AI en Translation, Pages 51-75
Page 52
22
For restating the reserve pharmacist Rais Mutres Yusif Hasani on pension.
The Minister of Defence is charged with the execution of this Irada.
Made at Baghdad this 7th day of Rejab, 1369, and the 24th day of April, 1950.
ABDUL ILAH.
TAWFIQ AL-SUWAIDI, | SHAKIR AL-WADI,
Prime Minister. | Minister of Defence.
(Published in the Waqayi' al 'Iraqiya No. 2882 of 13/9/1950).
NOTIFICATION.
Pursuant to Articles 13 and 14 of the Regulation of the Chambers of Agriculture No. 94 of 1939, the half of the Administrative Committee of the Mosul Liwa Chamber of Agriculture has been elected, and the new Administrative Committee consists, of the following persons :⟦line⟧
1. Sayid Mohammed al-Jalili | President.
2. Sayid Fadhil al-Nouri | Vice-President.
3. Sayid Edris Hammo al-Kaddo. | Secretary.
4. Sayid Abdul Majid Aubeid Agha | Treasurer.
5. Sayid Naman al-Dabagh | Member.
6. Sayid Salim al-Dewahji | Member.
7. Sayid Salah al-Din al-Khatib | Member.
8. Sayid Amin al-Motwalli | Member.
9. Sayid Abdul Aziz al-Najafi | Member.
10. Sayid Abdul Hohsin al-Aani | Member.
IRAQ CURRENCY NOTES
The following currency notes are stated to have been destroyed, and payment of their value has been claimed by the persons whose names are placed against their numbers. Any other person claiming a right to them should communicate at once with the undersigned :⟦line⟧
Number of Note. | Value. | Name of Claimant.
A 742497 | ID. 10 | Zahra Nassir — Baghdad.
B 804864 | ID. 5 | Khalil Ubaid — Hillah.
C 028376 | ID. 5 | Khalil Ubaid — Hillah.
B 783160 | ID. 5 | Khalil Ubaid — Hillah.
A 734894 | ID. 10 | Khelaif al-Kadhom (Nahiyat al-Zubaidiya).
B 062421 | ID. 5 | Khelaif al-Kadhom (Nahiyat al-Zubaidiya).
A 321558 | ID. 5 | Khelaif al-Kadhom (Nahiyat al-Zubaidiya).
A 279984 | ID. 5 | Jacob Qahtan — Baghdad
A 454024 | ID. 5 | Jacob Qahtan — Baghdad
ADVERTISEMENT OF TRADE MARKS.
NOTICE No. (220).
SECOND ADVERTISEMENT
1. The following applications for the registration of Trade Marks
are advertised in accordance with the provision of Article 8 of Trade Mark
Law No. 39 of 1931.
2. Any person may, within six months from the date of the first
advertisement, object to the registration of any of these Trade Marks
by bringing an action against the applicant for registration in the
Civil Court.
3. Such person objecting to the registration of a Trade Mark
should file a copy of his petition together with a copy of his
pleadings with the Registrar of Trade Marks at the Ministry of
Economics.
Registrar of Trade Marks.
N.B.—The second advertisement was published in the Waqayi' al Iraqiya No.
3070 of 10/3/1952
Page 54
16
(e) To use no part of the lands leased under Article 9 of this
law except for the purposes of the undertaking.
(f) To store raw and packing materials covered by the exemp-
tion in a manner which facilitates their inspection, and
to maintain special registers for such materials.
(g) To furnish the Minister with such documents as he may
require and to give him or anyone duly authorised by him
in writing free access to the premises of the undertaking
for the purpose of ascertaining the correctness of the
information he has given in regard to the duties mentioned
in the preceeding paragraphs.
Article 17.—Anyone to whom an undertaking is transferred in any way shall
within 3 weeks from the date of the completion of the transfer
transaction request the Minister to transfer to him the exemp-
tion certificate granted to the undertaking, otherwise the
certificate shall become null and avoid from the date of the
transfer of the undertaking and all exemptions occurring after
this date shall be recovered.
Article 18.—(1) If the owner of the undertaking or his deputy infringes
any of the duties laid down in paragraphs (a), (b), (c), (f)
and (g) of Article 16, he shall be liable to a fine not exceed-
ing 100 Dinars.
(2) If the infringement is of paragraphs (d) and (e) of the
said Article, the penalty shall be a fine not less than five
times and not exceeding ten times the customs duties or
the badal mithal of the lands.
Article 19.—(1) There shall be set up an advisory industrial board consist-
ing of the Ministers of Economics and Finance and five
other experienced and specialized members to be appointed
by the Council of Ministers.
(2) The duty of the board shall be to undertake economic
studies, to give advice and make recommendations for the
purpose of protecting national manufactures and limiting
the importation of manufactures the like of which is pro-
duced by the national industry, to give advice in regard to
financial assistance to be granted to national industries,
and to submit proposals for the development of industry.
