The Ministry of Irrigation
Decree 124 for the Year 1986
Concerning the Organization of the Fund Instituted in Article 103 of the Irrigation and Drainage Law Issued in Law 12 for the Year 1984

The Minister of Irrigation
After viewing Law 53 for the Year 1973 regarding the State's Public Budget and its Executive Regulations,
Law 127 for the year 1981 concerning the Government Accountability and its Regulations,
Irrigation and Drainage Law issued in Law 12 for the year 1984,
And according to what the State Council held,

Has decided

Article 1

The Irrigation Department shall supervise the Fund instituted in accordance with article 103 of the Irrigation and Drainage Law referred to.
 
Article 2

The administration of the Fund shall be assumed by a council formed in the following manner :

The head of the Irrigation Sector at the Irrigation Department …….........................................…..President.
The head of the Irrigation Central Department at Giza governorate…......................................…...member.
One of the heads of the Central Departments of the Egyptian Public Authority for Drainage Projects selected by the head of the Authority……..............................................................................….……member.
One of the heads of the Central Departments of the Egyptian Public Authority for Shore Protection selected by the head of the Authority……………...............................................................................member.
One of the Minister of Interior's assistants chosen by the Minister…...........................................…member.
A member from Al-Fatwa Department of the Ministry of Irrigation at the State's Council selected by the Chairman………………........................................................................................................................ member.
A representative from the Ministry of Finance selected by the Minister of Finance…………………………………………………....................……..……...................................member
The Chairman of the Central Department for Financial and Administrative Affaires at the Irrigation Department……….................................................................................…..member and a secretary general.

 
Article 3

The Board of Directors of the Fund shall be responsible for controlling the Funds affaires and conducting its administration. The Board shall have the right to take the decisions necessary for achievement of the goals for which the Fund was originally established. The Board of Directors shall have the power in particular to:

A) Draw the Funds' policy and direct its activities in terms of the stated plan.

B) Organize the work at the Fund and supervise its affaires.

C) Approve the Fund's Annual Budget Draft and settle its final account.

D) Examine the periodic reports presented regarding the Fund's work progress as well as its financial state.

E) Approve delegating employees for working at the Fund.

Article 4

The Fund's Board of Directors shall convene via an invitation of the Chairman at least once a month and whenever is needed.

The invitation shall be directed to the members accompanied with the agenda for attending the meeting long enough before the time set for convention. The convention shall not be held valid except with the attendance of the majority of its members. The resolutions shall be issued with the approval of the majority of votes of the present members. In case of equality of votes, the casting vote shall be the president's.

The Board's resolutions shall not be effective unless approved by the Minister of Irrigation.

Article 5

The minutes and resolutions of the sessions of the Board of Directors shall be written down in a special record, and signed by the head of the session and secretary general.

The Fund's Secretary General shall deliver the Board of Directors' resolutions to the competent authorities.

Article 6

The Chairman of the Board of Directors shall assume the following specialties:
    1- Follow-up of the implementation of the Board's resolutions
    2- Examine the urgent issues, take the necessary actions, provided that they shall be presented  to the  Board in its first meeting for sanction. 
    3- Issue the necessary resolutions for maintaining work progress.
    4- Follow-up of the measures adopted by the competent authorities for restoring the original state.

In case of absence of the Chairman of the Board of Directors for any reason, the most senior head of an Irrigation Central Department from the Board members shall undertake his responsibilities.

Article 7

The Fund's Secretary General shall supervise the Fund's financial and administrative affaires, bookkeeping and budget.

Article 8

A special account for the Fund shall be open at the Egyptian Central Bank after approval of the Ministry of Finance. Payment from this account shall be done via checks signed first by the Chairman of Board of Directors or the Funds' Treasurer, second by a representative from the Ministry of Finance, the accounts manager of the Irrigation Department or his vicegerent.

Article 9

The Accounting Unit of the Ministry of Irrigation shall supervise over the sources and uses of the Fund, specify independent books for these resources and uses. The provisions of Section Four of the Regulations of Governmental Accountancy Law referred to shall apply to the Accounting Unit.

The Fund shall use the accounting printings with the value stated in the administrative authorities. It shall be allowed via a resolution of the Chairman of the Board of Directors to use the models, books and other records suiting the nature of the Fund's work, determining its forms, data, ways of use and means of monitoring.

Article 10

The fiscal year shall start with the beginning of the fiscal year of the State, and shall expire upon its expiry.

Article 11

The Fund resources shall comprise the following:

A) Revenue of the charges of issuance of the licenses stated in the law and renewal charges.

B) Revenue of fines and money collected from the violators.

C) Money retrieved from the violators of expenditures of restoring the original state.

D) Permanent insurances collected for licensing works inside the territories of Irrigation (1).

 
2. Grants, gifts, donations and wills that conform to the Fund's purposes and that shall be accepted   by the Board and approved by the competent authorities.

Article 12

The Irrigation Department and the competent authorities, each in his competence, shall levy the charges and expenses of restoring things to original state as well as the fines imposed according to the Irrigation and Drainage Law referred to and provide the board of the Fund with the value of the money collected monthly within the first ten days of the month following the collection for depositing it in the Fund's account.   

Article 13

If the violator does not restore the former state, the Irrigation Department and competent authorities, each in its competence, shall prepare an estimate for restoring things to original state to be submitted after study to the Chairman of the Board for sanction and approval to send a check with the value as a trust to the competent authority that shall register the money in debitors amounts that are under settlement in its books and spend them on removal of the violation. Spending should not exceed the amount deposited as a trust unless with a prior approval by the Chairman of the Board.

The Chairman of the Board may delegate competent general directors in the Public Departments in the governorates in certifying the estimate referred to.

Article 14

After restoring matters to its former state, the competent authorities referred to in the previous article shall furnish the Fund with the final account to settle the value at the Funds Books with paying back the residual amounts if they exist. The Fund shall register the actual expenditures in the account of the third party due debts and follow up these authorities in collecting and providing them to settle this account. These authorities shall keep the books of these debts and follow up their collection and provision to the Fund. 

Article 15

It shall be allowed to delegate some of the employees full-time or part time to perform the duties assigned to them and needed by the Fund. Their deputization shall be approved and the monthly reward shall be determined via a resolution from the competent authority according to the provisions of laws and regulations.   

Article 16

The Minister of Irrigation shall issue a decree regarding determination of rewards for the Chairman and members of the Fund's board of directors and in addition to attendance payment in accordance with the presidential decree number 71 for the year 1965.
 
Article 17

The Fund's General Secretary shall prepare the budget draft after assessing the revenues and expenditures to be shown to the Fund's board of directors long enough before the beginning of the fiscal year for approval and sanction by the Minister of Irrigation and delivery to the Ministry of Finance to be included in the budget draft of the Ministry of Irrigation.

The final account shall be made at the end of the fiscal year and approved by the board of directors and shall be sent to the competent authorities taking in consideration the provisions of law 53 for the year 1973 and its regulations.             
 
Article 18

For that which is not covered by a particular provision in this system, provisions of Law 53 for the year 1973 with its executive regulations and law 127 for the year 1981 with its executive regulations in addition to all the effective laws and regulations shall take effect.
 
Article 19

This resolution shall be published in the Egyptian Gazette.

The Minister of Irrigation
Engineer/ Essam Rady