|
STATUTES
|
|
To centralization all the Pahlavi
Clan properties and those who had obtained illegal treasures by the affiliation
to this family and also the Revolution court has decided or decides to retract the
mentioned properties , and owning the properties on behalf of the deprived people
and consuming all of it`s incomes in improving the life situation and specially
the housing of the poor, according to the command of Imam Khomeini ( the supreme
leader of Iran) and authorizing by the Revolution Council, an institute was established
by the name MOSTAZAFAN FOUNDATION , which is running according to the statute articles
and it`s bylaw regulations that are provided from the statute . Mostazafan Foundation
statute was codified and provided on 28th Jun 1979 and related reforms were applied
on Jun 1979 , Dec 1980,May1990 and finally on August 2004 . Now the latest statute
of MOSTAZAFAN FOUNDATION is codified in 19 articles in 2004 as following :
|
|
|
|
Articles of statute:
- Article (1): NAME
BONYAD MOSTAZAFAN Islamic Revolution , is a Islamic Revolution Foundation which
in this statute is called & abbreviated to BONYAD .
- Article (2): ESTABLISHMENT
BONYAD is established since 28th Feb 1978 by command of the supreme leader of ISAMIC
REVOLUTION , Imam Khomeini for unlimited time .
- Article (3): ALLEGIANCE
BONYAD has Islamic Republic of Iran nationality.
- Article (4): JURIDICAL PERSONALITY & FINANCIAL INDEPENDENCY
BONYAD is a foundation sourced of Islamic Revolution , a non-benefit foundation
and , has a juridical personality and financial,administrative & employment independency
, which is run under high supervision of the great leader of IRAN and according
to this statute regulations and it`s internal bylaws .
- Article (5): MAIN LOCATION OF BONYAD
The main center of Mostazafan Foundation ( MF/BONYAD ) is in Tehran and just in
case of need , can establish a representative in or out of the country .
Note : establishing a branch or a staff in abroad is limited to the Board of Trustees
.
- Article (6): BONYAD GENERAL AIMS
Bonyad general aims concludes helping to increase the monetary , spiritual & cultural
life level of the deprived people and the poor of the society along with better
run of it`s under controlled properties and effective presence in the economic fields
according to the general strategies of the government .
- Article (7): BONYAD CAPITAL
Capital of Bonyad conclude of pure properties and liquid & non-liquid assets which
are presented to Bonyad or according to the command of the leader is possessed or
will possess to Bonyad or as a result of economic activities of Bonyad is or will
be obtained .
Note : acceptance of properties or economic units and or stock of companies depends
on the expedient of BONYAD .
- Article (8): GENERAL DUTIES OF BONYAD IN THE FIELDS OF ECONOMIC
& DEPRIVED PEOPLE ARE AS FOLLOW:
a) General duties in economic field activities :
- Evaluate , save and run of assets and just in case of need , changing them to
productive properties.
- Saving objects , documents and historical testimonies and use of them in cultural
development of the country.
- Better running of economical units, integrating , changing and developing of them
in order to presence in civil & international fields.
- Developing of BONYAD economic ability and also performing productive & service
activities , so as to increasing the national production,income acquisition , developing
competence atmosphere and helping to perform the aims and strategies of Islamic
Republic of Iran.
b) General duties of helping to the deprived people: :
- Performing auxiliary and public benefit activities , so as to decrease of depravity
of the poor in skeleton of commanded discretion of the great leader of Iran.
- Article (9): PILLARS
Pillars of Bonyad conclude of :
- Trustee Board
- President of BONYAD
- Auditor & inspector ( supervision pillar )
- Article (10): TRUSTEE BOARD ( Bonyad Meeting )
Bonyad Trustee Board with president of Bonyad membership and four to six person
as the great leader of Iran trustees , will undertake the public meeting duties
of Bonyad as following :
Note 1) : Trustee Board will be officialized with the presence of the most members
of the board and it`s decisions will be passed by the most existing members .
Note 2) : Running the Trustee Board affairs will be performed according to the ratified
bylaw .
: 10 - 1 Studying the necessary changes in the statute and
proposing it to great leader (Ayatollah Khamenehiee) for ratification .
Note : Revisory proposals will exclusively be introduced by the chief of BONYAD
in Trustee Board session .
2 - 10 : Studying and ratify huge strategies and periodic program by the president
of BONYAD offer, according to the general strategies of the Great Leader ( Ayatollah
Khamenehiee ).
