The
administrative regulation of the shipping chamber
The
shipping chamber protects the mutual interests of its members and defend
them and represent them before the authorities and contributes in
developing the marine shipping and up grade the competence of members
and shall undertake all works which may enable it to achieve its
objectives particularly the following :-
*
Coordination and cooperation with other Arabic and world authorities ,
institutions and federations which relate to its duties .
*
Contribution in the study of law bills , resolutions and regulations
relating to marine shipping and to negotiate them and submit proposals
to the concerned authorities in respect of any issue which may seem
appropriate for the promotion of shipping service .
*
Supervision on the participation of shipping agencies and companies in
the committees and conference and symposiums which are required to
attend for public interest .
*
Concluding of symposiums and shipping conferences and internal or
external participation therein .
* To
give opinion and comment on all issues concerning marine shipping and
cooperation in the settlement of conflicts brought to it for
reconcialiation or arbitration as per the agreement of the concerned
parties .
*
Certification on bails and the financial ability of the concerned
parties , shipping certificates ,invoices and the genuiness of
signatures stated therein.
*
Settlement regulation of issues of inspection expertise and the
determination of their fees and the settlement of maritime damages .
*
Issuance of periodical shipping publications relating to shipping
affairs and participate in the publications issued by other shipping
authorities .
*
Determination of oil inspection and goods tarrifs inside
*
Preparation and set out protection adjustment for the national importer
and exporter via the sea according to the government principles and
regulations and the follow-up of its performance .
Article 3
:
The general assembly shall have the following powers :
1-
Review of the administrative committee report in respect of the chamber
activity and its financial position .
3-
Approval of budget and final accounts for the previous financial year
and the approval of the estimated budget .
4-
Proposal for amendment of the chamber law or the amendment of its
internal regulations .
5-
Viewing the submitted proposals from the members within the legal period
.
6-
Viewing issues that the administration committee seem to submit thereto
.
The
general assembly shall hold at least one ordinary meeting within the
three months following the expiry of the financial year of the chamber .
The
general assembly may hold an extra ordinary meeting upon the request of
its president or his representative or upon a justified request
submitted by one third of its members at least and the extraordinary
meeting of the assembly shall not be correct unless attended by three
quarters of members minimum and if the quorum is incomplete , the
meeting shall be adjouned for seven days and the second meeting shall
not be correct unless attended by half of the number of members at least
.
The
general assembly meeting shall be held at the chambers location upon an
invitation directed by its president to all members entitled to attend
the meeting and the meeting invitation shall include the date , place
and the work table of the meeting .
Article 7 :
The
meetings of the general assembly shall prescribed by the president or
his representative and the general assembly shall not discuss issues not
stated on the work table except the urgent issues that occurred after
the meeting invitation.
The
general assembly meeting shall be considered valid if the number of the
present members is half of the invited members minimum and if the quorum
is incomplete , the general assembly shall be invited to another meeting
within one month maximum from the date of the first meeting and this
meeting shall be valid with any number of the present members .
The
decisions of the general assembly shall be taken by the absolute
majority of the present members votes and if the votes are equal the
president shall have the casting vote . In the event of the amendment of
the chamber law , the decision shall be taken by the majority of three
quarters of the present members and no amendment shall be allowed except
with the presence of two thirds of members entitled to attend the
meeting of the general assembly minimum.
The
minutes of the general assembly meetings and decisions shall be written
on special record and signed by the president .
Chapter 3 : The administrative committee :
Article 11:
The
administrative committee shall take any appropriate decision for
achieving the chamber objectives and administrative of its affairs and
disposal of its property and particularly shall undertake the following
:-
*
The approval of tenders and bids provided by the chamber .
*
The appointment of necessary employees for running the chamber works .
*
The formation of marine delegations and the determination of its
functions and study of its works results .
*
The approval of participation in conferences , symposiums , and meetings
held abroad .
*
Study and preparation of reports and recommendations for the improvement
of shipping agencies activities and the related legislations.
*
Registration and cancellation of members
*
Proposal of registration fees and membership fees amendment .
*
Decision in related issues conveyed by the general assembly .
The
secretary of the administrative committee shall be responsible for the
following : -
*
Supervision and follow-up of the chambers works
*
Presidency of administrative committee meetings
*
Signature of appointment decisions as per the applicable legislations .
*
Representing the chambers in its relations with others and before the
judiciary .
*
Signature of contracts and agreements in which the chamber is a party .
*
Signature of checks orders with the general secretary of the chamber or
the representative of the administrative committee for this purposes .
*
Supervision on the preparation of the chambers cadre .
The
general secretary of the chamber under the control of the administrative
committee shall manage the administrative and financial affairs of the
chamber and particularly shall do the following :-
B-
The receipt of joining applications and investigation and test document
prior to its submission to the administration committee for approval and
the registration of accepted members with the chamber and keeping of the
chamber members record.
E-
To perform any other duties assigned to him by the general assembly or
the administration committee .
The
administration committee may authorize its secretary or a member or more
of its members to perform some of its powers with a decision issued
thereby and under all cases , the authorization shall not include the
preparation of estimated or annual budget or final accounts ,
The
meetings of the committee at the chamber location whenever necessary
upon the request of the secretary committee or his representative and
the committee shall meet once each month at least and the meeting shall
not be correct unless attended by the majority members including the
secretary or his representative and the committees shall take its
decisions by majority votes and in the event of equal votes the
secretary shall have casting vote .
The
administration committee may be invited for extraordinary meetings upon
the request of its secretary or upon the request of three of its members
.
