CHAPTER EIGHTEEN:

Urban and Rural Development

 

ARTICLE 133-

   A- Government is authorized to transfer the proprietorship of the water and sewer installations installed prior or after the establishment of the water and sewer companies, as discerned by the Ministry of Energy, to these companies.

   B- All the sovereignty mandates pertaining to Ministry of Energy currently performed by the water and sewer companies are to be separated and transferred to Ministry of Energy.

   C- The water surcharges, connection charges, and the cost of waste-water disposal are to be determined on the basis of the recommendations of the water and sewer company in the framework of the criteria and the ceiling approved by the Economic Council as well as the city Islamic council.  The new towns without the city council are subject to the rates adopted by the nearest city.

ARTICLE 134-  Issuance of any permit for exploitation of the surface or underground water and using the city’s water supply network for large production, industrial, animal husbandry and service units and other uses that generate large quantity of waste-water, and also the continued use of the previously issued permits will be subject to provision of sewage collection installation and hygienic collection of the sewage and hygienic treatment of the waste-water. Until the proper installations are built, the contaminating water users will be fined according to the type and intensity of the contamination caused by their operation, and on the basis of a by-law and the rate approved by government.  The proceeds will be settled with the Treasury, equivalent of which will be granted to the Department of the Environment through a special credit line to be provided in the annual budget law in order to finance programs in the areas of qualitative conservation of water resources and hygienic treatment and disposal of the waste-water. The executive by-law of this Article shall be prepared by Ministry of Energy in cooperation with the Department of the Environment and other concerned agencies and presented to the Cabinet for approval.

ARTICLE 135- Authorization is granted to all ministries and government agencies possessing cultural, art, sport, health, medical care, rehabilitation, educational, administrative and military centers that are subject to change of use according to the adopted city plans, to sell off the said centers through tender and settle the proceeds with the Treasury, and use equivalent of these funds according to the annual budget laws, to replace, complete, and renovate  similar centers; and also for repair and maintenance purposes.

ARTICLE 136-  Taking into account the capabilities of the municipalities, government is authorized to delegate to municipalities those functions of the executive agencies pertaining to the municipal administration as deemed necessary and recommended jointly by Ministry of the Interior and the State Administrative and Employment Affairs Organization, together with the required financial resources.

ARTICLE 137-

   A- In order to accelerate development of rural areas in general, and to improve the means of subsistence of the rural inhabitants in particular, government is required to undertake the following measures during the Plan period:

     1- To determine the role and jurisdiction of the mandates and relationships between the agencies and entities connected with rural development, aiming at reorganization of these functions and elimination of the parallel and similar activities.

     2- To delegate part of duties of the public executive agencies to the Islamic councils and local bodies and non-public institutions and enterprises.

     3- To determine criteria for the infrastructure services in the rural environment, structuring, zoning and provision of services,  ordering and equipping the country’s rural areas on the basis of the adopted development plans.

     4- To support the non-governmental institutions that mobilize the micro-credit (funds) such as the rural development funds in order to provide the rural inhabitants with the facilities needed for socio-economic and cultural activities.

      5- To re-arrange the rural spaces and settlement pattern aimed at coordinated and harmonized agricultural, industrial and service activities through proper distribution of population and optimal dispersion of services in the rural environment, and to support their execution.

     6- To promote private and popular investments in the rural environment through provision of the proper facilities particularly for the employment-generating investments and payment of a portion of the interest of the granted financial facilities in the undeveloped regions.

     7- To organize and support settlement of the tribes as they may volunteer to do so.

   B- In order to give identity to the form and the physical structure of the country’s cities, towns and villages, conform the specifications of all residential and non-residential buildings of the country with the particular attributes of the Iranian/Islamic (indigenous) architecture and city building, observe the principles and criteria pertaining to the design and execution of the outward appearance of buildings, as well as  urban and rural design; and to prevent destruction of the valuable buildings and facades in cities, the Ministry of Housing and Urban Planning is required to take progressive and gradual measures by the end of the Third Plan period, at the latest, in cooperation with the relevant agencies and authorities and upon performing studies and research on the subject, to prepare and determine the principles, criteria and regulations required to govern design of the physical appearance of all the country’s buildings and structures and convey the said criteria to all municipalities and other pertinent entities as well as the country’s engineering associations.

   C- Government is required to provide for the special funds in the annual budget bills in such a way that upon termination of the Third Plan all the villages with a population over twenty households entertain proper road, school, hygienic potable water, electricity and telephone.

   D- In order to create employment opportunity in the rural areas especially in underdeveloped regions, a special fund is established under the name of Gharzol- Hassaneh (interest-free) Fund for Development of Rural Employment, through investment by the government and the public.  The Articles of Association of the said Fund will be proposed jointly by the Ministry of Construction Jihad, Ministry of Agriculture, the Presidential Office of the Deprived Regions, and the Plan and Budget Organization, and it shall reach the Cabinet for approval within two months with effect from the enactment of this Law.

   The by-law of this Article shall be proposed by the State Administrative and Employment Affairs Organization, the Plan and Budget Organization, and Ministry of Construction Jihad, Ministry of Housing and Urban Planning, and the Presidential Office of the Deprived Regions; and shall be approved by the Cabinet.