Compilation of Selected Laws of Sudan

Part II

Chapter One

Individual Rights

Article 20

Everyone has the right to life and liberty and security of person in accordance with the law. Everyone shall be free and no one shall be held in slavery or servitude or degraded or tortured.

Article 21

Liberty and Right of Equality

All persons are equal before the law. Sudanese are equal in the rights and duties of public life without discrimination based on race, sex or religion. All persons are equal in eligibility for public office and civil service positions without preference due to wealth.

Article 22

Everyone born of a Sudanese mother or father has the inalienable right to Sudanese nationality, its duties, and obligations. Everyone who has lived in Sudan during their youth or who has been resident in Sudan for several years has the right to Sudanese nationality in accordance with law.

Article 23

Every citizen has the right to freedom of movement and residence in the country, to leave and return to the country, and these rights shall not be restricted except in accordance with law.

Article 24

Everyone has the right to freedom of conscience and religion and the right to manifest and disseminate his religion or belief in teaching, practice or observance. No one shall be coerced to profess a faith in which he does not believe or perform rituals or worship that he does not voluntarily accept. This right shall be exercised in a manner that does not harm public order or the feelings of others, and in accordance with law.

Article 25

Every citizen has the right to seek any knowledge or adopt any faith, in opinion or thought, without being coerced by the authorities. Everyone shall have the right to freedom of expression, to receive information, to publish and there shall be freedom of the press, subject to restrictions necessary to security, public order, public safety, public morals and in accordance with law.

Article 26

1. All citizens have the right to freedom of succession and organization for cultural, social, economic, professional or trade union purposes, without restriction except in accordance with law.
2. All citizens have the right to organize political succession. This right may only be limited by the conditions of shura, democracy in the leadership of the organization and the duty to campaign non-violently for their organization without using material wealth and bound by the provisions of the constitution and in accordance with law.

Article 27

Minorities and Cultural Rights

Every sect or group of citizens have the right to keep their particular culture, language or religion, and to voluntarily bring up their children within the framework of these traditions. It is prohibited to impose one's traditions on children by coercion.

Article 28

Right to Property

1. Every one has the right to monetary earnings and to his ideas, and retains ownership over his earnings. The state may not confiscate his money, land, invention, production or scientific or literary products, except by law to enforce public sharing, for the public interest and only in exchange for just compensation.
2. There may be no taxes or fees or other financial impositions except in accordance with law.

Article 29

Privacy of Residence and Communication

1. All citizens are allowed freedom of communication and correspondence. Confidentiality is guaranteed and no communication or correspondence may be observed or recorded except as provided by law.
2. Personal privacy of residence, living quarters, households and family are sacred and they may not be investigated except by permission or as provided by law.

Security of Person

Article 31

Effective Remedies and Liberty

All persons have a right to an effective remedy and no person may be subjected to criminal proceedings or deprived of the right to bring a claim at law, except in accordance with law.

Article 32

Rights of Defendants

Article 33

Death Penalty

1. The death penalty may not be imposed except as chastisement or punishment for the most serious very serious crimes in accordance with law.
2. A sentence of death shall not be imposed by crimes committed by persons below eighteen years-of-age and shall not be carried out on pregnant or lactating women, except two years after the birth, or on those above the age of seventy except when they have committed crimes of qisas or hadud.

Protection of Constitutional Rights

The Constitutional Court in exercise of its authority may annul any law or order that is not in accordance with the Constitution and order compensation for damages.

Responsibilities of Citizens

Article 35

Public Duties (and their Supervision)

1. Every citizen has the duty:

1. to be loyal to the Republic of Sudan and not to support its enemies;
2. to defend the country and respond to the Jihad call and national service;
3. to respect the Constitution and law and to respect and obey legitimate legal institutions and the legal, financial and practical obligations they impose;
4. to protect public funds, property, utilities and combat corruption and sabotage;
5. to participate by opinions and public advice and to encourage others to do good deeds and to forbid others from doing bad deeds;
6. to show respect for the sacredness of society and its public interests and to preserve a righteous environment, morality and justice;
7. to participate in economic activities, public development, and to cooperate in charity, and to participate in national obligations concerning production.
8. to practice the rights and duties granted to him to improve public work, society and state leadership.

1. The duties of the citizens are general obligations governed by conscience and the supervising society. They are the source of policies and legislation, which may provide for penalties for non-compliance.

Part III

Leadership and Execution

Chapter One

Presidency of the Republic

Article 36

The President of the Republic

The Republic of Sudan shall have a President elected by the people.

Article 37

Conditions for Eligibility

To be eligible to become President of the Republic of Sudan, the candidate should be:

a) a Sudanese national;

b) of sound mind;

c) at least forty years-of-age; and

d) not have been convicted of a crime involving moral turpitude or dishonesty in the last seven years.

Article 38

Elections

1. Every voter in the Republic has the right to nominate a candidate for the Presidency of the Republic, but the candidate must be seconded in accordance with law.
2. The President shall be the candidate receiving the highest number of votes, but not less than fifty percent of the total number of votes cast.
3. If no candidate receives the percentage of votes specified in paragraph 2 of this article, a run-off election shall be conducted between the two candidates receiving the highest number of votes.

Article 39

Postponement of the Election

If the Public Election Commission decides to postpone the presidential election due to circumstance of force majeure, it must conduct the election as soon as possible. In such circumstances, the incumbent President of the Republic will remain in office and his term will be extended until the elections are held and the new President has taken the oath of office.

Article 40

Oath of Office of the President of the Republic

The elected President of the Republic shall take the following oath of office:

Article 41

Presidential Term

The term of President of the Republic is five years from the date of inauguration and a President may be re-elected only once.

Article 42

Powers of the President of the Republic

The President of the Republic is the ruler and highest sovereign authority of the country, responsible for the command of the armed forces and other organized forces; ensuring the country's security; maintaining its honor and external relations; supervising foreign relations, the judiciary, justice and public morals, constitutional institutions and mobilizing the country for development, with the following jurisdictions according to the Constitution and law:

1. Appointing the personnel in the Federal offices created by this Constitution;
2. Presiding over the Council of Ministers;
3. Declaring the state of war in accordance with the Constitution and law;
4. Declaring a state of emergency in accordance with the Constitution and law;
5. Initiating amendment of the Constitution, law and providing final approval of the same;
6. Endorsing the rules governing executions, granting pardons and annulling sentences convictions or sentences;
7. Representing the State in foreign relations with other countries and with international organizations, appointing ambassadors; and recognizing the diplomatic representatives of other States;
8. General representation of the government and the public opinion at public occasions;
9. Any other powers provided for in the Constitution or law.

Article 43

Absence of the President or Vacancy of the Post of President

1. The post of President of the Republic becomes vacant on the following occasions:

a. Completion of the term of the Presidency;

b. Death;

c. Mental illness or serious fiscal disability;

d. Imprisonment in accordance with the rules of the Constitution;

e. Resignation of the President that has been accepted by the National Assembly.

2. When the President of the Republic is absent or his post is vacant, the First Vice-President shall temporarily perform the duties of President of the Republic until the return of the President or the election of a new President.
3. If the Office of President is vacant, elections or the President of the Republic shall be held within sixty days from the vacancy of the post.

Article 44

Vice-Presidents and Assistants

The President of the Republic shall appoint two deputies and two vice-presidents meeting the same requirements of eligibility as are necessary for the office of President of the Republic. He shall also appoint his assistants and Advisors and define their seniority and duties; and each shall take the same oath as the President has taken upon assumption of office.

Article 45

Criminal Liability of the President and his Deputies

The criminal liability of the President and his deputies is as follows:

1. No criminal proceedings may be taken against the President without the written permission of the National Assembly.
2. Any criminal proceedings taken in accordance with paragraph a shall be brought before the Constitutional Court.
3. Any decision to convict the President of a crime must be approved ratified by the National Assembly.
4. The National Assembly may decide by a majority of two-thirds to remove the President after he has been convicted of a crime of treason or any other crime involving moral turpitude or dishonesty.

Article 46

Legal Action Against an Act of the President

Anyone harmed by an act of the President of the Republic may make an application:

1. before the Constitutional Court, in cases relating to the constitutional powers of the President or in cases relating to the violation of individuals’ human rights stipulated in this Constitution, and
2. before the ordinary courts in any other cases of illegality.

Chapter Two

Council of Ministers

Article 47

Formation and Authority

1. The Council of Minister is formed from the Ministers appointed by the President.
2. The Council of Ministers is the highest Federal Authority in the State under the Constitution and the laws of Sudan. It decides by consultation and unanimously, or if unanimity that is not possible, by majority. The decisions of the Council of Ministers shall prevail over all other executive decisions.

Article 48

Oath

The Minister upon his appointment and before taking office shall take the following oath before the President of the Republic:

Article 49

Powers of the Council of Ministers

The Council of Ministers shall undertake the following:

1. General planning for the State, including the establishment of aims, details and implementation.
2. Approve of the most important policies of the federal ministries or area of ministerial responsibility.
3. Undertake the executive or administrative activities of any Ministry or area of ministerial responsibility specified in law or a decision of the Council of Ministers.
4. Initiate legislation approving international treaties and agreements, proposed legislation, provisional decrees, the public budget or any other matter to be referred to the National Assembly.
5. Request reports on executive activities of any Minister and ensure the responsibility of any Minister according to his reports and the policies of the Council of Ministers.
6. Request reports about the performance of any State executive for the purpose of information and coordination of the division of authority between the federal government and state governments.
7. Regulate the conduct of its own work.
8. Perform a political role by making statements or otherwise mobilizing the population to achieve the aims of political and public life.
9. Perform any other function or powers conferred by law.