3 - 10: Listening the provided reports of BONYAD president and also studying & ratify
the financial statements of BONYAD according to the auditor report and the legal
inspector .
4 - 10 : Study and ratifying the budget & program totalities of BONYAD
5 - 10 : Ratifying BONYAD chart and huge duties statement , according to the president
offer.
6 - 10 : Ratifying transaction & financial bylaws , concluding properties & real
state buy and sale styles , and taking from the coffer & investment operations by
the offer of BONYAD president .
7 - 10 : Study and decision making about the offers of BONYAD president .
8 - 10 : Presenting the Trustee Board (Meeting) biannual report to Great Leader
( Ayatollah Khamenehiee ).
9 - 10 : Deciding about subjects devolved to the Trustee Board from Great Leader
.
10 - 10 : Trustee Board by keeping the responsibility can devolve part of it`s duties
to the president of BONYAD .
- Article (11) : AUDITOR & INSPECTOR (supervision pillar)
BONYAD auditor & inspector(supervision pillar) duties is undertake of the Audit
& Inspection Deputy of Great leader Staff , that conclude ; auditing , programming
control , budget , regulating and turn & case inspections .
- Article (12) : BONYAD PRESIDENT
BONYAD president is appointed by the Great Leader as the highest authority of BONYAD
and is responsible for performing and implementing of all affairs , and guiding
the activities and keeping BONYAD rights & benefits , he will do his duties in this
statute framework and ratifications of the Trustee Board.
- Article (13) : BONYAD PRESIDENT DUTIES & AUTHORITIES ARE AS
FOLLOWING :
: 13- 1 Implementing the duties that are devolved from the
Great Leader( Ayatollah Khamenehiee ) .
2- 13 : Running BONYAD affairs and making decision about how doing them.
3- 13 : Establishment , partnership , developing and breaking up the companies &
institutes and internal or external agencies of BONYAD .
4- 13 : Implementing BONYAD proprietary rights in all fields such as; in companies
public meetings and making decision for them on behalf of BONYAD.
5- 13 : Representing for BONYAD in all authority centers and signing documents &
undertaking papers.
6- 13 : Referring the quarrels and claims to arbitration or forums .
7- 13 : Ending the quarrels and claims by peaceful agreement according to the Trustee
Board ratified bylaw.
8- 13 : Debt collecting , undertaking and paying BONYAD debts . .
9- 13 : Presenting annual turnover report and BONYAD financial statements to the
Trustee Board.
10- 13 : Selecting , deposing and appointing BONYAD deputies & managers and making
decisions for it`s staff .
11- 13 : Providing BONYAD fundamental pillars chart (general chart) and financial
& transaction bylaws for offering them to Trustee Board .
12- 13 : Ratifying BONYAD detailed structure and current rules & instructions in
framework of the organization and general ratified description duties .
13- 13 : Study and ratify of investment operations and BONYAD developing projects
in framework of general ratified programs .
14- 13 : Provide & adjusting the goals , general strategies , periodical programs
and annual budget of BONYAD for offering to the Trustee Board so as to be ratified
.
15- 13 : Recognizing , undertaking , confirming , paying and spending BONYAD funds
in budget frame and transaction & financial bylaws .
16- 13 : Study and ratifying deputies` program and detailed budget of BONYAD and
it`s subsidiary sections .
17- 13 : Issue and notifying BONYAD executing instructions .
18- 13 : Ratifying BONYAD internal standards and regulations ( after expertise and
legal surveys ) .
19- 13 : Keep and protecting BONYAD properties & assets , implementing proprietary
rights about them , saving the accounts , opening needed account for BONYAD in the
banks & credit financial institutes in and out of the country , and issue of permission
for opening all kind of accounts by the subsidiary sections .
20- 13 : Proposing the vice president to the Great Leader and issue the appointing
sentence after His confirmation .
21- 13 : Credit acquisition and borrowing from banks and institutes pro BONYAD and
, undertaking , guarantee , endorsement , acceptance , payment , trade papers protest
, issue of permission for credit acquisition from banks & institutes by BONYAD subsidiary
companies & sections in frame of periodical and annual ratified program & budget
.
22- 13 :Contracting of any kind , changing , converting or revocation and reduction
it , buy & sale , exchanging the properties , machinery , bid & outcry Within the
transaction and financial bylaw .