Article 20.—Penalties provided for in this law shall not preclude the applica-
tion of the Baghdad Penal Code if the acts committed constitute
crimes to which its provisions apply and which necessitate the
infliction of heavier penalties.
Article 21.—Law for the Encouragement of Industrial undertakings No. 14
of 1929 and amendments thereto are hereby repealed.
Article 22.—(a) Certificates, permits and exemptions granted under Law
No. 14 of 1929 and its amendments to industrial under-
takings which after the committee has been consulted are
proved to be not among undertakings which should be
encouraged under this law, shall be cancelled and their
owners shall not pay to the government anything in return
for exemptions enjoyed prior to the cancellation of the
certificate or permit, provided that the cancellation shall
take place within six months of the coming into force of
this law.
(b) The periods and quantities determined for exemption from
customs import duty upon the necessary raw materials for
each of the said undertakings — pursuant to the repealed
law — shall stand and shall otherwise be dealt with in
accordance with this law until they are cancelled or the
relative permits are renewed.
Article 23.—This law shall come into force from the date of its publication
in the Official Gazette.
Article 24.—The Ministers of Economics and Finance are charged with the
execution of this law.
Made at Baghdad this 18th day of Sha'aban, 1369, and the 3rd day of
June, 1950.
ABDUL ILAH.
TAWFIQ AL-SUWAIDI, | DHIA' JA'AFAR,
Prime Minister. | Minister of Economics.
ABDUL KARIM AL-UZRI,
Minister of Finance.
(Published in the Waqayi' al 'Iraqiya No. 2841 of 6/6/1950).
19
(Royal Irada No. 256).
15. We have issued this Royal Irada.
Pursuant to the proposal of the Minister of Foreign Affairs.
For the grant to Sayid Victor al-Khuri; Minister Plenipotentiary to the Lebanese Republic in London al-Rafidain Order of Grade II (Civil category).
The Minister of Foreign Affairs is charged with the execution of this Irada.
Made at Baghdad this 6th day of Rejab, 1369, and the 23rd day of April, 1950.
ABDUL ILAH.
TAWFIQ AL-SUWAIDI,
Prime Minister and,
Minister of Foreign Affairs.
(Published in the Waqayi' al 'Iraqiya No. 2882 of 13/9/1950).
(Royal Irada No. 257).
16. We have issued this Royal Irada.
Pursuant to the proposal of the Minister of Foreign Affairs.
For the grant to Sayid Wahid Ra'afat; Advisory Secretary in the Egyptian Ministry for Foreign Affairs al-Rafidain Order of Grade III (Civil category).
The Minister of Foreign Affairs is charged with the execution of this Irada.
Made at Baghdad this 6th day of Rejab, 1369, and the 23rd day of April, 1950.
ABDUL ILAH.
TAWFIQ AL-SUWAIDI,
Prime Minister and,
Minister of Foreign Affairs.
(Published in the Waqayi' al 'Iraqiya No. 2882 of 13/9/1950).
(Royal Irada No. 258).
17. Whereas the Military Martial Courts sentenced the persons whom their names mentioned in the list attached to this Royal Irada to give a gaurantee of good conduct or security for certain periods. As the said persons were unable to give such gaurantee, the said courts decided to put them in person for periods of each sentenced with. In view of the existence of movtives which call for clemency and petition.
We have issued this Royal Irada.
Pursuant to the proposal of the Ministers of Interior, Social Affairs, Defence and Justice.
For pardoning them of their remaining periods decided by the said courts for putting them in person.
The Ministers of Interior, Social Affairs, Defence and Justice are charged with the execution of this Irada.
Made at Baghdad this 14th day of Rejab, 1969, and the 1st day of May, 1950.
ABDUL ILAH.
TAWFIQ AL-SUWAIDI, | SALEH JABUR,
Prime Minister. | Minister of Interior.
TAWFIQ WAHBI, | SHAKIR AL-WADI,
Minister of Social Affairs. | Minister of Defence.
HASSAN SAMI TATAR,
Minister of Justice.
(Published in the Waqayi' al 'Iraqiya No. 2882 of 13/9/1950).
(For details of names please refer to the Waqayi' al 'Iraqiya No. 2882 of 13/9/1950).
Page 55
10
CLASS 30.—(Concld.).
⟦line⟧
Application No. 783 filed 26/4/1951.
For registering this trade mark in the name of Ali Haj Isma'il al-Haj Qasim and al-Haj Jawad al-Haj Hamid, Shorja, Baghdad.
In class 30.
For Tea.
The Teapot and the Tea Glass
Registered Trademark
⟦line⟧
Application No. 786 filed 26/4/1951.
For registering this trade mark in the name of Mustapha Najib al-Omer, Sarrafin Market, Mosul.
In class 30.
For Tea.
The Plow
⟦line⟧
Application No. 787 filed 26/4/1951.
For registering this trade mark in the name of Mustapha Najib al-Omer, Sarrafin Market, Mosul.