Article 50

Ministerial Authority

1. The Minister shall have jurisdiction and powers prescribed by law or delegated to him.
2. The Minister is the highest authority in his ministry and his decisions are supreme in his ministry, except when amended or cancelled by the Council of Ministers.
3. The President of the Republic can suspend the decision of a Minister it has been approved by the Council of Ministers.
4. The federal and state Ministers shall coordinate, cooperate, and compliment each other’s roles.

Article 51

Joint and Several Responsibility of Ministers

1. A Minister shall be responsible for the work of his Ministry to the President of the Republic, the Council of Ministers and the National Assembly.
2. Ministers are jointly responsible for the performance of the executive to the National Assembly.

Article 52

Prohibition of Commercial Interests

It is prohibited for the President of the Republic or any of the vice-presidents, his assistants, advisors or Ministers to undertake any commercial profession or to engage in any commercial activity during their term of office.

Article 53

Vacancies

This post of a Minister becomes vacant in the following situations:

1. the President’s acceptance of the resignation of a Minister;
2. the dismissal of a Minister by a resolution of the President of the Republic;
3. death of the Minister.

Article 54

Privacy and Regulation of Deliberations

The meetings of the Council of Ministers are secret and may not be revealed expect with the express permission of the Council of Ministers.

Article 55

Appeal Against Ministerial Action

Anyone harmed by the work of a Ministry can appeal against an action of a Minister or Ministry:

1. before the Constitutional Court in cases relating to constitutional powers or authority or in cases relating to individual human rights.
2. before the ordinary courts in any other cases of illegality.

Chapter Three

State Executive Authority

Article 56

Conditions for the Nominations of State Governors

1. Each state shall have a Governor elected in accordance with the Constitution and law.
2. The governors shall be chosen from among individuals meeting the requirements for eligibility to the Presidency of the Republic.
3. A college for nomination of the governor shall be established in each state from among members of the National Assembly representing the state, members of the State Assembly, and the Presidents of the Local Councils. The State Assembly shall present a list of six nominees to the President of the Republic two months before the end of the terms of the current governors.
4. The President of the Republic shall select three persons from the names presented to him and then consult the Public Election Commission about their eligibility for the post. If they meet the requirements of eligibility, these three people shall be the candidates for the post of the State Governor.
5. The winning candidate for the post of State Governor, shall be the candidate that has received more than fifty percent of the total number of votes cast.
6. If no candidate receives the percentage of votes indicated in paragraph 5, a second round of elections shall be held between the two candidates receiving the highest number of votes.

Article 57

Postponement of Elections of Governors

If it is not possible to hold elections for a reasons determined by the Public Election Commission, the President of the Republic may name a State Governor until such time as the Public Elections Commission determines that elections may be held.

Article 58

Oath of the State Governors

Each State Governors upon his appointment and before taking office shall take the same oath as taken by the President of the Republic.

Article 59

Terms of Office

The term of office of each State Governor shall be four years and may be re-elected for one term only.

Article 61

Power of Governors

The State Governor shall have the following powers:

1. To appoint the State Ministers after consultation with the President of the Republic.
2. To preside over the State Council of Ministers.
3. To supervise the general security of the state and to coordinate its good administration.
4. To represent the State.

Article 62

Individual Responsibility of Governors

The Governor shall be individually responsible to the President of the Republic.

Article 63

Criminal Liability of Governors

The State Governors have the same criminal liability as the President of the Republic, with the exception that the State Assembly shall replace the National Assembly in so far its responsibilities are concerned.

Article 64

State Councils of Ministers

1. Each State shall have a Council of Ministers.
2. The provisions of articles 47(2), 48 and 49 shall apply to the State Council of Ministers with the exception of the power to initiate bills concerning international treaties and agreements, and taking into account that the character of State Councils of Ministers as organs of states, that they are submit legislative proposals to the State Assembly.
3. The powers of a State Minister are the same as those of a Federal Minister as stated in paragraphs 1, 2 and 3 of article 50 and taking into account that the State Governor shall be substituted for the President of the Republic in the exercise of these powers.
4. The provisions of article 50 through 55 shall apply to the state executive powers taking into account that the State Governor shall be substituted for the President of the Republic in the exercise of these powers.

Part IV

Legislator

Chapter One

Sources of Legislation

Article 65

Source of Legislation

The Islamic Sharia and the national consent through voting, the Constitution and custom are the source of law and no law shall be enacted contrary to these sources, or without taking into account the nation’s public opinion, the efforts of the nation’s scientists, intellectuals and leaders.

Article 66

Referendum

1. The President of the Republic or the National Assembly by a resolution enjoying the support of fifty percent of its members, may refer any matter concerning fundamental values, national will, or national interest, to a referendum.
2. The Public Election Commission shall organize a national referendum under all the registered voters in the Sudan and the resolution presented in the referendum shall be deemed accepted by the people of Sudan if it receives more than fifty percent of the votes cast.
3. Every resolution that receives the consent of the people of Sudan shall have the status above any other law and it may only be abridged by a later resolution accepted by referendum or by a two-thirds majority of the National Assembly.

Chapter Two

The Federal Legislative Power

Article 67

National Assembly

1. National Assembly shall be established to exercise the legislative authority or any other power accorded it by the Constitution.
2. The National Assembly is established by direct general elections of its members, by special elections or by indirect elections as follows:

1. Seventy-five percent of its members are directly elected from geographical constituencies that proportionately represent the geographical situation of country’s population.
2. Twenty-five percent of its members are elected by special elections or indirect election from among women, and the scientific and professional communities, in either states or nationally, as is determined by law.

1. If it is not possible to hold elections in any constituency or specialized electoral college due to serious reasons of national security, the President of the Republic may appoint a person to occupy the seat of the member of that constituency or special electoral college until elections can be held.

Article 68

Conditions of Membership

1. To be eligible for a seat in the National Assembly an individual must be:

1. a Sudanese national;
2. at least twenty-three years-of-age;
3. of sound mind; and
4. not have been convicted of a crime against moral turpitude or dishonesty during the last seven years.

2. No one shall be eligible for nomination to the membership of the National Assembly if he is a member of a State Assembly, a State Governor, or a member of a State Council of Ministers.

Article 69

Loss of Membership

1. Membership in the National Assembly may be withdrawn by a decision of the National Assembly for any of the following reasons:

1. Permanent physical or mental disease;
2. Conviction of a crime involving moral turpitude or dishonesty;
3. Absence from a complete session of the National Assembly without permission or reasonable cause;
4. Loss of the post upon which membership depended;
5. Written resignation announced in the National Assembly;
6. Death.

2. When a member’s seat is declared vacant another member shall be elected, depending upon the nature of the seat, within a period of sixty days.

Article 70

National Assembly

The seat of the National Assembly shall be in Omdurman, but the Speaker of the National Assembly may convene the national Assembly at any other location by exception.

Article 71

Oath of Members of the National Assembly

Every Member of the National Assembly shall take the following oath before the National Assembly before performing his duties as a Member of the National Assembly:

Article 72

Duration

The National Assembly’s session shall last for a term of four years from the start of its first session.

Article 73

Powers of the National Assembly

1. The National Assembly shall represent the popular will in legislation, planning, supervision of the executive, and social and national mobilization, in a serious and honesty manner, and without violating the above, perform the following tasks:

1. Endorse plans, programmes and policies of the state and society;
2. Approve constitutional amendments, laws and temporary decrees;
3. Approve the federal budget, revenues and expenditures;
4. Approve treaties and international agreements;
5. Supervise executive performance;
6. Initiate and participate in political and social mobilization; and
7. Issue resolutions concerning public affairs.

1. The National Assembly may in the supervision of the executive present a recommendation to the President of the Republic for the removal of any Minister who has lost to confidence of the National Assembly, if this decision has been taken after a general debate and the resolution receives the approval of fifty percent of members present and voting.

Article 74

Immunity of Members of the National Assembly

It is prohibited to institute criminal proceedings against any member of the National Assembly, unless they are arrested in the process of committing a criminal act, to arrest him, or to begin and action against him or his property, without the permission of the Speaker of the National Assembly.

Article 75

Sessions

1. The National Assembly shall hold its first session within thirty days of the elections and in response to a request by the President. The oldest member present at the opening session shall be the chairperson of the session.
2. The National Assembly fixes the beginning and end of each of its sessions.
3. The National Assembly may convene an extraordinary session by its own resolution or pursuant to a request of half its members or pursuant to an order of the President of the Republic.

Article 76

Leadership of the National Assembly

1. The National Assembly in its first session shall elect a Speaker from among its members at its first sitting.
2. The Speaker of the National Assembly presides over the sessions ensuring order, supervises its administrative affairs and represents it in Sudan and abroad.
3. The Assembly shall its elect leaders, in addition to the Speaker, including the Deputy Speaker and the chairpersons of deliberations and Committees.
4. The Speaker of the National Assembly shall appoint a General-Secretary who is not a member of the National Assembly. The Secretary-General shall undertake the preparatory and administrative affairs of the National Assembly, under the supervision of the Speaker.

