AI English Translation, Pages 101-125
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
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.
36
The Minister of Foreign Affairs is charged with the execution of this Irada.
Made at Baghdad this 12th day of Rejab, 1369, and the 29th day of April, 1950.
ABDUL ILAH.
TAWFIQ AL-SUWAIDI,
Prime Minister and,
Minister for Foreign Affairs.
(Published in the Waqayi' al 'Iraqiya No. 2882 of 13/9/1950).
⟦line⟧
(Royal Irada No. 280).
43. We have issued this Royal Irada.
Pursuant to the proposal of the Minister of Foreign Affairs.
For the promotion of Abdul Hamid al-Khannaq from Grade II of Class II to Grade I of the same Class of the Foreign Career.
The Minister of Foreign Affairs is charged with the execution of this Irada.
Made at Baghdad this 12th day of Rejab, 1369, and the 29th day of April, 1950.
ABDUL ILAH.
TAWFIQ AL-SUWAIDI,
Prime Minister and,
Minister for Foreign Affairs.
(Published in the Waqayi' al 'Iraqiya No. 2882 of 13/9/1950).
⟦line⟧
(Royal Irada No. 281).
44. We have issued this Royal Irada.
Pursuant to the proposal of the Minister of Foreign Affairs.
For the promotion of Abdul Rasul al-Jamali from Grade III of Class II to Grade II of the same Class of the Foreign Career.
The Minister of Foreign Affairs is charged with the execution of this Irada.
Made at Baghdad this 12th day of Rejab, 1369, and the 29th day of April, 1950.
ABDUL ILAH.
TAWFIQ AL-SUWAIDI,
Prime Minister and,
Minister for Foreign Affairs.
(Published in the Waqayi' al 'Iraqiya No. 2882 of 13/9/1950).
⟦line⟧
(Royal Irada No. 282).
45. We have issued this Royal Irada.
Pursuant to the proposal of the Minister of Education.
For the appointment of Shakir Jasim and Mahmoud Fawzi al-Uraibi as teachers on the Secondary Schools Cadre and,
The appointment of Abdul Qadir Nouri as Director of Education in Class II of the Civil Service Law.
The Minister of Education is charged with the execution of this Irada.
Made at Baghdad this 16th day of Rejab, 1369, and the 3rd day of May, 1950.
ABDUL ILAH.
TAWFIQ AL-SUWAIDI, SA'AD OMER,
Prime Minister. Minister of Education.
(Published in the Waqayi' al 'Iraqiya No. 2882 of 13/9/1950).
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.
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).
35
(Royal Irada No. 271).
39. We have issued this Royal Irada.
In virtue of Article 37 of the Officers Service Law in the Army No. 31
of 1937.
Pursuant to the proposal of the Minister of Defence.
For retiring al-Muqaddam Isma'il Khana on pension with effect from
18/4/1950.
The Minister of Defence is charged with the execution of this Irada.
Made at Baghdad this 12th day of Rejab, 1369, and the 29th 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).
⟦line⟧
(Royal Irada No. 272).
40. We have issued this Royal Irada.
Pursuant to tthe proposal of the Minister of Justice.
For the grant to Dhia' Shkara; Qaimmaqam Amara Qadha of Class I
advocate judge powers to consider in cases prescribed in the Economic Life
Law No. 41 of 1943 and to exercise the powers mentioned in Article 12 thereof
and Class II magisterial power for purpose of the Irrigation and Bunds Law
which powers to be exercised within the boundaries of his Qadha district.
The Minister of Justice is charged with the execution of this Irada.
Made at Baghdad this 13th day of Rejab, 1369, and the 30th day of
April, 1950.
ABDUL ILAH.
TAWFIQ AL-SUWAIDI, HASSAN SAMI TATAR,
Prime Minister. Minister of Justice.
(Published in the Waqayi' al 'Iraqiya No. 2882 of 13/9/1950).