In class 30.
For Tea.
Abu al-Siba (Father of Lions)
⟦line⟧
15
(6) An undertaking which has been granted a total exemption
certificate shall enjoy all the exemptions provided for in
Articles 8 and 9, subject to the provisions of the following
Article.
Article 12.—(1) The types of undertakings which are to enjoy exemption
under this law shall be determined by a decision of the
Council of Ministers.
(2) The technical specifications which national industrial
products and similar imported products must fulfil shall be
determined by Regulation.
(3) The Minister shall, after consulting the committee,
determine the quantity of raw materials referred to in
paragraph (1) for undertakings which have been granted
a total exemption certificate. The Minister of Finance
shall have the right to object within two weeks to the
quantities granted, and if the points of view of the
Ministers of Economics and Finance do not agree, the
matter shall be decided by the Council of Ministers.
(4) The period of exemption shall be one year, and the
Minister may, after consulting the committee, extend this
period and also increase or reduce the quantity of raw
materials at the end of each year. This shall go on until
the production of this undertaking or similar production
is in a position which does not require exemption, provided
that this be determined by a decision of the Council of
Ministers. Upon the issue of this decision the exemption
shall cease in the case of all undertakings producing the
same type of products.
(5) In granting the exemptions provided for in the two preced-
ing paragraphs account shall be taken of the number of
labourers and employees in the undertaking and the power
used for operating the machinery and apparatus.
Article 13.—The owner of the undertaking may, if he feels aggrieved,
appeal to the Council of Ministers against decisions issued
under Articles 2, 3, 7, 10 and 15 of this law. Such appeal
should be made within 30 days from the date of notification
of the decision in writing.
Article 14.—The Minister may, after consulting the committee, cancel the
certificate granted under Article 7, if the undertaking is
abandoned after having been established, unless the abandon-
ment is due to force majeure.
Article 15.—If, after consulting the committee, the Minister is satisfied
that the owner of the undertaking has infringed any of the
exemption conditions laid down in Article 3 he may decide to
suspend the exemptions enjoyed by the undertaking for the
period of the infringement in accordance with the provisions
of this law, and to fine the owner a sum not exceeding twice
the exemptions enjoyed by him from the date of the infringe-
ment and not less than the amount of the exemption with
interest thereon, if the infringement relates to paragraph (d)
of the said Article. Anyone who feels aggrieved by this
decision may apply to the competent court.
Article 16.—The owner of the undertaking or his deputy is charged with
the following duties:—
(a) To supply the Minister with full information and correct
statements in respect of the undertaking.
(b) To inform the Minister within seven days upon selling
or leasing the undertaking or renouncing it temporarily
or permanently.
(c) To submit an annual balance sheet on a special form to
be prescribed by the Minister, showing the receipts,
expenditure, profits and losses of the undertaking, within
not more than six months of the close of each financial
year.
(d) To use the materials covered by exemption solely for the
purposes of the undertaking and for the maintainence of its
production.
Page 56
8
CLASS.—30
Application No. 562 filed 12/11/ 1950. | Shorja, Baghdad.
For registering this trade mark in the name | In class 30.
of Messrs. Sadiq Baqir, Hadi sons of Sayid Ja'afar, | For Tea.
⟦image: leaf⟧
Application No. 563 filed 12/11/1950. | Shorja, Baghdad.
For registering this trade mark in the name | In class 30.
of Messrs. Sadiq Baqir, Hadi sons of Sayid Ja'afar, | For Tea.
⟦image: fruit⟧
6
CLASS 30.—(Contd.).
Application No. 618 filed 18/12/1950. | Importer 10/33 Rewak Street, Baghdad.
For registering this trade mark in the name | In class 30.
of Zaki Saleh Gourgey, Commission Agent and | For Tea.
The Negro Mark
⟦image: man with spear and shield⟧
Application No. 669 filed 15/2/1951. | ⟦...⟧ing, Baghdad.
For registering this trade mark in the name | In class 30.
of Joseph F. Rabino of British Bank of Iran build- | For Tea.
Registered Mark
66
STANDARD
RGT. TRADE MARK
Page 57
Application No. 776 filed 19/4/1951. | Basle, Switzerland, Chemical manufacturers.
For registering this trade mark in the name | In class 5.
of Zandoz Ltd., Lichtstrasse 35/Fabrkstrasse 60 | For Pharmaceutical, veterinary and hygienic
| products and other goods in class 5.
S
SANDOZ
CLASS- 6
1
Application No. 720 filed 31/3/1951.
For registering this trade mark in the name of Aug, Stenman, A.B. manufacturers Eskilstuna, Sweden.
In class 6.
For Locks of all kinds and door handles, cabinet, catches and fittings, hinges and buttes, door and window fittings shelf, brackets, bolts, hasps and staples wood screws and machine screws, hooks and eyes, corrugated fasteners, drawing pins all made of non-precious metals. | S S
A A A
S S
A
Application No. 721 filed 31/3/1951.