Article 77

National Assembly Committees

The National Assembly shall form from among its members and in accordance with its Rules and Regulations permanent or ad hoc committees for the performance of its functions.

Article 78

Regulations

The National Assembly, upon the initiative of the Speaker, shall issue regulations organizing its work.

Article 79

Quorum, Deliberations and General Affairs

1. A quorum in the National Assembly is one-third of the members, unless the National Assembly is considering a legislative proposal in last reading or unless the Speaker decides that the subject stipulated in the agenda is so important that the quorum should be half of the members.

Article 80

Public Sessions

The session of the National Assembly shall be public and its deliberations and works published, except when the Assembly decides it is necessary to act otherwise.

Article 81

Decisions

The National Assembly shall strive to adopt all resolutions by consensus and where consensus is not possible, resolutions shall be adopted by a majority of those present, unless the Constitution provides otherwise.

Article 82

Freedom of Expression in the National Assembly

Members of the National Assembly shall express their views freely taking into account the rules and regulations of the National Assembly. Members of the National Assembly are immune from prosecution for any actions or statements made in the National Assembly.

Article 83

Address by the President of the Republic

1. The President of the Republic may address the National Assembly in person or through an intermediary or may seek the view of the National Assembly on any subject. The National Assembly shall give priority to such request over all other matters.
2. A Minister may request the opportunity to address the National Assembly and the Assembly should grant this request as soon as possible.

Article 84

Questions and Statements

1. Any member may address a question to any Federal Minister on any subject connected to the duties of the National Assembly and the Minister must reply to this question in accordance with the rules and regulations of the National Assembly.
2. The National Assembly or any of its Committees may ask any Federal Minister to give a statement on any subject concerning the duties of the Assembly, and the Minister shall give this statement in accordance with the Rules and Regulations.

Article 85

Questioning a Minister

The National Assembly, in accordance with it regulations, may question any Minister on any subject concerning the affairs of his Ministry. An opinion shall be taken concerning the results of the questioning at the next session, if a motion of "no confidence" is moved against the Minister. If the motion is adopted this result shall be communicated to the President of the Republic.

Article 86

Powers to Summons Persons before the National Assembly and Powers of Investigation

The National Assembly or any of its Committees may call any public official or any person to address the National Assembly or a Committee or to give testimony or advice. The National Assembly may investigate any matter within the direct authority of the Federal government after notifying the President of the Republic.

Article 87

Proposal of Legislation

1. The President of the Republic, the Council of Ministers, any Minister, any Committee of the National Assembly or any Member of the National Assembly, may initiate a proposal for legislation in the National Assembly.
2. In the proposal is made by a member of the National Assembly it shall not be brought before the National Assembly until it has been referred to the relevant Committee to determine whether concerns an important public interest.

Article 88

Procedures for the Introduction and Consideration of Legislative Proposals

1. A proposal for legislation shall be presented to the National Assembly in first reading by its name and it becomes a matter of the National Assembly. It is then presented for a second reading for discussion of its objectives and content, and to be approved in principle. If approved in principle, it shall be presented for a third reading and deliberated upon in detail and with consideration of any proposed amendments. And finally, the proposal shall be presented for a final reading and each article shall be voted on separately and a vote shall be taken on the whole proposal.
2. The Speaker of the National Assembly, after the initial presentation of the proposal, shall refer it to a specialized committee to make a general report on the proposal and this report shall be presented during the second reading of the proposal. Before the third reading, a report shall be presented detailing the amendments passed and rejected by the Committee for deliberation in detail and approval of amendments. The Speaker of the National Assembly by refer the bill to the concerned Committee to submit a report before the final reading for the purpose of facilitating consideration of each section of the proposal and the proposal as a whole.
3. The Speaker of the National Assembly or any concerned Committee may submit a legislative proposal to any specialized body outside the National Assembly, including any interested party, to review and report on the legality and wisdom of the legislation.
4. The National Assembly may, by special procedural resolution, decide upon special procedures, or without referring a proposal to a special committee, decide upon any proposal for legislation presented to it.

Article 89

Entry into Force of Legislation

1. No legislation enters into force unless it has been approved by the National Assembly and signed by the President of the Republic or a month has passed since the law was forwarded to the President and it has not been signed or returned to the National Assembly.
2. If the National Assembly approves a law that is not acceptable to the President of the Republic, the President may decide to return the law to the National Assembly with his revisions. The National Assembly may amend the law in accordance with the President’s revisions and again present the law to the President for his signature or the National Assembly may fail to take further action on the proposal.
3. The National Assembly may approve a law that has been returned to it, without amending it as requested by the President, by a two-thirds majority.

Article 90

Provisional Decrees

1. The President of the Republic, with or without the recommendation of the Council of Ministers, may issue temporary decrees having the force of law when that the National Assembly is not in session or in cases of emergency. A decree so issued shall be presented to the National Assembly as soon as it reconvenes. If approved by the National Assembly it becomes a permanent law. If rejected by the National Assembly it is void without any prejudice to its past effects. If approved by the National Assembly with amendments, the amendments will be effective according to article 107(1). The rejection or amendment of a decree is without prejudice to its past effects.
2. The President of the Republic cannot issue a temporary decree in matters effecting fundamental rights and liberties, state-federal relations, public elections, criminal laws or fiscal laws.
3. Any law cancelled or amended by a temporary decree that is not approved by the National Assembly will resume full effect from the date on which the temporary decree becomes void.
4. The National Assembly may delegate the power of approval of international treaties to the President. This power shall be exercised by a temporary decree having the force of law and it is not necessary that it be [immediately] approved by the National Assembly, but it must be placed before the National Assembly as soon as it resumes its sessions.

1. The Council of Ministers shall present a draft budget to the National Assembly before the beginning of the financial year. The draft budget shall contain a general evaluation of the state of the economy; detailed estimates concerning the projected revenues and expenditures for the new financial year with comparisons to the previous financial year; statements of how the budget shall be balanced; the amounts of any reserve, transfers or allocations; special statements of explanation, financial or political information; and descriptions of measures the State will take in financial and economic matters.
2. The Council of Ministers shall present to the National Assembly a legislative proposal containing the total amount of expenditures, taxation, fees or other state revenue in an legislative proposal for an appropriation law; and shall present legislative proposals for borrowing or investment by the State and the issue of federal bonds.
3. The National Assembly shall approve the legislative proposal containing the Public Budget by each chapter and schedule, and vote on the proposal as a whole. Once the Public Budget has become law it is unlawful to exceed the expenditures therein, except pursuant to another law, and it is unlawful for the State to utilize excess revenues through expenditures or to use the reserves that have been established by law, except pursuant to another law.

Article 92

1. No member of the National Assembly is permitted to present by personal initiative any legislative proposal that amends fixed rates of taxation, fees, public revenue, allocations, financial obligations or public funds, outside the deliberations on the federal budget unless the proposed legislation is restricted to fees on services, fees on financial transactions, fines or fiscal penalties.

Article 93

Additional and Provisional Financial Measures

1. Notwithstanding article 90(2), the President of the Republic acting upon a resolution of the Council of Ministers and if the public interest demands, may issue a provisional decree having the effect of law and imposing a tax, fee or amendment to the budget until a proposal for legislation can be presented to the National Assembly. If the legislative proposal is adopted or rejected, this provisional decree shall lapse without retroactive effect.
2. If the legislative proposal containing the federal budget is delayed for any reasons the previous year’s budget shall remain in effect with expenditures remaining fixed at the rate of the previous year as if the previous year’s budget had been enacted by law in the current financial year and it remains in effect until a new budget is approved by law.
3. In extraordinary circumstances or in circumstances when the public interest demands, the Council of Ministers may present an additional budget proposal, request additional credit or use reserve funds. Such legislative proposals shall be in accordance with the rules and regulations for the federal budget and with existing law.

Article 94

Final Accounts

1. to interpret the Constitution and other legal texts presented to them by the President of the Republic, the National Assembly or half of the State Governors or State Assemblies,
2. to decide upon claims by aggrieved persons for the protection of liberties and rights which are guaranteed by the Constitution,
3. to decide upon claims concerning conflicts between state and federal authorities over their powers,
4. to decide on any other matters that the Constitution or the law brings within its jurisdiction.

1. The law will determine the number of judges of the court, their remuneration and the court procedures.

Article 106

Public Legal Advisors and Attorneys

The Federal System

Chapter One

The States

States

The Republic of Sudan shall be divided into states and each state shall have a capital as follows:

1. Upper Nile State with the capital at Malakal.
2. Red Sea State with its capital at Port Sudan.
3. Bahr El Jebel State with its capital at Juba.
4. Gezira State with its capital at Madani.
5. Jungoli State with its capital at Boar.
6. Southern Darfur State with its capital at Nyala.
7. Southern Kordofan State with its capital at Kadogli.
8. Khartoum State with its capital at Khartoum.
9. Sinnar State with its capital at Sinja.
10. Eastern Equatoria State with its capital at Kapoyta.
11. North Bahr El Ghazal State with its capital at Aweel.
12. Northern Darfur State with its capital at Al Fashir.
13. North Kordofan State with its capital at El Obeid.
14. Western Equatoria State with its capital at Yambio.
15. Alshimaliya State with its capital at Dongola.
16. Western Bahr El Ghazal with its capital at Wau.
17. Western Darfur with its capital Aljinaina.
18. Western Kordofan with its capital Al Fula.
19. Gaddarif State with its capital Gaddarif.
20. Kassala State with its capital Kassala.
21. Nahr Al Nile State with its capital at Damer.
22. White Nile State with its capital at Rabak.
23. Blue Nile State with its capital at Damazin.
24. Warap State with its capital Warab.
25. Unity State with its capital at Bantio.