⟦line⟧
(Royal Irada No. 273).
41. We have issued this Royal Irada.
Pursuant to tthe proposal of the Minister of Justice.
For the grant to Hikmat Amin al-Hashimi; Qaimmaqam Khanaqin
Qadha of 2nd Class advocate judge power as he is a frontier commissioner in
accordance with the agreement concluded between the Iraq and Iranian
Governments which powers to be exercised by him when he is in the capacity
of frontier commissioner only within the boundaries of his Qadha district.
The Minister of Justice is charged with the execution of this Irada.
Made at Baghdad this 13th day of Rejab, 1369, and the 30th day of
April, 1950.
ABDUL ILAH.
TAWFIQ AL-SUWAIDI, HASSAN SAMI TATAR,
Prime Minister. Minister of Justice.
(Published in the Waqayi' al 'Iraqiya No. 2882 of 13/9/1950).
⟦line⟧
(Royal Irada No. 279).
42. We have issued this Royal Irada.
Pursuant to the proposal of the Minister of Foreign Affairs.
For the promotion of Bahir Faiq from Grade I of Class II to Grade III
of Class I of the Foreign Career.
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.
17
14. LAW FOR THE CONTROL AND ADMINISTRATION OF
PROPERTY OF JEWS WHO HAVE FORFEITED
IRAQI NATIONALITY NO. 5 OF 1951
⟦line⟧
After perusal of Article 23 (as amended) of the Constitutional
Law and with the approval of the Senate and the Chamber of
Deputies and in virtue of the power vested in us we, do hereby
order the promulgation of the following Law on behalf of His
Royal Highness the Exalted Regent.
Article 1.—The following expressions shall have the following
meanings:—
“Minister” means the Minister of Interior.
“Custodian General” means the person appointed
by decision of the Council of Ministers to undertake
the operations prescribed in this Law and the Regula-
tions issued thereunder.
“Person who has forfeited Iraqi Nationality”
means any Iraqi who has forfeited Iraqi Nationality
under Law No. 1 of 1950.
“Property” includes immovable property which
belongs to the person who has forfeited Iraqi
Nationality or which is in his possession by way of
security, lease or mortgage or by any other way, and its
sale proceeds, mortgage value, security value, rental,
benefits or profits accruing from it and the rights
attached to it: also deposits, debts, cash, currencies,
shares, bills of lading, bills, of exchange, negotiable
instruments and any right, personal or in kind belong-
ing to him.
Article 2.—(a) Property of persons who have forfeited the Iraqi
Nationality shall be frozen and shall not be
disposed of in any manner whatsoever as from
the date of coming into force of this Law. It
shall be disposed of in accordance with its provi-
sions and the regulations issued thereunder.
(b) A department for the control and administration
of property of persons who have forfeited the
Iraqi Nationality shall be set up in accordance
with a Cadre to be decided by the Council of
Ministers and shall be headed by the Custodian
General. The salaries of the officials of this
Department and the expenses to be incurred
under this Law and the regulations issued
thereunder shall be met out of property at the
disposal of the Custodian General.
Article 3.—Regulations shall, for the purpose of carrying out
the provisions of this Law, be issued in the follow-
ing matters:—
(a) The powers of the Custodian General and the
manner in which the property shall be admi-
nistered, safeguarded, disposed of, frozen and
liquidated.
(b) The duties of real and juristic persons, interest-
ed parties, Government and semi-official
departments and officials with respect to the
manner of disposing of property of persons
who have forfeited the Iraqi Nationality.
14
No
this paragraph and subsequently distributed among share-
holders as profits or in any other form shall be liable to
income tax and surtax. The Council of Ministers may from
time to time decide, after consulting the committee, to
exclude a particular industry from this exemption, if that
industry has become safe from the competition of similar
foreign products.