For registering this trade mark in the name of Aug, Stenman, A.B. manufacturers Eskilstuna, Sweden.
In class 6.
For Locks and door handles with escutcheons, all made of non-precious metals. | ASSA
Page 58
4
CLASS 5.—(Concld.).
Application No. 677 filed 18/2/1951.
For registering this trade mark in the name
of Schering A.G. 170-172 Muller Strase 1 Berlin
N. 65-Germany, Chemical & Pharmaceutical
Manufacturers. PRIMOTESTON
In class 5.
For Pharmaceutical, veterinary and hygienic
products.
Application No. 678 filed 18/2/1951.
For registering this trade mark in the name
of Schering A.G. 170-172 Muller Strase 1 Berlin
N. 65-Germany, Chemical & Pharmaceutical
Manufacturers. PRIMOGYN
In class 5.
For Pharmaceutical, veterinary and hygienic
products.
Application No. 679 filed 18/2/1951.
For registering this trade mark in the name
of Schering A.G. 170-172 Muller Strase 1 Berlin
N. 65-Germany, Chemical & Pharmaceutical
Manufacturers. PRIMOLUT
In class 5.
For Pharmaceutical, veterinary and hygienic
products.
Application No. 680 filed 18/2/1951.
For registering this trade mark in the name
of Schering A.G. 170-172 Muller Strase 1 Berlin
N. 65-Germany, Chemical & Pharmaceutical
Manufacturers. DUOGYNON
In class 5.
For Pharmaceutical, veterinary and hygienic
products.
Application No. 681 filed 18/2/1951.
For registering this trade mark in the name
of Schering A.G. 170-172 Muller Strase 1 Berlin
N. 65-Germany, Chemical & Pharmaceutical
Manufacturers. DELTYL
In class 5.
For Pharmaceutical, veterinary and hygienic
products.
Application No. 682 filed 18/2/1951.
For registering this trade mark in the name
of Schering A.G. 170-172 Muller Strase 1 Berlin
N. 65-Germany, Chemical & Pharmaceutical
Manufacturers. PRIMODOS
In class 5.
For Pharmaceutical, veterinary and hygienic
products.
Page 59
8
CLASS 5.—(Contd.).
Application No. 552 filed 9/11/1950.
For registering this trade mark in the name
of Farben Fabriken Bayer, Leverkusen Bayer
Werk, Germany.
In class 5.
For Medical preparations. | BADIONAL
Application No. 553 filed 9/11/1950.
For registering this trade mark in the name
of Farben Fabriken Bayer, Leverkusen Bayer
Werk, Germany.
In class 5.
For Medical preparations. | ADAPTINOL
Application No. 559 filed 9/11/1950.
For registering this trade mark in the name
of Farben Fabriken Bayer, Leverkusen Bayer
Werk, Germany.
In class 5.
For Medical preparations. | CEVILAT
Application No. 561 filed 9/11/1950.
For registering this trade mark in the name
of Farben Fabriken Bayer, Leverkusen Bayer
Werk, Germany.
In class 5.
For Medical preparations. | ATEBRIN
Application No. 675 filed 18/2/1951.
For registering this trade mark in the name
of Schering A.G. 170-172 Muller Strase 1 Berlin
N. 65-Germany, Chemical & Pharmaceutical
Manufacturers.
In class 5.
For Pharmaceutical, veterinary and hygienic
products. | ALUTYL
Application No. 676 filed 18/2/1951.
For registering this trade mark in the name
of Schering A.G. 170-172 Muller Strase 1 Berlin
N. 65-Germany, Chemical & Pharmaceutical
Manufacturers.
In class 5.
For Pharmaceutical, veterinary and hygienic
products. | ALUTINAL
Page 60
38
The Ministers of Justice and Social Affairs are charged with the execu-
tion of this Irada.
Made at Baghdad this 17th day of Rejab, 1369, and the 4th day of
May, 1950.
ABDUL ILAH.
TAWFIQ AL-SUWAIDI, | HASSAN SAMI TATAR,
Prime Minister. | Minister of Justice.
TAWFIQ WAHBI,
Minister of Social Affairs.
(Published in the Waqayi' al 'Iraqiya No. 2882 of 13/9/1950).
⟦line⟧
(Royal Irada No. 285).
49. Whereas the Permenant Martial Court of the 2nd Division on
22/1/1949 sentence al-Rais al-Awwal Hassan Sameh Rashid with hard labour
for a period of 15 days vide para. 1 of Article 133 and with hard labour for
a period of 7 months vide para. II of Articles 83 and 34 of the Military Penal
Code and the Military Court of Cassation decided on 4/5/1949 the severity
of the sentence to 2 years hard labour. In view of the existence of motives
which call for clemency.
We have issued this Royal Irada.
Pursuant to the proposal of the Minister of Defence.