State Boundaries

The boundaries of the state shall be those existing on the day the Constitution comes into force, boundaries between states may be amended by law passed by the National Assembly and signed by the President of the Republic after hearing the views of the respective Governor or State Assembly.

Chapter Two

Division of Powers

Article 110

Federal Powers

The federal authorities shall exercise the following powers:

1. Defense, control of the armed forces, the federal police, the national security, and the popular defense forces.
2. Control over Sudan's international boundaries and the decisions in resolution of conflicts over state boundaries.
3. Nationality, passport, immigration and aliens' affairs.
4. Foreign relations.
5. The organization of public elections of constitutional institutions, including federal, state and local institutions.
6. The Judiciary, the Attorney-General's Office and the legal profession.
7. The general professions according to federal law.
8. Currency, monetary, financial, credit and investment policies.
9. Measurements, weights, calendars and time.
10. Federal taxation, customs and fees.
11. Foreign trade.
12. Public projects, corporations and companies.
13. Land, natural resources, and underground mineral resources.
14. Waterways.
15. National electricity.
16. Federal aviation, highways, sea transport, inter-state commerce and communications.
17. Epidemics and public calamities.
18. Antiquities and archaeological sites.

Article 111State Powers

The States shall exercise jurisdiction within their boundaries over the following matters by planning, legislation and administration:

1. Administration of the State and its proper functioning, including the promotion of the public interest, public security and public order .
2. State taxation and fees.
3. State trade, supply, cooperation and industry.
4. State land and the State’s natural and animals.
5. Utilize state water and electric power.
6. Maintain roads, transport and communication.
7. Missionary teaching or other non-profit activities that benefit the community.
8. Registration of births, death and marriages.
9. Questions of law that are particular to the state, including custom and its codification.

Article 112Concurrent Powers

1. The federal government shall exercise its power over the whole of the Sudan, and the states’ governments shall exercise the powers granted them by federal law, and both shall exercise power over:

1. Civil Service.
2. Public Legal Advisors and Attorneys.
3. Organizing Interstate Information, Culture and Publishing.
4. Local Government.
5. Media, Culture and Publication.
6. Education and Scientific Research.
7. Health.
8. Social Welfare.
9. Economic Policies.
10. Cooperation.
11. Industry.
12. Quarries.
13. Border Trade.
14. Urban Planning and Population Policy.
15. Surveys
16. Censuses.
17. Environment.
18. Tourism.
19. Meteorology.

1. Councils shall be established by state and federal law to divide, plan and maintain inter-state forests.
2. Any powers not allocated to the federal or state authorities shall be their common responsibility.

Chapter Three

Division of Financial Resources

Article 113

Federal Financial Resources

Federal revenues are as follows:

1. Customs duties, and sea and air port revenues.
2. Taxes on companies’ profits, personal income tax, and stamp duties on documents concerning federal and interstate procedures.
3. Profits from national projects, provided that a percentage thereof shall be allocated to the state(s) involved.
4. Taxes on the products of federal industries
5. Taxes collected from Sudanese working abroad, corporate taxes and taxes on foreign activities.
6. Taxes or fees not effecting the resources of states or local communities.
7. Donations, loans or financial facilities.

Article 114State Financial Resources

The states shall have the following revenues:

1. A share of taxes on business profits, as determined by law, which must be allocated to the Local Councils.
2. A share of taxes on state industrial production.
3. Revenue from state licenses.
4. State taxes and duties.
5. Profits from state projects.
6. Donations, loans and credit facilities.

Article 115Local Councils Financial Resources

1. The Local Councils shall have the following revenues:

1. Real Estate taxes.
2. Sales taxes.
3. Agriculture and animal production taxes, with the percentage determined by federal law being allocated to the state.
4. Fees for local land and water transport.
5. Excise duties form local industrial and handcraft production.
6. Any other revenue generated locally.

Chapter IV

Federal Relations and the Federal Government Authority

Article 116

Federal Government Authority

1. A Federal Government Authority shall be formed under the supervision of the President of the Republic with the responsibility for coordination, communication and supervision of relations between the state governments and the federal government, including the relations between the State Governors and the President of the Republic and other organs of federal government.
2. A fund shall be established, under the supervision of the Federal Government Authority, to which the federal government and able state governments shall contribute to assist needy states as determined by criteria fairness, taking into account the number of population and the level of development and in accordance with law.

Article 117Limits on State Authority

No State shall exercise authority over any of the following without the permission of the federal government:

1. Federal constitutional institutions and their personnel.
2. Federal ministries, administrators, corporations, commissions, public companies or federal projects and their employees.
3. Federal land, properties and utilities.

Article 118Prohibition of Interference with Interstate Commerce

States may not take measures that may interfere with the interstate transportation or movement of persons, goods, communications services, or impose any tariff on them but by permission of the federal government.

Article 119Requests for Information from States

The states shall provide the federal government with statements and information when requested for enabling the setting of federal policies and planning.

Article 120

Requests to Defer Legislation

The National Assembly or any State Assemblies may each request a legislative authority to defer adoption of any legislative proposal until the requesting body has given its opinion on the legislative proposal, if the legislation would have a national impact or a special effect on the requesting State.

Article 121

Exchange of Legislative Proposals

The National Assembly and State Assemblies shall provide copies of all legislative proposal to each other.

Article 122

Peoples’ Armed Forces

1. The Peoples’ Armed Forces are a national, military armed force. Its duty is to defend the country, preserve safety, participate in development and in guarding the national interest and cultural, and the constitutional order.
2. The organization of the Peoples’ Armed Forces and reserve forces, including conditions of service and emolument of members shall be determined by law.
3. The organization, constitution, jurisdiction, powers and procedures of military courts and military legal services shall be established by law.

Article 123

Police

1. The Police shall be a national force severing the country and its people by combating crime, protecting property, assisting in times of natural disaster, and maintaining public morals and public order.
2. The Police shall be organized nationally by the federal government, and the federal government shall be responsible for their planning, preparation, and training and their supervision. Each state shall supervise the Police belonging to the state. In cases of national emergency, the federal government shall be responsible for all the police forces.
3. The organization, jurisdiction, conditions of service and the relations between the federal and state police shall be determined by law.

Article 124

Security Forces

1. The Security Forces are regular national forces. The main function of the Security Forces is to main peace in Sudan, both internally and externally; to monitor situations of potential danger to the security of Sudan and other relevant situations; to evaluate the significance of dangers to the peace of Sudan; and to recommend measures that are necessary to protect Sudan against such dangers.
2. The law determines the rights, responsibilities, conditions of service and establishment of the Security Forces.

Article 125

Popular Defense Force

1. The Republic of Sudan may establish a volunteer Popular Defense Force from among the Sudanese people for national defense, to maintain national security, or to assist any regular forces. The Popular Defense Force shall be under the command of the National Armed Forces or the Police and shall promote defense, security and other general purposes.
2. The law shall determine organization, duties and supervision over the Popular Defense Forces.

Chapter Five

Civil Service

Article 126

Civil Service

1. The civil service consists of all government employees and is responsible for the administration for the country.
2. The civil service shall be open to all based on qualifications relevant to the function, and based on proportionate national representation.
3. The rights and responsibilities of civil servants and their conditions of service shall be determined by law.

Article 127

Civil Service Complaints Chamber

1. Civil Service Complaints Chambers shall be established by federal or state law to address the grievances of civil servants. The functions of the Chambers shall be determined by law. The Chambers shall responsible to the President of the Republic or the governor of the state, depending on whether they are state or federal.
2. The President of the federal Chamber is appointed by the President of the Republic and by the State Governor in the state chambers, and the President of the Republic and the State Governors shall supervise the respective Chambers.
3. Decisions of a Civil Service Complaints Chamber shall be final and binding and not subject to review by any Court.

Chapter Three

Election Commission

Article 128

Election Commission

1. An Election Commission shall be established as an independent authority. The President of the Republic of Sudan, with the agreement of the National Assembly, shall appoint the president and members who will serve on the Electoral Commission based organizing a referendum. The President and members shall be individuals of high moral standing, qualifications and impartiality and they shall be responsible to the President of the Republic and the National Assembly.
2. The functions of the Election Commission shall be:

1. To prepare and check the election register annually.
2. To organize federal, state and local elections according to law.
3. To organize general referendums in accordance with the Constitution.
4. To undertake any other tasks determined by law or ordered by the President of the Republic.

1. The powers, procedures and conditions of service of members of the Election Commission shall determined by law.
2. The law shall determine the rules and procedures governing elections and the electoral register.

Chapter Four

The Auditor General

Article 129

Office of the Auditor General

1. The Office of Auditor General shall be created as an independent body. The Auditor General and the other members are named by the President of the Republic with the approval of the National Assembly. The Board of Directors of the Office of the Auditor General is responsible to the President of the Republic and the National Assembly.
2. The Office of the Auditor General audits all the accounts of the federal government, the National Assembly, the Judicial Authority, and all public institutions, corporations and public companies.
3. The President of the Republic may order the Auditor General to audit the accounts of any federal or state government institution or any other public or private body.
4. The powers, procedures and conditions of service of the members of the Office of Auditor General shall be determined by law.