3. Exemption from customs import duty upon the machinery
and materials which are imported for the purpose of the
undertaking and which cannot be obtained in sufficient
quantities except by importation:
(a) Machinery, apparatus, tools and implements and
building materials required by the undertaking and not
exempted under the Customs Tariff.
(b) Raw and packing materials.
(c) Necessary spare parts.
4. Exemption from property tax for a period of 10 years in
respect of the premises upon which the undertaking is
carried on.
Article 9.—If an undertaking which is enjoying exemption needs vacant
miri (state-owned) land, it may be given on lease — for a period
of ten years free of rent — a sufficient area to be assessed by the
committee and approved by the Minister of Finance, provided
that such area does not exceed 25,000 square metres. The owner
of the undertaking shall have the right to purchase during the
lease at badal mithal such portion of that land as may be
necessary for his undertaking if fixed industrial establishments
relating to the undertaking had been erected thereon. The Minister
of Finance shall recover the allotted land if the undertaking has
not been established thereon or if the owner has ceased to operate
it; he shall also recover that portion of the allotted area which
appears to be in excess of the requirements of the undertaking.
Article 10.—The following transactions which are carried out by limited
liability companies or societies' Annonymes established in Iraq
for carrying on industrial undertakings shall be exempted from
stamp duty :—
1. Document presented to the competent authorities showing
the nominal share-capital of the company.
2. Document showing an increase in the capital.
3. Document showing an extension of the period of the
company.
Article 11.—(1) The temporary permit shall be valid for a period not
exceeding three years from its date, and the owner of the
undertaking shall during this period complete its establish-
ment and notify the Minister thereof during that period.
(2) If during that period the establishment of the undertaking
is not completed the Minister may, extend it for other
suitable periods after consulting the committee, provided
that the committee's recommendations be based on
technical or unavoidable reasons.
(3) If the establishment of the undertaking is completed
within the prescribed period and fulfils the conditions its
owner shall upon his request be granted the total exemption
certificate. If the establishment is not completed the
temporary certificate shall be considered as cancelled.
(4) A second temporary certificate shall not be granted to the
owner of an undertaking whose certificate has been can-
celled if the new undertaking is of a similar type to the
undertaking whose certificate has been considered as
cancelled.
(5) An undertaking which has been granted a temporary
certificate shall enjoy the exemptions mentioned in
paragraphs (3-a), (3-c) and (4) of Article 8 and in Article 9.
WEEKLY EDITION
NO. 2
Annual subscription
Published by the Directorate
I.D. 1/750 in Baghdad; and
General of Propaganda,
I.D. 2/250 in the Provinces
Ministry of Interior.
and abroad.
Iraq Government Gazette.
Baghdad, Dated 13th January, 1952
TABLE OF CONTENTS—
Serial No. | SUBJECT. | No. of Notification | Office of Origin | Page.
1. | Law for the Encouragement of Industrial Undertakings No. (43) of 1950 ⟦line⟧ | 13 | C.M | 12
2. | Law for the Control and Administration of Property of Jews who have forfeited Iraqi Nationality No. (5) of 1951 ⟦line⟧ | 14 | .. | 17
3. | Sayid Victor al-Khuri; Royal Irada regarding the grant of al-Rafidain Order to— ⟦line⟧ | 15 | .. | 19
4. | Sayid Wahid Ra'afat; Royal Irada regarding the grant of al-Rafidain Order to— ⟦line⟧ | 16 | .. | 19
5. | A number of persons; Royal Irada regarding pardoning of— ⟦line⟧ | 17 | " | 19
6. | Royal Irada regarding deduction of sentences of— ⟦line⟧ | 18 | .. | 20
7. | A number of Qaimmaqams; Royal Irada regarding transfer of— ⟦line⟧ | 19 | .. | 20
8. | Ibrahim Ahmed al-Khifaji; Royal Irada regarding despensing of— ⟦line⟧ | 20 | .. | 20
9. | Hussain al-Rahal; Director of Broadcasting Station; Royal Irada regarding appointment of as Director of Local Administration ⟦line⟧ | 21 | .. | 21
10. | Hassan al-Dujaili; Royal Irada regarding appointment of as Director of Broadcasting Station ⟦line⟧ | 22 | .. | 21
11. | Mr. O. Saint Clair Webster; Royal Irada regarding the grant of al-Rafidain Order of Grade IV to— ⟦line⟧ | 23 | .. | 21
12. | Putres Yusif; Reserve Pharmasist Rais; Royal Irada regarding re-stating on pension of— ⟦line⟧ | 24 | " | 21
13. | Election of the Administrative Committee of Mosul Liwa Chamber; notification of— ⟦line⟧ | 1 | M.Eco. | 22
14. | Currency notes; notification regarding destruction of— ⟦line⟧ | National Bank | |
15. | Advertisement of Trade Marks; Notice No. (220); 2nd insertion ⟦line⟧ Registrar of Trade Marks | | |
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.