For pardoning al-Rais al-Awwal Hassan Sameh Rashid who was dis-
pensed from the Army of his remaining period of sentence.
The Ministers of Social Affairs and Defence are charged with the execu-
tion of this Irada.
Made at Baghdad this 21st day of Rejab, 1369, and the 8th day of
May, 1950.
ABDUL ILAH.
TAWFIQ AL-SUWAIDI, | TAWFIQ WAHBI,
Prime Minister. | Minister of Social Affairs.
SHAKIR AL-WADI,
Minister of Defence.
(Published in the Waqayi' al 'Iraqiya No. 2882 of 13/9/1950).
ADVERTISEMENT OF TRADE MARKS.
NOTICE No. (222).
FIRST ADVERTISEMENT.
1. The following applications for the registration of Trade Marks
are advertised in accordance with the provision of Article 8 of Trade Mark
Law No. 39 of 1931.
2. Any person may, within six months from the date of the first
advertisement, object to the registration of any of these Trade Marks
by bringing an action against the applicant for registration in the
Civil Court.
3. Such person objecting to the registration of a Trade Mark
should file a copy of his petition together with a copy of his
pleadings with the Registrar of Trade Marks at the Ministry of
Economics.
Registrar of Trade Marks.
N.B.—The first advertisement was published in the Waqayi' al Iraqiya No.
3068 of 7-4-1952.
Page 61
37
(Royal Irada No. 283).
46. We have issued this Royal Irada.
Pursuant to the proposal of the Minister of Social Affairs and with the approval of the Council of Ministers.
For the appointment of William Johnson Hall as expert of Labour and Social Security in the Ministry of Social Affairs.
The Minister of Social Affairs is charged with the execution of this Irada.
Made at Baghdad this 17th day of Rejab, 1369, and the 4th day of May, 1950.
ABDUL ILAH.
TAWFIQ AL-SUWAIDI, TAWFIQ WAHBI,
Prime Minister. Minister of Social Affairs.
(Published in the Waqayi' al 'Iraqiya No. 2882 of 13/9/1950).
(Royal Irada No. 284).
47. Whereas the Court of Session for Basrah district sentenced Mahdi son of Sighayir with penal servitude for life vide Article 213 in conjunction with Article 11 of Baghdad Penal Code for murdering his sister Shahlola daughter of Sighayir intentionally and with premeditation for her misconduct and recommended the commutation of the sentence to 4 years hard labour. The Court of Cassation approved the sentence and conform on 8/4/1950 the commutation of the sentence to 7 years hard labour. In view of the circumstances of the case and the existence of motives which call for clemency and commutation.
We have issued this Royal Irada.
Pursuant to the proposal of the Minister of Justice.
For the commutation of the sentence of penal servitude for life passed on the criminal Mahdi son of Sighayir to 7 years hard labour.
The Ministers of Justice and Social Affairs are charged with the execution of this Irada.
Made at Baghdad this 17th day of Rejab, 1369, and the 4th day of May, 1950.
ABDUL ILAH.
TAWFIQ AL-SUWAIDI, HASSAN SAMI TATAR,
Prime Minister. Minister of Justice.
TAWFIQ WAHBI,
Minister of Social Affairs.
(Published in the Waqayi' al 'Iraqiya No. 2882 of 13/9/1950).
(Royal Irada No. 285).
48. Whereas the Court of Session for Baghdad district on 15/2/1950 ⟦sentenced⟧ Sattar son of Abdul Jabbar with penal servitude for life vide Article 213 in conjunction with Article 11 of Baghdad Penal Code for murdering his sister Suad Abdul Jabbar intentionally and with premeditation for her misconduct and recommended the commutation of the sentence to 3 years hard labour. The Court of Cassation approved the sentence and conform the recommendation on 8/4/1950. In view of the circumstances of the case and the existence of motives which call for clemency and commutation.
We have issued this Royal Irada.
Pursuant to the proposal of the Minister of Justice.
For the commutation of the sentence for penal servitude for life passed on the criminal Sattar son of Abdul Jabbar to 3 years hard labour.
Page 62
18
Article 4.—Transactions and contracts made and decisions
issued by the Custodian General under this Law
and the Regulations issued thereunder shall be
valid.
Article 5.—(a) Any person who contravenes the provisions of
this Law and the Regulations issued there-
under or the instructions and orders issued
thereunder shall be punished with imprison-
ment for a term not exceeding two years or
with a fine not exceeding 4000 Dinars or with
both penalties.
(b) The penalties laid down in this Law shall not
prevent the claiming of compensation for
losses caused by the contraventions of the
offender, and the Custodian General or the
person authorized by him may bring a case and
demand compensation from the occasioner
whether in conjunction with the criminal case
or independently in the competent court.
Article 6.—After the coming into force of this Law, the disposal
by any person other than the Custodian General,
of property belonging to the person who has forfeit-
ed the Iraqi Nationality shall be deemed void.