Chapter Five

The National Ombudsman

Article 130

The Ombudsman

1. The Office of the Ombudsman shall be established. The President of the Republic, with the agreement of the National Assembly, shall appoint the members of the Office of the National Ombudsman from among person of high integrity and honour. The Ombudsman and other members of his office are responsible to the President and the National Assembly.
2. Without prejudice to the functioning of the Judicial Authority, the Office of the Ombudsman shall act to ensure address grievances, promote administrative efficiency and fairness, supervise the implementation of administrative decisions, and ensure justice is done after the decisions of the Judicial Authority. the Ombudsman shall strive to ensure justice within all levels of public administration in Sudan, act against injustice in state or federal administrative decisions or in the final judgments of the Judicial Authority or any other state institution. The Ombudsman shall act in an efficient, fair and justice manner.
3. The Ombudsman shall cooperate with other national institutions and provide reports and advise to the President, the National Assembly, or other public institutions.
4. The powers, procedures and conditions of service of members of the Office of the Ombudsman shall be determined by law.
5. An Ombudsman shall be established in each state by law and shall function in accordance with state law.

Section One

State of Emergency

Declaration of a State of Emergency

1. Whenever there is a event that poses a threat to the state or any part of it, whether by war, invasion, siege, catastrophe or epidemic, or any other event threatening the public safety or the economy, the President of the Republic may declare a state of emergency throughout the country or in any part of it in accordance with the Constitution and the law.
2. A declaration of a state of emergency shall be presented to the National Assembly within fifteen days of its date of issue and if the National Assembly is not in session it shall be called for an extraordinary session to consider the declaration.
3. If the National Assembly approves the declaration of the state of emergency any law or exceptional order constituting a part of the declaration shall remain in force.

Article 132

Exceptional Powers of the President of the Republic

1. The President of the Republic may take any of the following measures by law or exceptional order, during a state of emergency:

1. Suspend some or all of the provisions in the Chapter on individual rights and liberties, except the following: the prohibition of torture, the prohibition of slavery, the prohibition of discrimination based on race, sex or religion, freedom of thought, the right of access to a court, the presumption of innocence, or the right to defense.
2. Suspend the laws or powers of states according to the Constitution and vest in himself the powers and authorities provided for by these laws and the practice of these powers or decide the manner in which the affairs of a concerned state shall be administered.
3. Issue any measures, which shall have the force of law, that is necessary to deal with the state of emergency.

Prerogatives of the National Assembly

1. The National Assembly may agree to extend a state of emergency.
2. The President of the Republic shall submit all exceptional measures taken during a state of emergency to the National Assembly. The National Assembly that may amend, approve or cancel them.

A declaration of state of emergency shall expire in any of the following cases:

1. Thirty days from the date of issue if not approved by the National Assembly.
2. At the end of a period of time decided upon by the National Assembly.
3. By the issuance of the another declaration by the President of the Republic or a resolution by the National Assembly lifting the state of emergency.

Chapter Three

Declaration of War

Article 135

Declaration of War

1. The President of the Republic shall the authority to declare war when he decides that the country is threatened by external aggression and this declaration has legal force when it is approved by the National Assembly.

2. The President of the Republic has the authority to dispatch the regular armed forces to any foreign country when he has decided that such deployment is in the interest of the country or necessary to a national interest.

Part IX

Transitional and General Articles

Article 136

Rules Governing Constitutional Authorities

This law governs the salaries, emoluments, privileges and remuneration of the President of the Republic, the Vice-Presidents, all presidential advisors, the Speaker of the National Assembly, members of the National Assembly, State Governors, all federal and state government ministers and advisors, members of State Assemblies, and other holders of posts created by the constitution.

Article 137

Repeal and Savings

1. On the day that the Constitution enters into force all Constitutional Decrees shall be repealed.
2. Notwithstanding this article, Constitutional Decree Number 14 (Implementation of the Peace Agreement of 21 April 1997) shall continue in force until the end of the transitional period stipulated therein.

Article 138

Entry Into Force of Constitutional Obligations

The Constitution enters into force after the people of the Republic of Sudan approve it through a referendum on the date that the President of the Republic signs it.

Article 139

Amendment of the Constitution

1. The President of the Republic of Sudan or one-third of the members of the National Assembly or State Councils shall have the right to propose amendments to the Constitution.
2. An amendment must be approved by a two-thirds majority of the members of the National Assembly.
3. An amendment as stipulated in paragraph 2 will not enter into force if it amends the procedural rules or is contrary to the basic principles set out below unless it has been approved by a majority of the people of Sudan in a referendum held in accordance with the procedures stipulated by the Electoral Commission and the amendment is signed by the President of the Republic after it has been approved by the referendum. The principles are:

1. Sharia, then consensus of the people expressed through a referendum, the Constitution and custom are the sources of law.
2. All individuals have freedom of conscience and religion and all citizens have the freedom of expression and to organize political succession in accordance with the Constitution;
3. Sudan is governed by a federal unitary government and the authority and financial resources are apportioned between the federal government and the states. The states have the independence to use their financial resources in accordance with the Constitution.
4. Sudan has a Presidential system of government, whereby the President is elected to represent and lead the country, is the head of the executive, and shares in the lawmaking authority.
5. The legislative authority is vested in an elected National Assembly or State Assemblies in their respective competencies, and which the President of the Republic and the State Governors shall participate, respectively, in their respective areas of competence and through general referendums held in accordance with the Constitution or law.
6. The judiciary functions with independence to resolve disputes and it is may decide upon disputes concerning the constitutionality of laws that effect the balance of powers between state and federal government or the basic rights and freedoms of individuals.
7. South Sudan is governed by a transitional government that shall strive towards union and coordinate the exercise and termination of the right to self-determination.

Article 140

Continuity of Constitutional Offices and Institutions

1. The President of the Republic shall continue in office to fulfil all his responsibilities and with all his authority at the time of the entry into force of this Constitution. His term shall terminate within a period of five years at which time a new President shall be sworn in accordance with the provisions of the Constitution.
2. The National Assembly shall continue to fulfill its responsibilities and retain its authority until the termination of its present term of four years and thereafter it shall be replaced by a new National Assembly in accordance with the provisions of the Constitution.
3. The State Governors shall continue in office to fulfil all their responsibilities and with all their authority for the term of four years after which new governors shall be elected in accordance with the provisions of the Constitution.
4. All the State Assemblies shall continue to fulfill their responsibilities and retain their authority until the termination of their present terms or until the President so decides, thereafter they shall be replaced by new State Assemblies in accordance with the provisions of the Constitution.
5. All constitutional organizations shall continue to fulfill their responsibilities and retain their authority, as shall all other government officials who hold positions in these bodies, until action is taken in accordance with the Constitution.

In pursuant to provisions of the republic of the Sudan 1998 the National Assembly has passed and the President of the republic has signed the Act hereunder provided .

Chapter 1

Preliminary Provisions

Title and Commencement

1. This Act may be cited as the Constitutional Court Act 1998 and shall Come into force from the dare of its signature.

Interpretation

2.1 In this Act unless the Context otherwise required:

"Constitution" means the constitution of the Republic of the Sudan 1998.

"Constitution and Suit" means any suit instituted before the Constitutional Court in accordance with law .

"Chief Justice" means the Chief justice of the Constitutional Court appointed in accordance with the provisions of article 3.

"Member" means the member of the Constitutional Court appointed by virtue of article 3.

"Judge" means the chief Justice ,Deputy Chief Justice or any of the members.

"Court" means the Constitutional Court provided for in article 3(1).

Chapter 2

The Court

3. Establishment and seat of the Court

3.1. The Court shall be Composed of the Chief Justice , Deputy Chief Justice ,and Five members all of them are appointed by The out the President of the Republic after the Consent of the National Assembly.

3.2. The seat of the Court shall be in Khartoum State and it may when necessary held its sessions in any other place decided by the Chief Justice after Constituting the members.

Court Sessions

4.1. The quorum of Judges required for the sittings of the Court shall be less than five members.

4.2. The Chief Justice shall Preside the sittings of the Court an If the Chief Justice and the Deputy Chief Justice are absent it shall be President.

4.3. The Court shall make an Internal regulation to conduct the works Procedures .

Condition of the appointment of the Chief Justice, Deputy and Other Justices

5. The Justice must meet the following requirements :

1. to be a Sudanese national;
2. of full capacity;
3. be of good behavior and reputation;
4. have a higher degree in Islamic law and common law from an university recognized in the Sudan;
5. have worked in a (international) judicial institution or have lectured in law at any university or any other institution recognized in the Sudan for a period not less than 20 years;
6. not convicted by a court of any offence against honor or honesty even if a pardon has been granted to him;
7. be not be less than forty years of age.

Vacancy of posts

6. The post of the justice of the Constitutional Court shall be vacant in any of the following cases:

1. if any of the requirements provided for in article 5 has not been met;
2. upon resignation presented to the President of the Republic;
3. upon a recommendation of removed made by four of the Justices upon which a decision shall be issued by the President of the Republic after giving him a chance to answer;
4. if he has completed seven years in this post;
5. Death.

