, and from the allocations to the chapters of miscellaneous investment expenditures, to other chapters.
12. Disposal of Plan’s funds in all lawful respects inclusive of concluding contracts for lending and borrowing.
13. Writing-off funds and assets of the Plan if damaged or lost provided that their purchasing value does not exceed ID. 20,000; and should the value exceed the said amount, it shall be written off by Law.
14. Amendment or repeal of resolutions still in force which had been adopted by the Development Board or by the Economic Planning Board, or by the Planning Board, (all being already dissolved), or by the present Board.
15. Delegation of all or part of its authorities to the President of the Board, the Committee or its Chairman, or the competent Minister, and each in turn can delegate his authorities to the departments attached to him or to his senior officials.
16. Any other matters that may serve planning and help achieve the development objectives.
Article 9.— (1) The revenues of the Board consist of :—
(a) Not less than 50% of the royalties and revenues of oil and mineral wealth.
(b) Proceeds of internal and external loans whether concluded by special contract or by the issue of bearer or nominal bonds, or by concluding an agreement with any State or Institution.
(c) Proceeds of amounts resulting from the application of Article 10 of this Law.
(d) Revenues of the Plan’s projects prior to the transfer of their ownership to the party concerned as is stipulated in Article 19 of this Law.
(e) Any other revenues stipulated by Law.
(2) The amounts forthcoming from resources mentioned in Para. 1 of this Article shall be deposited at the Central Bank of Iraq to the credit of the Board, and the Board shall undertake the administration of these funds.
Article 10.— (1) All specialized State Organizations and the related enterprises ought to pay annually to the Plan’s account an amount equivalent to 10% of net profits prior to distribution (i.e. the profits shown in the Profit and Loss Account) effective 1969/1970 financial year.
(2) In addition to payments fixed per Para. (1) of this Article, the specialized State Organizations and the enterprises related thereto — which run projects that had been wholly or partly financed from the overall programmes of the dissolved Development Board, or previous plans, or projects which shall be financed from the Plan — shall pay annually to the Plan’s account a sum amounting to 20% of net profits inclusive of reserves (after deduction of income tax only); this being effective 1969/1970 financial year and until all amounts spent on the said projects are settled.
(3) In addition to what has been fixed for payment in Paras. (1) and (2) of this Article, the State Organization of Industry and enterprises related thereto, the National Electricity Administration and the related enterprises, shall each pay annually to the Plan’s account a sum amounting to 50% of the reserves for allocations to annual depreciations effective the fiscal year 1970/1971. The Board shall decide upon subjecting any other administration. State Organization or related enterprise to the provisions of this paragraph.
Article 11.— (1) Expenditure on the Plan’s projects shall be made in accordance with the Board’s resolutions until a Law is promulgated defining the rules of expenditure and the accounting procedures for the Plan’s funds.
(2) The Plan’s accounts are subject to the control of the Diwan of Financial Control as well as toi financial inspection.
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