Article 7.—Any interested person who finds in the decisions of
the Custodian General anything prejudicial to his
rights may appeal against the decision to the
Minister within one month of the issue of the
decision. The decision of the Minister shall be
deemed final.
Article 8.—This Law shall come into force from the date of
its publication in the Official Gazette.
Article 9.—The Ministers of the State are charged with the
execution of this Law.
Made at Baghdad this 2nd day of Jamadi al-Akhara, 1368,
and the 10th day of March, 1951.
REGENCY COUNCIL,
JAMIL AL-MADFA'I. HUSAIN BIN ALI,
MUHAMMED AL-SADR.
NOURI AS-SA'ID, | OMAR NADHMI,
Prime Minister and | Minister of Interior.
Minister of Foreign Affairs. |
MUSTAFA AL-OMARI, | MAJID MUSTAFA,
Minister without Portfolio. | Minister of Social Affairs.
MOHAMMED HASSAN KUBBA, |
Minister without Portfolio. |
SHAKIR AL-WADI, | DHIA' JA'AFAR,
Minister of Defence. | Minister of Coms. and Works.
ABDUL WAHAB MURJAN, | HASSAN SAMI TATAR,
Minister of Finance. | Minister of Justice.
KHALIL KANNA. | ABDUL MAJID MAHMOUD,
Minister of Education. | Minister of Economics.
(Published in the Waqayi' al 'Iraqiya No. 2938 date 10th
March, 1951).
Page 63
12
NOTIFICATIONS. ETC.
BY THE COUNCIL OF MINISTERS.
13.—LAW FOR THE ENCOURAGEMENT OF
INDUSTRIAL UNDERTAKINGS
No. (43) OF 1950.
⟦line⟧
No
With the approval of the Senate and the Chamber of Deputies, I
hereby order the promulgation of the following Law :—
Article 1.—In this Law :—
“Minister” means the Minister of Economics.
“Committee” means the Committee for Encouragement of
Industrial Undertakings set up under this law.
“Undertakings” means the establishment which the Committee
determines to be industrial and in respect of which a certificate
has been issued in accordance with the provisions of this law.
Article 2.—The following undertakings shall enjoy the exemptions provided
for in Article 8 subject to the provisions of this law.
Firstly : Undertakings for which essential raw materials
are not available in Iraq.
Secondly : Undertakings for which essential raw materials
are not available in Iraq upon their establishment but may
become available after establishment.
Thirdly : Undertakings whose products are of a kind which
meets Iraq’s economic need wholly or in part and which was
hitherto being imported in large quantities from abroad.
Article 3.—Subject to the provisions of Article 4, the grant of the exemption
depends upon the undertaking fulfilling the following
conditions :—
(a) that the work of the undertaking is carried on principally
by machinery driven by other than manual power.
(b) that the number of non-Iraqi employees does not exceed 10%
of the total number of employees of the undertakings
excluding technical staff whose employment is necessary for
the technical operation and administration of the
undertaking.
(c) that the cost of the machinery, apparatus and tools required
for it—excluding machinery and apparatus for generating
power — does not exceed 5,000 Dinars.
(d) that at least 55 per cent of its capital is Iraqi.
Article 4.—The owner of any undertaking established or desires to be esta-
blished who desires to enjoy the exemptions provided for in this
law shall submit to the Minister an application supported by the
technical details relating to the undertaking. The Minister shall
refer the application to the committee within seven days of its
submission.
Article 5.—A committee consisting of not more than seven experienced and
specialized members shall be set up by decision of the Council
of Ministers on the proposal of the Ministers of Finance and
Economics. The committee shall choose one of its members to be
president, and its functions shall be as follows :—
(1) to confirm that the undertaking is covered by one of the
circumstances provided for in Article 2 and that it fulfils
the conditions laid down in Article 3.
(2) to determine the quantity of raw and packing materials to
be exempted from customs import duties, subject to the
provisions of Article 12.
Page 65
34
property shall then be disposed of in accordance with Law
No. (5) of 1951 and the Regulations issued or to be issued
thereunder. The Minister may lay down instructions
specifying the periods for the purpose of carrying out this
Article.
Article 6.—The ⟦Minister⟧ of Interior shall order the deportation of any one
who has forfeited his Iraqi Nationality under this Law unless
he is satisfied on sufficient grounds that his stay in Iraq
temporarily is a matter dictated by a Judicial or legal
necessity or required for the protection of officially established
rights of interested parties.
Article 7.—(1) Evidence for establishing a claim to property covered by
Law No. (5) of 1951 and this Law shall not be accepted
unless it is in writing and had been certified by an official
authority prior to their coming into force or is based on
commercial books kept according to the double entry system
and certified by a Notary Public and the transaction had
been entered therein prior to the coming into force of the
Law.
(2) Evidence for establishing a debt against persons covered by
the Original Law and this Law shall not be accepted unless
it is in writing and had been certified by an official authority
prior to their coming into force.