Service Conditions

7. The President of the Republic shall determine by an order made by him the emoluments and Privileges of the justices.

Oath of Justices

8. The Chief Justice, deputy and other justices shall swear, before the President of the Republic, in the presence of the Speaker of the National Assembly, prior to assumming their posts, the following oath:

"I swear by Allah the almighty to respect the constitution and the laws, observe justice and fulfil the duty of my post with honesty , credibility, impartially without desire, fear or bias.

Prohibition of certain Activities

9. The Justice shall be prohibited from practicing any work or activity contradicting the independence of the Court and the Justice of the judicial post as it is Provided for on the regulations immunity of justices the justice may not be arrested , inquired or a criminal snit being instituted against him slave with the premising of the President of the Republic

Chapter 3

Jurisdiction and Powers of The Courts

Jurisdiction of The Courts

10. The Court shall be complement to hear and determine any matter concerning the following:

1. Interpretation of the constitution when requested to do so by the President of the Republic, the National Assembly, half of the Governors of the states or half of the State Assemblies.
2. Suits from any aggrieved person to protect the freedoms and rights guaranteed by the Constitution after exhausting the executive and administrative remedies available.
3. Suits concerning jurisdictional conflicts between national and federal bodies.
4. Criminal procedures against the President of the Republic and the Governors under the Constitution or the laws.
5. Objections concerning the acts of the President of the Republic, the Council of Ministers or a National or Federal Minister if the objection concerns any infringement of the national constitutional system or the constitutional inviolable freedoms or rights.
6. Any other matters determined to be ithin te competence of the Constitutional Court.

Powers of the Court

11.1. The Court shall, for the purpose of exercising the jurisdiction provided for in article 11, exercise all powers to hear and determine a case, to declare any law, judgment, or order unconstitutional, and to restore the right of an aggrieved person and to compensate him.

11.2. The Court has the power to issue an order to any authority to prevent it from doing any act in respect of a matter before it, to transfer a matter to the Court, to issue an immediate order to any authority to prevent that authority from disposing of a matter in a specific way, to take specific action, or to bring the matter before the Court so that its constitutionality may be examined, or to issue an order to any authority or person to bring a detainee before the Court to examine the constitutionality of the detention of that person. Failure to obey an order of the Court shall incurr personal responsibility.

11.3. The Court shall exercise the procedural powers of a criminal court in any criminal case against the President of The Republic or the government.

Chapter 4

Court procedures of the application for the Interpretation of the Constitution and Laws

12.1. The application for the interpretation of the constitutional lows shall be submitted by a petition from:

1. the President of the Republic;
2. from the National assembly;
3. by the president or who may ever be authorized;
4. by the assembly in writing;
5. half of the number of the Assemblies signed by the President of that Assemblies, the application may be submitted by the authoretrity which has been delegated in writing;
6. the minister of justice .

12.2. The application provide for in paragraph 1 shall include the following:

1. the name of the person or the authority who submitted the application;
2. a statement as the provisions submitted for interpretation and the grounds necessitating an interpretation;
3. any other information that may assist in the Court’s interpretation.

Rejection of an Amendment to a Petition

14.1. Where the petition is not draws up in the manner prescribed, the Court may reject it or return it for amendment within such time as may be fixed by the Court.

14.2. If the Petition is not amended within the time fixed by the Court in accordance with paragraph 1, the application shall be rejected.

The Summarily dismissal of the Petition

15. The Court shall dismiss the application and record the reason for such dismissal were it appears to it that,

1. the applicant has no right or direct interest in instituting the suit;
2. the petition does not contain any legal issue to be decided;
3. the petition does not disclose any infringement of any constitutional right; or
4. the applicant has not exhausted all the domestic remedies available to him .

Admitting the Suit

16.1. The aggrieved person or authority must exhaust all available domestic remedies before having recourse to the Court.

16.2. In the case of non-response by the authority to which a complaint has been submitted in a period not exceed 30 days from the date of receipt of the complaint, the Court may proceed to hear the caes if it deems such a hearing to be reasonable.

16.3. If a petition is submitted to the Court in the proper form, the Court shall make an order allowing it and directing the payment of the prescribed fees unless the applicant is excused from such payment by a court order.

Application for the Determination of the Jurisdictional Conflict

17.1. An application for the determination of a conflict of jurisdiction may be submitted to the Court from any national or federal authority by the Minister of Justice or by the national or federal governance body concerned.

17.2. The application mentioned in paragraph 1 shall specify the subject matter in respect of which the conflict of jurisdiction has arisen, whether it is about the Constitution, or other legal provisions, the grounds for the Court’s jurisdiction, the grounds and documents of each party concerning waiver of the fees, if relevant.

17.3. The Court may hear the parties, in addition to receiving written the grounds and documents in making it’s judgment or any decision.

Application concerning Individual rights

18.1. The application for determining any suit Presented by any person aggrieved by the violation of freedoms rights inviolable

quarantined by the constitutional shall submitted by a petition to the Court .

18.2. The applicant must exhaust the avoidable domestic remedies concerning the executive and administrative Bureau .

18.3. The application shall undue the following :

1. the name, address, and profession of the Plaintiff;
2. the name, address, and profession (if there is) of the defendant;
3. the direct interest or Injury suffered by the plaintiff;
4. the plaintiff’s claim(s).

18.4. The Court shall determine the application on the documents contained in the record and it may hear the parries if it thinks necessary for the purpose of achieving justice.

Procedures For bringing Charges against of the President

19. Criminal procedures may not be instituted against the President of the Republic or any of the Governors except with the written permission of the National Assembly or the Federal Assembly.

19.1. If an applicantion for permission to be granted by the National Assembly or the Federal Assembly has been received by the Court concerning the institution of criminal proceedings against the President of the Republic or the Governor, as the case may be, the Court shall take the following steps:

1. the Court shall delegate one Justice to investigate the President of the Republic or the Governor.
2. upon completion of the investigation of the President of the Republic or the Governor, the investigator shall submit the results of the inquiry to the Court, and this shall not affect the participation of the Justice in the trial.
3. the Court shall issue a judgment concerning the acquittal or convection of the President of the Republic or the Governor to the National Assembly or the Federal Assembly, as the case may be, to take the steps necessary according to the provisions of the Constitution and the law.

Chapter 5

Decision Making and Minority Opinions

20.1. The Court shall make decisions by consensus or majority.

20.2. In the case of majority decision each Justice may attach a dissenting opinion to the decision.

20.3. The decision of the Court shall be final and not subject to objection.

Judgments in Constitution Matters

21.1. The judgments and decisions of the Court shall be binding immediately upon its issuance for all state apparatus and all persons.

21.2. The judgments and decisions of the Court shall be published in the official Gazette.

21.3.1. The consequence of a judgment concerning the unconstitutionality of any provision in the law or in a regulation or order or any subsidiary measures shall be its non-applicability.

21.3.2. If a judgment of unconstitutionality is given concerning a provision of the criminal law, any conviction based on that provision of law shall be considered as it has never been made (abolished).

21.3.3. The Chief Justice shall inform the Minister of Justice immediately on making such judgment to take the necessary steps to implement the judgment.

21.4. If a provision of the civil law is found to be unconstitutional that shall not affect the working of the law prior to the judgment.

Execution of judgments

22. A decision to award compensation mad y the Court shall be executed by the competent Civil Court .

Chapter 6

Financial and Administrative Affairs

Annual Budget

23.1. The Court shall have an independent annual budget made in accordance with the same bases as the national budget.

23.2. The Chief Justice shall submit a draft of the budget to the competent authority after considering it and getting the approval of all the Justices. The Chief Justice shall be in charge of the execution of the budget in accordance with the regulations made by virtue of this law.

23.3. The provisions of the standard national financial and accounting procedures shall be applied to the Court budget and the final annual accounts of the Court.

Administrative Affairs

24.1. The Court shall have a secretariat and a number of workers. The Chief justice shall have the power of full supervision over them.

24.2. There shall be established by an order made by the Chief Justice a committee for the workers’ affairs specialized in the administrative affairs of the workers, including their service conditions.

Application of Public Service Acts

25.1. The provision of acts applicable to employees in the judiciary shall be applied to the Court’s employees if there is no provisions dealing with a matter in this law.

Chapter 7

General and Transitional Provisions

Transitional Provisions

26.1. The provisions of this Act shall be applied to cases to be decided by he Court including pending constitutional cases or cases that have not yet been completed before the commencement of this Act.

26.2. All the Constitutional cases instituted before the High Court shall be transferred to this Court on the entry into force of this Act.

26.3. The Court may not review any judgment, decision, or order made by a competent court, or an administrative or executive authority, if the available means of appeal have been exhausted prior the entry into force of the Constitution of 1998.

Instituting the Proceedings in a Constitutional Case

27.1. A constitutinal case shall not be instituted before a Court by nyone holding a power of attorney, except if they are a legal advisor or a lawyer practicing his profession for not less than 20 years.

27.2. With regards to paragraph 1, if the poverty of the plaintiff has been proven, and he has asked for an attorney, the Minister of Justice shall appoint a legal advisor or a lawyer to represent the plaintiff.

Court Fees

28. The Court may make rules regulating the fees of the Court after consulting the Minister of Finance and National Economy.

Rules of Evidence

29. The Court shall be guided by the principles of evidence, the rules for the interpretation of the law, and the notice provided for in article 33(4) of the Criminal Procedure Act of 1983 if there is no provission in this Act.

In pursuant the provision of section 27 of the Fifth Constitutional Decree of 1991 the President of the Republic has issued the Provisional order hereunder provided.

