17/12/2013
In the name of the people
The presidency of the republic
Based on what was approved by house of representatives in accordance with the provisions of item and ratified by the president of the republic on the basis of the provisions of item (I) of the article (61) and item (III) of the article (73) of the constitution, the following act was issued in 2012.
The eighth amendment of the ministry of higher education and scientific research act (No. 40) of 1988
Article (1)
Repeals article (II) of the ministry of higher education and scientific research act (No. 40) of 1988 and replaced by the following: Article (II) this act aims at:
Innovation of quantitative and qualitative changes in the scientific, technical, cultural movement and directing the educational and research institutions in way that achieves continuous interaction between thought and practice towards the achievement of originality, scientific sobriety, interaction with humanitarian experience and expertise, adoption of international standards of scientific quality and higher levels of educational development to build a new generation that carry the banner of science and knowledge to be an effective and an influential force in society.
Meet the needs of development plans in branches of knowledge and the requirements of society development.
Development of scientific, cultural and artistic relations with the nations of the world to achieve coherence and complementarity in the fields of science and knowledge to achieve scientific progress.
Expand and strengthen the bonds of cooperation to contribute to the creation of a learning environment with scientific institutions in the world.
Article (II)
Amendment of the paragraph (B) of the item (1) of article (IV) of the act as follows:
Three agents of the ministry and four advisers.
The following is added to the item (1) of article (IV) of the act:
Department of construction and projects.
Article (III)
Repeal (VII) of the paragraph (A) of item (2) of article (IV) of the act and replaced by the following:
VII. Adoption of study leaves, missions, fellowships, scholarship and lending services when necessary for faculty members to Iraqi and foreign private universities and colleges inside and outside Iraq.
Article (IV)
Repeal the paragraph (C) of item (2) of article (V) of the act and replaced by the following:
C. Authorization of some of his powers to agents, university presidents, chiefs of boards and general managers in the ministry center in accordance with the law.
Article (V)
Repeals the article (VII) of the act and replaced by the following:
Article (VII): First: Ministry center is comprised of the following formations:
Scientific supervision and evaluation body: headed by a special employee of doctorate degree with the title of “assistant professor” at least and having a service in administrative and scientific matters not less than (10) years and supported by specialized supervisors whose terms of appointment and duties are determined by instructions.
Department of research, planning and follow-up: headed by an employee with the title of general manager of doctorate degree and having a service not less than (10) years.
Department of mission and cultural relations: headed by an employee with the title of general manager of doctorate degree and having a service not less than (10) years.
Legal and administrative department: headed by an employee with the title of general manager of doctorate degree and having a service not less than (10) years.
Finance department: headed by an employee with the title of general manager of doctorate degree and having a service not less than (10) years.
Department of research and development: headed by an employee with the title of general manager of doctorate degree and having a service not less than (10) years.
Department of reconstruction and projects: headed by an employee with the title of general manager of doctorate degree and having a service not less than (10) years.
Second: The tasks of the formations of the ministry center are determined by a system proposed by the ministry.
Article (VI)
Repeal the article (VIII) of the act and replaced by the following:
Article (VIII) – First – the following formations are linked with the ministry center:
Universities:
University of Baghdad
University of Mosul
University of Basrah
University of Tal Afar
Mustansiriyah university
University of technology
University of Tikrit
Al-Qadisiyah university
Al-Anbar university
University of Kufa
University of Babylon
Diyala university
Karbala university
Maysan university
Dhi Qar university
Al-Muthanna university
Nahrain university
Wasit university
Hamdaniya university
Al-Iraqi university
Fallujah university
Jabir bin Hayyan university of medical and pharmaceutical sciences
Basrah university of oil and gas
Al-Qasim green university
Ibn Sina university of medical and pharmaceutical sciences
Kirkuk university
Samara university
University of Nineveh
Summer university
Bodies:
Board of technical education
Iraqi commission for computers and informatics
Iraqi council of medical specialties
2. Cabinet may introduce a university or a board on the proposal of the ministry of higher education and scientific research.
Article (VII)
Repeals article (IX) of the act and replaced by the following:
Article (IX ): The university is a secure campus and a center of cultural, intellectual, scientific and technical rationality in community in which the mind and the capacity of innovation and creativity for life grow and on which direct responsibility in achieving their objectives fall. It conducts ongoing studies and research in various aspects of human knowledge and studies related to science and the reality of the new needs which ensures sound and high standards that suit the current age and its requirements so as to access to scientific and technical levels that put Iraq in the ranks of developed nations.
Article (VIII)
(III) is omitted of the paragraph (A) of item (2) of article (X) of the act.
Article (IX)
Repeals article (XI).
Article (X)
Repeals article (XIII) of the act and replaced by the following:
Article (XIII) – First – The university council: is the supreme administrative and scientific body in the university and it is consisted of:
University president.
President assistants.
Deans.
Two members of the Faculty elected by the president and the members of the university council referred to, in paragraphs (A), (B) and (C) of this article for a period of two years, renewable once.
The representative of the teachers’ union of the faculty members in the university is nominated by the union or replaced by for representation of faculty for a period of one year, renewable.
The representative of the students in the university is chosen in accordance with the directives issued by the minister for a period of one year, renewable for issues related to students.
2.The university council may choose two members with experience and competence from outside the university for renewable terms of two years for once.
Article (XI)
Repeal the paragraphs (D) and (E) of item (1) of article (XIX) of the act and replaced by the following:
D: The representative of the teachers’ union or replaced by for representation of faculty in the university is nominated by the union or replaced by.
E. The representative of the students in the college is chosen in accordance with the directives issued by the minister for issues related to students.
Article (XII)
Omit the item (3) of the article (XXV) of the act.
Article (XIII)
Repeal the article (XLII) of the act and replaced by the following:
Article (XLII) for each college or institute, one associate dean or more is assigned by a resolution of the university or board president on the recommendation of the dean and his tasks are determined by instructions.
Article (XIV)
Repeals Saddam university for Islamic studies’ act, (No. 10) of 1989 and its rights, obligations and assets are transferred to the Iraqi university.
Article (XV)
The word (territory) is replaced by the phrase (Republic of Iraq) whenever occurred throughout this act.
Article (XVI)
Repeal the article (XVI).
Article (XVII)
This act takes effect from the date of its publication in the official gazette.
Binding reasons
For the purpose of organizing the work of the ministry of higher education and scientific research, improve the performance of the ministry and its formations, increase its activities in line with the expansion of its universities and its boards and the need to keep pace with the scientific and technical progress, this act has been enacted.