(3) Evidence for establishing a lease in respect of property
covered by the original Law and this Law for a term exceed-
ing one year shall not be accepted unless it is supported by
a deed certified by an official authority prior to their coming
into force.
Article 8.—The following phrase shall be added at the end of Article 1 of
Law No. (5) of 1951:—
“but excludes household furniture, provisions and personal
clothing unless the Custodian General decides that they are in
excess of requirements and the Custodian General may exclude
trifling things and sums”.
Article 9.—This Law shall come into force from the date of its publication
in the Government Gazette.
Article 10.—The Ministers of the State are charged with the execution of
this Law.
Made at Baghdad this 14th day of Jamadi al-Thani, 1370, and the 2nd
day of March, 1951.
NOURI AL-SA'ID, | TAWFIQ AL-SUWAIDI,
Prime Minister. | Deputy Prime Minister & Ag.
| Minister of Foreign Affairs.
OMER NADHMI, | SHAKIR AL-WADI,
Minister of Interior. | Minister of Defence.
ABDUL WAHAB MURJAN, | HASSAN SAMI TATAR,
Minister of Finance. | Minister of Justice.
ABDUL MAJID MAHMOUD, | MAJID MUSTAPHA,
Minister of Economics. | Minister of Social Affairs.
KHALIL KANNA, | DHIA' JA'AFAR,
Minister of Education. | Minister of Coms. and Works.
MUSTAPHA AL-UMARI, | MOHAMMED HASSAN KUBBA,
⟦Minister⟧ without Portfolio, | Minister without Portfolio.
Published in the Waqayi' al 'Iraqiya No. 2949 of 22/3/1951).
13
(3) to consider such other matters as may be entrusted to it under
this law.
Article 6.—(1) The committee shall take the necessary decision on the
application referred to it under the provisions of Article 4
and submit same to the Minister within a period not exceed-
ing 20 days from the date on which the application was
referred to it.
(2) Upon the arrival of the decision referred to in the preceding
paragraph, the Minister shall, within 10 days from that
date, either;
(a) approve it; or
(b) ask for any necessary explanation from the committee
once only; or
(c) ask for its reconsideration by the committee, giving the
reason therefore, also once only.
(3) The committee shall decide on the matter referred to it by
the Minister under circumstances (a) and (b) of the preceding
paragraph, within 10 days from the date of the Minister's
request.
Article 7.—(a) If the committee's decision is to the effect that the applica-
tion fulfils the conditions for exemption and this is approved
by the Minister, or if the committee insists on its decision
after having reconsidered it at the request of the Minister
in accordance with the preceding Article, the decision shall
be deemed to be final.
(b) If the committee's decision is to the effect that the applica-
tion does not fulfil the conditions for exemption and this
is approved by the Minister, or if the committee insists on
that decision in spite of the Minister's request for
reconsideration, the applicant may appeal against the
decision in accordance with the provisions of this law.
(c) When the decision is finally issued to the effect that the
conditions for exemption are fulfilled, the Minister shall,
within 10 days from the issue of the final decision issue a
certificate for temporary exemption in the case of undertak-
ings which are required to be established and a certificate
for total exemption in the case of undertakings which have
already been established.
Article 8.—The following exemptions will be enjoyed by undertakings which
fulfil the conditions laid down in Articles 2 and 3:
1. (a) Exemption from income tax and surtax in respect of
profits which do not exceed annually 10 per cent of the
paid-up capital of the undertaking for a period of four
years from the date of coming into force of this law
in the case of undertakings which had been liable to
the tax before the coming into force of this law, and
from the date of chargeability of the tax in the case of
undertakings which had not been liable to tax before
the coming into force of this law.
(b) The exemption of undertakings which had been liable
to the tax before the coming into force of this law shall
be subject to the following:—
The period of exemption shall be reduced in pro-
portion to the number of years in which the profits of
the undertaking exceeded 10 per cent of the four years
preceding the coming into force of this law.
2. Exemption from income tax and surtax in respect of reserve
sums allotted by the undertaking out of its profits for
development, if the undertaking is owned by a limited
public liability company in which no shareholder has
subscribed more than 25 per cent of the paid-up capital,
execluding government and quasi-government institutions
and provided that such sums do not exceed 10 per cent of
the annual profits and that any reserve sum ⟦exempted under⟧
N.O.
Page 66
32
NOTIFICATIONS. Etc.
BY THE COUNCIL OF MINISTERS.
37.—SECOND AMENDMENT LAW No. (10) OF 1951
OF LAW No. (34) OF 1936 FOR THE SALE AND
LEASE OF GOVERNMENT PROPERTIES.
After perusal of amended Article 23 of the Constitutional Law and
with the approval of the Senate and the Chamber of Deputies and by virtue
of the powers entrusted to us, we hereby order the promulgation of the
following Law on behalf of H.R.H. the Regent:—
Article 1.—The following paragraph shall be added to Article 7 of Law No.