Chapter 1

1. This provisional degree shall be cited as the "Constitutional and Administrative Law Act 1996" and shall come onto force from the date of signature.

Interpretation

2. In this Act unless the context otherwise requires.

"Supreme Court" means the Constitutional Division of High Court.

"Constitutional Division" means the Constitutional Division of the High Court concerned with the hearing of constitutional and administrative petitions.

"Competent Judge" means the judge of the High Court authorized to hear the administrative objections in the first degree.

"Administrative Decision" means a decision made by an administrative authority that is a public authority that has the specific legal effect of allowing or denying the exercise of a right or duty of any person or persons, including the refusal or omission of an administrative authority to make a decision that it is legally bound to make.

"Objection" means an objection submitted by an aggrieved person in accordance with the provisions of this Act concerning an infringement of the national constitutional system or a violation of human rights, objections to the constitutionality of laws, and objections to the exercise of authority emanting form law.

"Executive Acts" mean the acts of the President of the Republic in accordance with section 5 of the Third Constitutional Decree of 1995.

Chapter II

Constitutional Objections

Objection in the Acts of the President of the Republic and Council of the Ministers and Ministers

3.1. There shall be submitted by a petition to the Constitutional Division every objection to the acts of the President of the Republic regarding the exercise of his authority which is a direct source is any provision in the constitution or any low claming the infringement of the Constitutional human rights provided for the in the constitution the petition plant shall include in addition to the general particulars of the petition of the suit the act, authority, the right concerned and how it has been violated infringed .

National Council of Minister or any government of any state or any national or federal Minister concerning the exercise a provision in the infringement of the Constitutional national system regime or the human rights provided for in the constitution provided that the plaint shall include in addition of the general particulars of the petition of the suit the act , authority , the right concerned and how it has been violated ,infringed for the purpose of sub-section (1) it shall be considedr an infringement to the national regime the exercising of an authoruty or a federal authority has been provided for in the constitution or the law .

3.2. Notwithstanding the provisions of sub-section 1, the executive acts of the President of the Republic, done in accordance with the provisions of the Constitution, may not be the object of an objection in accordance with the provisions of this section that results in the non-execution of the acts, but shall result in an order for compensation.

Request for protection of constitutional right

4. A claim for protection of constitutional right is made through a petition to the constitutional tribunal and must contain the following information:

1. details of the Constitutional right claimed to be abused and the details and circumstances that led to the abuse;
2. details of time and place of those circumstances;
3. an affidavit that the petitioner to the best of his knowledge has no other alternative through which to petition, or no other appeal in civil or criminal proceedings, with details of this claim;
4. the value of compensation claimed, if any.

Claim of Unconstitutionality

5. If there is a claim of unconstitutionality of a law or legislative clause or action according to the text of clause (3) in Court and if the Court has assessed the validity of the claim then the court shall set a date for the portig to present the case to the high court .

If the claim of unconstitutionality is presented to the high court during the time set by the court to which the petition was untially made then the court shall halt the proceedings until the high court rules during period of three months .If the case is not raised to the high court during the set period or if the high then the claim becomes null and void .

Constitutional Remedy

6. An application for constitutional remedy shall lie to the Constitutional Division of the High Court and shall be in the form of a petition that includes in addition to the general particulars required the following:

1. a statement of the right alleged to have been infringed and of the facts alleged to constitute the infringement;
2. a statement as to the time and place of such facts;
3. a declaration that the applicant to the best of his knowledge and belief has no other sufficient remedy whether by way of appeal or other civil or criminal proceedings and a short statement of the grounds for such belief;
4. a statement of the value of the relief claimed.

Plea of Unconstitutionality

5.1. If a plea of the unconstitutionality of any law or legal provision or act is raised before any court in accordance with the provision of section (3) and such courts satisfied of the genuineness of the plea it shall fix a time within which the party interested may institute a suit in the supreme court.

5.2. If a suit is instituted within the time so fixed the court before which the plea is raised shall stay the proceedings pending the final disposal of the suit in the supreme court and if no suit is instituted within the time so fixed the plea shall be considered as nugatory.

Amendment and Rejection of a Petition

6.1. Where the petition is not drown up in the manner prescribed the constitutional circle may reject it or return it for amendment within such time as may be prescribed by the constitutional circle.

6.2. If the petition is not a mended within the time fixed by the court in accordance with sub-section (1) the petitions shall be rejected.

Summary Dismissal of a Petition

7. The Constitutional circle shall dismiss the application and record the reasons for such dismissed where it appears to it,

1. that the applicant has no right or direct interest in instituting the suit;
2. that the petition do as not contain any justifiable issue to be decided;
3. that the petition does not disclose any clear infringement;
4. that the applicant has not exhausted all the remedies available to him.

Admitting the Suit

8. Where the petition is presented in the proper form the constitutional circle shall make an order allowing it and directing payment of the prescribed fees unless the applicant is excused from payment by it the constitutional circle order .

Notices

9. The Government shall be regarded as interested party in any constitutional suit or petition and the attorney General shall be summonsed .

Joiner of other Persons

10. Where it appears to the constitutional circle that any person has a right or a direct interest in the result of the suit or petition the constitutional circle may at any stage of the suit or petition direct that such persons be joined as a defendant.

Procedures

11. In a suit for a declaration of the unconstitutional human rights the same procedures as provided in the civil procedures Act 1983 and determinacy a civil suit shall be followed except the notice provide for in section .

Disposal of a Suit

12. Where it appears to the constitutional circle that the mmatter in issue can be determined on the written submission of—the parties the constitutinal circle may dead it according to such submission unless one of the parties applies to be heard in person or by an advocate.

Reference of questions of facts to trial Courts

13. If a suit is instituted and section 5(2), and it appears to the constitutional circle that the parties are at issue upon any question of fact which can be determined in the trial court it may refer such question to such court for hearing and determination , the court to which any question of fact has been referred under sub-section (1) shall hear and determine such question and return the record to the constitutional circle the record to the constitutional circle .

To the constitutional circle on receiving the proceeding the proceeding the constitutional circle shall proceed to hear and determine such question and any other questions not referred to the trial court .

Judgment

14. The judgment shall contain the decisions of the constitution question the relief awarded if any other orders made by the court.

Publication

15. The Judgment of the constitutional circle on questions of constitutionality of laws and acts shall be published

Part 2

Interpretation of the constitution and its Procedures

16.1. The constitutional circle shall be competent to interpret the constitution of the Attorney –General .

16.2. The Attorney- General may of his own motion or on the application of the interested parties submit an application for interpretation if he is satisfied that the nature and importance of the provisions submitted require such interpretation to ensure consistency in their application

Contents of the Application

17. For the purpose of section 16 the application shall contain a statement as to the provisions submitted for interpretation and the grounds which necessitate such interpretation.

Disposal of the application

18. The constitutional circle shall hear and determine the application on the documents contained in the record not with standing the provisions as subsection 1 on the Attorney-General to file further statements or explanations .

Effect of the Constitutional judgment

19. The judgment of the Consituitonal Division shall have the same binding effect of an ordinary judgment of aa court of law.

Part III

Administrative Judiciary judicial review of administrative Decisions

Procedures on Application

20.1. An application to review an administrative decision shall be submitted by a petition to the competent judge made by the president of the Republic the National Council of minister or the government of any state or any National or federal Minister .

An application to review an administrative decision shall be lie to the court of Appeal and shall be in a form of a petition made by any other public authority not mentioned in sub-section (1).

20.2. The petition mentioned in sub-sections (1) (2) shall includes in addition to the general particulars required in the plant statement of the nature of the decision subject to review and the grounds there of .

Where the decision required to be reviewed is appealable to a competent administrative authority the application shall specify the result of such appeal and the date thereof.

20.3. The application shall be accompanied by a copy of the decision required to be reviewed.

Time for Review

21.1. An application for review shall be made within 60 days from the application of the decision in the Gazette or in departmental circular or from the date of communication to the parties interested which ever is earlier .

Where the decision is applicable to a competent administrative authority time commences from the date of final disposal of the appeal.

21.2. The non-disposal of the administrative authority in the appeal within 30 days from the date off it is submission shall be considered as a refusal /rejection .

Stay of Execution

22. The submission of an appeal in accordance with the provisions of section 20 day to the competent judge or the appeal court as the case may be shall not operate to stay the execution of the decision appealed against provided that the competent judge or the appeal court as the case may e application of the parties concerned order the stay of execution may be irreparable or can not be compensated or that the stay of execution shall not result in any injury to the parties .

Conditions for Accepting the Application

23.1. An application for review shall not be accepted,

1. where the applicant has personal-interest;
2. where the applicant has not exhausted all the modes of redress available to him by law;
3. unless the decision is based on discretionary power of the authority made the decision;
4. unless the application is based on incompetence of the body issuing it or is based on an abuse of authority or a defect in form or a departure from the law or a mistake in the application or interpretation law.

Claim for Compensation

24. The competent judge or appellate court may decide upon claims for compensation for damages arising out of administrative decisions without limits as to value and where the claims was submitted as an original claim or incidental to a claim for setting aside an administrative decision.

Procedures in Hearing the Application

25. In the submission hearing and disposal of the application, the same rules and procedures shall apply as in a civil suit.