23- 13 : Lawsuit in courts , defending & response to any kind of administrative,
punitive & legal claims in all juridical centers , ministerial , register offices
, army ,municipalities , advocating of any true or legal persons (in or out of the
country) and ; in general enter and participating in any lawsuits & claims that
one side is BONYAD or somehow related to it , with authority of determining lawyer
or legal agent in about justice agents authorities and assignment to them for the
needed authorities .
24- 13 :Performing complete organizing between all organizations & deputies and
guiding the activities in order to realization of BONYAD goals .
25- 13 : Accepting of properties , economic units , shares or stock shares of companies
so that they entail BONYAD gain & advantage .
26- 13 : Making decision and action of any kind about other not predicted options
in framework of BONYAD statute and Trustee Board ratifies .
BONYAD president , with holding the responsibility , can assign duties & authorities
of this article to BONYAD authorities and staffs with the right Of substitution
to others even continuously.
- ARTICLE (14) : ORGANIZATION
a)Huge organization chart of BONYAD by the offer of the president will be ratified
by the Trustee Board according to this statute .
b)The vice president will be appointed by recommendation and sentence of BONYAD
president and confirmation of the Great Leader.
c)Giving services to the poor & deprived people will be accomplished in framework
of the Great Leader interests and according to the ratified periodical annual program
& budget.
Note : BONYAD president can give these services by means of it`s internal organizations
or other organizations and institute out of it.
- ARTICLE (15) : INVENTORIES & CALCULATIONS
a)BONYAD financial annual begins from the 1th of Farvardin (21th Mar) each year
and will end to the end of Esfand (20th Mar) same year .
b)BONYAD account inventories will be kept in it`s main location place and for supervision
execution will be accessible to auditor & inspector in all the ordinary times .
c)Financial statements which contain BONYAD annual account , will conclude balance
sheet , benefit & detriment account , financial situation changes and funds turnover.
These financial statements , like ordinary regulations & customs , will be provided
by BONYAD president and along with annual turnover report will be presented to BONYAD
auditor & inspector . The auditor & inspector then , will present their reports
at most during a month to the Trustee Board .
d)Inventories compilation and presenting BONYAD financial reports should be in a
way that , BONYAD`s previous year accounts & turnover be ratified by the Trustee
Board at most before Tir month (Jun) and , BONYAD and it`s subsidiary collection
accounts ( which would have been ratified by the related meetings ) , and BONYAD
general turnover along with the auditor & inspector assessments should be presented
at most till the end of month Mehr (Oct) to the Trustee Board and be ratified by
it .
e)Ratifying BONYAD accounts by the Trustee Board is similar to confirmation & acceptance
of the managers turnover and their annual balance and , will be trenchant and indispensable
.
- ARTICLE (16) : FUNDS CONCENTRATION
BONYAD treasure is created by it`s general incomes from the benefit of investments
, selling assets & properties and the funds gained of the taxes from all the subsidiaries
which are concentrated in there .
Note : withdrawal of money from the concentrated accounts for any cases such as
: costs ( for deprived people & the staff ) investments and development projects
, are in the framework which will ratify by the Great Leader ( Ayatollah Khamenehiee
).
- ARTICLE (17) : LIMITAIONS
a)BONYAD transactions with it`s chief & managers and their relatives & relatives
in law to the third degree persons will be forbidden in general , directly or indirect.
b)Performing transactions like BONYAD transactions which entails competence with
BONYAD operations is forbidden for it`s managers & authorities .
c)Giving any kind of discount and gratuitous assignment of properties or giving
loan and credit to institutes & persons will be permited in at least necessity and
according to the Trustee Board ratified regulations .
d)Giving loan & credit to BONYAD managers and authorities is merely in accordance
with the bylaw which will be ratified by the Trustee Board .
Note : Trustee Board will determine the borders & boundaries of the said limitations.
- ARTICLE (18) :
BONYAD dissolution , solution and merger is on the opinion of the Great Leader.
- ARTICLE (19) :
This statute was confirmed in (19) article and (9) notes by signature of the Great
Leader ( Ayatollah Khamenehiee ) and he let BONYAD president to act for registration
and execution of it .With ratifying this statute , all the contrary regulations
of it will be abrogated .
Explanation :
Revisions subject of the notifications numbers : 1/7006dated
1383/3/6 (27th May 2004) , 1/9522
dated 1384/8/16 (7th Nov 2005 ) , 1/10315
dated 1385/2/3 (23th Apr 2006 ) of staff of the Great Leader
are implemented .