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.
33
(d) If he returns to Iraq before the expiration of the period,
his frozen property shall be restored to him after deduction
of such administrative expenses as may be determined by
the Custodian General and such sums as may have been
expended by him for the carrying out of the purposes of
the Law.
Article 3.—(a) There shall be excepted from the provisions of Article 2 (c)
any one who proves during the period specified therein that
his stay outside Iraq is due to either of the following
reasons: —
(1) If he is lying ill in a hospital or is with a person who
is lying ill in a hospital and who is one of his ancestors
or offspring up to and including the 3rd degree or is
his wife and the illness prevents him from travelling
and this is confirmed by a medical certificate from a
recognized competent department.
(2) If he is studying and has not completed 27 years of
age provided that this be supported by a certificate from
a recognized educational institute.
(b) Certificates in support of the reasons mentioned in the
preceding paragraph must be attached to a document issued
by the Iraqi diplomatic or Consular missions or by the
bodies looking after the interests of Iraqis in the foreign
country, confirming the veracity of the reason after actual
observation by one of their members or by an official deputed
by them.
(c) If the reason for not returning disappears during the period
and the person concerned fails to return to Iraq within one
month from the date of disappearance of the reason, he shall
be deemed to have finally left Iraq and shall forfeit his
Iraqi Nationality and to him shall be applied the provisions
of Law No. (5) of 1951 and the Regulations issued or to be
issued thereunder.
Article 4.—(1) The provisions of the original Law and the Regulations
issued or to be issued thereunder as well as the provisions
of this Law shall be applied to any Iraqi Jew who had left
Iraq under a passport before the first day of the year 1948
and his property shall be frozen in the following
circumstances: —
X
(a) If he has not been accustomed to reside in a foreign
country, or has been so accustomed but the Govern-
ment sees a reason for his return to Iraq.
(b) If the Custodian General is not satisfied that he has
a Commercial Firm established in a foreign country
prior to the said date with a branch in Iraq carrying
on commercial business or vice versa, or if The
Custodian General is satisfied that he has such a firm
and branch but the Government sees a reason for his
return to Iraq.
(2) For the purpose of applying the provisions of this Article
the provisions of Article 2 of this Law shall be complied
with.
Article 5.—(a) Any Iraqi Jew who had left Iraq after the termination of
the operation of Law No. (1) of 1950 or who leaves or
attempts to leave Iraq illegally after, the coming into force
of this Law shall be deprived of his Iraqi Nationality by
decision of the Council of Ministers on the proposal of the
Minister.
(b) Any Iraqi Jew who leaves Iraq under a passport after the
coming into force of this Law shall return to Iraq within
the period recorded in his passport.
If he fails to return at the end of the period the
Council of Ministers may on the proposal of the Minister
decide to deprive him of his Iraqi Nationality, and his
No. 4
WEEKLY EDITION
Annual subscription
I.D. 1/750 in Baghdad; and
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Published b y the Directorate
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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 |