The
meeting invitation shall be directed enclosed with the works table prior
to the date of the meeting with three days minimum except when necessary
and the time and place of meeting shall be specified and the meetings
are not allowed to be held outside the chamber location unless decided
by the majority when necessary to be held in an another places and these
procedures are not applicable if the invitation is for urgent meetings .
Article 18 :
The
committee shall hold its meetings on the determined times in the
invitation letter and if the quorum is incomplete as per article 15 of
this regulation , the meeting shall be adjourned for a period not less
than two days and not exceeding eight days and the secretary of the
committee or his representative shall inform the absent members of the
new date and in this case the committee meeting shall be valid in the
presence of any members .
Article 19 :
The
negotiations , decisions and recommendations of the administration
committee shall be deemed to be confidential and the members and
employees of the chamber shall not be permitted to disclose it to others
in any manner and were prohibited to grant any copy or extract of the
meetings minutes except with the approval of the committee .
The
administration committee may authorize some of its powers to its
secretary or the general secretary of the chamber or to delegate one of
them to perform some duties and the delegation decision shall determine
the period and nature of powers or the duties of the delegation .
The
administration committee may form a committee or more from among its
members for the study and follow-up of any issue and seek assistance
from any one that may seem necessary to get use of its opinion or
experience and shall determine suitable consideration for his services
to the chamber .
The
members of the administration committee are not personally liable for
any of this chamber's obligations or responsibilities by reason of
performing their duties and within their jurisdiction limits as per the
applicable laws .
Article 23 :
Any
natural or legal person licensed to exercise the shipping works and
agencies or any activity related to them may request to be a member of
the chamber from the date of the license .
The
registration applicant shall not be considered as a member except after
the payment of the determined fees and any member must pay to the
chamber within the first month of each year the annual membership fees .
The
registration of members with the shipping chamber shall be performed by
an application submitted by the applicant in a form prepared by the
chamber for this purpose enclosed with a copy of the activity exercise
license issued from the concerned authority .
The
administration committee may cancel the member who has not paid the
annual membership fees in the determined period by a notice requesting
him in writing to pay the fees within fifteen days of the date of expiry
which has been determined for payment and shall be re-registered after
the total payment of fees.
The
chamber administration committee may terminate membership in the
following events :
2-
If the member has been a party to a suit or conflict against the chamber
in his capacity as a lawyer , expertise or an arbitrator .
3-
If the member exercises other activity than the licensed one .
4-
If the member is absent in the general assembly meetings for more than
three respective meetings without justification .
The
termination of membership shall be made by a detailed decision from the
chamber administration committee notified to the concerned party within
fifteen days from the date thereof by a registered letter enclosed with
receipt acknowledgement .
The
terminated member shall be entitled to appeal against the decision
within sixty days from the receipt of the decision or raise the appeal
before the secretary of the general peoples committee for utilities ,
tourism and transportation.
The
members : -
Marine member of the concerned marine department , legal element and the
committee shall raise the recommendation to the secretary for decision
making of the concerned and the decision shall be final .
If
the terminated member has submitted his appeal after the determined
period in the above article , the decision of the administration
committee shall be valid as regarding the termination of his membership
and shall not be allowed to appeal except with a judicial judgment
issued by the concerned court .
Article 31 :
The
civil service law No. 55 of the year 1976 and its execution ordinance
and the legislations issued in accordance thereto shall be applicable on
cases not provided for in this chapter .
Article 32 :
The
appointment at the chamber shall be done as per a decision provided by
the administration committee within the limits of specialties and
experiences necessary for running the work and within the scope of its
needs as per the applicable laws .
Article 33 :
The
salary shall not be less than the minimum level of the determined grade
for the occupation and the appointment grades shall be specified
according to the law No. 15 of the year 1981 and the execution
resolutions thereto and all taxes , social security contributions shall
be deducted as per the provisions of laws .
The
salary and other dues shall be calculated from the date of the actual
commencement of work .
The
employees upon appointment shall be subject to a probationary period for
three months commencing from the date of the actual work and may be
extended when necessary for the same period by a decision from the
secretary of the administrative committee prior to the expiry of the
first period and if the employee is proved to be in appropriate during
this period his services may be terminated and if he completed the
probationary period successfully he shall be deemed to be fixed on his
position .
Special employment contract not subject to the provisions of the
regulation may be entered into for the performance of certain work and
certain period as per the work conditions against lump sum allowance .
The
delegation and seconding at the chamber shall be subject to the
provisions of the applicable legislations .
Article 38 :
Allowance may be granted from time to time as per the applicable laws
for those who participate in provisional committees works formed for
purposes relating to the chamber activity whether employees of the
chamber or not provided that the chambers employees participation shall
not be during the official working hours.
The
weekly working hours and days in the week and leaves and the working
hours shall be according to the applicable laws and the law of the
official leaves.
The
additional working hours shall be determined by the actual period
consumed in the work to be performed out side the official working hours
and in all cases must not exceed four hours maximum per day or the
official leave and the allowance of overtime shall be calculated
according to the applicable laws .
Article 41 :
The
employee at the expiry of his services shall be entitled to cash
allowance for the due leave provided that it shall not exceed two months
.
The
administration committee may within the limits of the budget credits
grant according to a decision therefrom the incentive allowances to the
employee performing work entitled to be paid incentives and has visible
impacts on the public interest of the chamber .
Article 43 :
The
chambers employees shall be subject and in compliance with all laws ,
regulations and the decisions regulating employment and shall be subject
to penalties provided in those legislations .