34 of 1936 for the sale and lease of Government Properties:
(c) The Minister of Finance may, pursuant to a decision of the
Council of Ministers, let vacant Government sites and miri
lands in a long lease for a period not exceeding ninety years
to charitable societies for use for their charitable purposes,
the amount of rent, the conditions and the period being
prescribed in the lease contract agreed upon between the
Minister of Finance and the society.
Article 2.—This Law shall come into force from the date of its publication
in the Official Gazette.
Article 3.—The Minister of Finance is charged with the execution of this
Law.
Made at Baghdad this 11th day of Jamadi al-Thani, 1370, and the 19th
day of March, 1951.
REGENCY COUNCIL,
HUSSAIN IBIN ALI.
JAMIL ALI-MIDFA'I. | MOHAMMED AL-SADER.
NOURI AL-SA'ID, | ABDUL WAHAB MURJAN,
Prime Minister. | Minister of Finance.
(Published in the Waqayi' al 'Iraqiya No. 2951 of 26/3/1951).
⟦decorative separator⟧
38.—LAW No. (12) OF 1951 SUPPLEMENTARY TO LAW FOR
THE CONTROL AND ADMINISTRATION OF
PROPERTY OF JEWS WHO HAVE
FORFEITED THE IRAQI NATIONALITY
No. (5) OF 1951.
With the approval of the Senate and the Chamber of Deputies, I
hereby order the promulgation of the following Law:—
Article 1.—From the date of coming into force of this Law the property
of Iraqi Jews who had left Iraq under a passport on or after the
first day of the year 1948 shall be frozen and the provisions of
Law No. (5) of 1951 and the Regulations issued or to be issued
thereunder shall be applied thereto.
Article 2.—(a) Any Iraqi Jew covered by Article 1 must return to Iraq
within two months from the date of the notice to be published
under the following paragraph.
(b) Iraqi diplomatic and Consular missions in foreign countries
or diplomatic or Consular bodies looking after the interests
of Iraqis therein shall publish a notice in a newspaper
printed in the Capital of that country requiring all persons
covered by the provisions of the preceding paragraph to
return to Iraq within two months of the date of publication
of the notice.
(c) Any person who being covered by the provisions of the
preceding paragraph fails to return to Iraq within the
period shown in the notice shall be deemed to have finally
left Iraq and shall forfeit his Iraqi Nationality as from the
date of expiration of that period, and to him shall be applied
the provisions of Law No. (5) of 1951 and the Regulations
issued or to be issued thereunder.
Page 67
No. 4
WEEKLY EDITION
Annual subscription
I.D. 1/750 in Baghdad; and
I.D. 2/250 in the Provinces
and abroad
Published b y the Directorate
General of Propaganda
Ministry of Interior.
⟦Kingdom of Iraq⟧
'Iraq Government Gazette.
Baghdad, Dated 27th January, 1952.
TABLE OF CONTENTS.
Serial No. | SUBJECT. | No. of Notification. | Office of Origin. | Page
1. | Second Amendment Law No. (10) of 1951 of Law No. (34) of 1936 for the Sale and Lease of Government Properties ... | 37 | C.M. | 32⟦...⟧
2. | Law No. (12) of 1951 Supplementary to Law for the Control and Administration of Property of Jews who have Forfeited the Iraqi Nationality No. (5) of 1951 ... | 38 | " | 32
3. | Al-Muqaddam Isma'il Khana; Royal Irada regarding retirement on pension of— ... | 39 | " | 35
4. | Dhia' Shkara; Qaimmaqam of Amara Qadha; Royal Irada regarding the grant of advocate judge powers to— ... | 40 | " | 35
5. | Hikmat Amin al-Hashimi; Qaimmaqam Khanaqin Qadha; Royal Irada regarding the grant of advocate judge powers to— ... | 41 | " | 35
6. | Bahir Faiq; Royal Irada regarding promotion of— ... | 42 | " | 35
7. | Abdul Hamid al-Khannaq; Royal Irada regarding promotion of— ... | 43 | " | 36
8. | Abdul Rasul al-Jamali; Royal Irada regarding promotion of— ... | 44 | " | 36
9. | Shakir Jasim, Mahmoud Fawzi and Abdul Qadir Nouri; Royal Irada regarding appointment as teachers and Director of Education respectively ... | 45 | " | 36
10. | William Johnson Hall; Royal Irada regarding appointment as an Expert in the Ministry of Social Affairs ... | 46 | " | 37
11. | Criminal Mahdi son of Sighayir; Royal Irada regarding commutation of sentence of— ... | 47 | " | 37
12. | Criminal Sattar son of Abdul Jabbar; Royal Irada regarding commutation of sentence of— ... | 48 | " | 37
13. | Al-Rais al-Awwal Hassan Sameh Rashid; Royal Irada regarding pardoning of— ... | 49 | " | 38
14. | Advertisement of Trade Marks; Notice No. (222); 1st insertion of— ... | | Registrar of Trade Marks |