Appeal

26. The decision of an appellate court or a Competent Judge shall made to the Administrative Division within 15 days from the date of its communication to the applicant, by a petition submitted to the Administrative Division, and it shall contain a statement as to the reasons for the appeal and the grounds therefore. The Administrative Division shall make its decision within one month from the date of the submission of the petition. The same rules of the procedures shall be applied as are provided for in the Civil Procedures Act of 1983.

Execution of a Judgment

27. The judgment made in a review for an administrative decision shall be setting aside the decision or the subject to review making in order preventing and administrative.

In the name of Allah the Compassionate , the merciful,

In pursuance to the provisions of the Constitution of the Republic of Sudan,

the National Assembly has passed and the President has signed the Act hereunder providing,

Chapter I

Preliminary Provisions

Title and Commencement

1. This Act may be cited as the Political Parties Act 1998 and shall come into force from the first day of January 1999.

Interpretation

2. In this Act unless the context otherwise requires,

"Organization" means a combination of persons formed by voluntary affiliation, joining together for the purpose of political expression and to compete in elections for public authority in accordance with law.

"Registrar" means the registrar of the Political Parties according to section 7.

Chapter II

3.1. The organization shall be bound in its form by freedom, Shura and democracy and that shall be,

1. by free and voluntary choice of to join as a member, through the advice of members and through direct and indirect election for federal, state and local bureau’s and supreme commanders.
2. No one shall be compelled to join, purchase or tempt y money to support or be bound by and the organization, nor shall they be discriminated against on the basis of colour, origin, social status, ascendancy, sex, prestige or locality.

3.2. The organization in its political movement shall be bound by the fundamentals relating to the principles and provisions of the Constitution and laws and shall not adopt any methods or measures for the purposes of realising any doctrine to amend such fundamentals save by the manner and proceeding required by the Constitution or legal provisions.

3.3. The relationship between organisations shall be based on competition for the purposes of manifesting opinions and/or taking over authority and shall be restricted to safe and peaceful means and it reaction shall be peaceful without recourse to violence, force, aggression or tyranny which is in contravention with the rule of law, for the purpose of achieving any competition or political victory.

Chapter III

Capacity and Establishment

4. Any number no less and one hundred citizens having the right to vote in elections according to law and the leader of the organisation according to section 1, may establish an organisation and submit the application of its registration in accordance with the provisions of this law.

Membership Capacity

5. Any citizen has the right to join any organisation but he may not participate in the membership if he is prohibited by law from joining any party.

Memorandum

6. Any organisation shall have a memorandum in accordance with the Constitution and law, which includes the rules by which its work is organised, the organisation of financial and administrative affairs and its own distinctive principles and objects and without prejudice to the generality of the aforementioned, the memorandum shall include the following:

-the name of the organisation, provided that it shall not conform to the name of another organisation;

-the main office, which shall be inside Sudan;

-conditions of membership and withdrawal, in addition to the provisions concerning membership in article 3.1. above;

-the principles and policies and methods of work of the organisation, which must be in accordance with article 3.2. and 3.3; and

-the financial system of the organisation including the various procedures regarding payment, bookkeeping and accounting.

Chapter IV

Registration

Appointment of the Registrar

7. The President of the Republic shall appoint, with the consent of the National Assembly, a person or merit and experience as registrar for organisations and the order of appointment shall specify his emoluments and privileges.

7.1. The term of office shall be seven years from the date of appointment.

Registrar’s Oath

8. The registrar shall take the following oath before taking his office:

"I swear by the Almighty God that I shall perform my duties as a registrar for the political organisations without being a member of any organisation, independently, without being influenced by any authority and without fear and bias and that I shall be bound by Justice."

(Act No.20- 1997)

(Translation copyrighted by Rifaat Makkawi and Hameed Emam 1998)

PART I: PRELIMINARY PROVISION

1.Title

2. Repeal and saving

3. Exemption

4. Interpretation

PART II: THE MANPOWER

5.The Commission and its constitution

6. Function of the Commission

7. Financial resources

PART III ORGANISATION OF EMPLOYMENT

8. Establishment of employment exchange

9. Private employment exchange and employment exchange agencies

10. Prohibition of employing unregistered persons

11. Furnishing particulars

12. Nomination of employment

13. Notification of the employment exchange of appointment

14. Employment of Sudanese abroad

15. Inspection and investigation

16. Training of workers

17. Training Contract

18.Termination of training contract

PART IV: PROVISIONS RELATING TO WOMEN AND JUVENILES

19.Requirement for employment of women

20. Hours of work of women

21.Employment of juveniles

22.Medical Examination for Juveniles

23.Hours of work of the juvenile

24.Fixing the conditions and regulations concerning the juveniles in a conspicuous place

25. The Commissioner’s notification

26.The termination of the juvenile’s contract of service

27. Establishment and Constitution of the Special Committees

PART V: CONTRACT OF SERVICE

20. 28.Writing of the Contract
21. 29.Types and Terms of Contracts
22. 30.Contents of the Contracts of Service
23. 31.Terms inconsistent with the provisions of this Act
24. 32.The work that differs from that agreed upon
25. 33.Presenting of Contracts
26. 34.The receipt of depositing the papers of the worker and his certificates as to payment of wages

PART VI: WAGES, LOANS AND OTHER EMOLUMENTS

27. 35.General provisions about payment of wages
28. 36.The Deduction for Absence
29. 37.Loans
30. 38.Travelling Allowance
31. 39.Expenses of Transportation
32. 40.Statement of entitlements
33. 41 Violability of reconciliation, discharge or waiver

PART VII:WORKING HOURS AND LEAVES

34. 42.Normal working hours and Females working hours
35. 43.Overtime work
36. 44.Annual leaves
37. 45.Official Occasions and holidays
38. 45.Traveling leave
39. 46.Maternity leave
40. 47.Sick leave
41. 48.Al-eda leave
42. 49.Alhaj leave

PART VIII: TERMINATION AND EXPIRY OF THE CONTRACT OF SERVICES

50.Termination of Contract of Service by Notice

51.Termination of the Contract of Service in the case of repeated contravention

52. Appeals

53. Termination of the Contract of Service without notification to the worker

54. Termination of the Contract of Service without notification to the employer

55. Referring of disputes to the Commissioner Referring of disputes to the Commissioner

56.Reduction of the number of workers for economic and technological reasons

57.Termination of the Contract of Service with notice by the worker

58. Termination of Service when the worker is on a journey or voyage connected with his employer’s business

59.Certificate of Service

PART IX: AFTER SERVICE BENEFITS

60.Calculation of the gratuity

61.Termination of Contract of Service by the worker

62.Gratuity of the Seasonal Worker

63.Additional of the period of the previous service

PART X: MISCELLANEOUS PROVISIONS

64.Work Regulations and Penalties

65.Keeping of Workers’ Records

66.Validity of Contract of Service with the successor

67.Prohibition of enforcing certain contract

68.Payments payable on the death of the worker

69.Inspection

70.Labour Relation Council

71.Priority of entitlement of the workers

72.Exemption from the Judicial fees

73.Lapse of right by prescription

74.Conditions of Service and better Benefits

PART XIV GENERAL PROVISIONS

125.Amendment of schedules

126.Penalties

127.Power to make Regulations and rules

In the name of God the Merciful and Compassionate,

According to the Constitution Decree No. 3 of 1995 the National Council has passed and the President of the Republic has ratified the following Act:

Part I: Preliminary Provisions

Title

1. This Act may be cited as "Labour Act 1997’’ and shall take effect as from the date of its signature.

Repeal and saving

2.1. The following Acts shall be repealed :

1. The Manpower Act 1974.
2. The Industrial Relations Act 1976.
3. The Industrial Safety Act 1976.
4. The Individual Labour Relations Act 1981.

2. Provided that all rules and regulations made thereunder shall be deemed valid as if incurred or made under the provisions of this Act until they are repealed or amended under this Act.

Exemption

3. The following categories of persons shall be exempted from the applications of this Act: -

1. The Members of the Judiciary;
2. The Counsels of the Ministry of Justice;
3. Persons of Disciplinary Forces ;
4. Persons of National Security Organ;
5. Persons employed in the federal and states governments and public corporations whose conditions of employment are governed by special laws save the rules concerning the industrial relation and industrial safety ;
6. Domestic servants according to the definition specified in the Domestic Servants Act 1955;
7. Agricultural worker, other than persons employed in the operations, repair or maintenance of mechanical appliances and devices, and other than persons employed in factories, ginneries, diaries and similar establishments in which agricultural products are processed or adopted for marketing and other than persons employed in the administration of agricultural undertakings or doing clerical accounts work, stores, gardens, and poultry;
8. members of the employer’s family residing with him and wholly dependent upon him;
9. casual workers;
10. Any class of persons, the Ministry Council may declare by an order that they are exempted totally or partially from the provisions of this Act.

Interpretation

4. In this Act, unless the context otherwise requires:

"wage" means the aggregate of the basic pay, and all other remuneration payable to the worker by an employer and includes the value of any food, fuel or residence and any over time, payments or other remuneration for any work done, and any other bonus; provided that it shall not include any ex-gratia payments, or gift or travelling allowance or privilege or any subscription paid by employer for the work in any social insurance project such as provident fund, or pension, or life insurance, or special expenses paid by the employer to the worker.

" members of the family" means husband or wife, father, mother, grandfather, grandmother, daughter, granddaughter, grandson, brother, sister, half-brother, half-sister, stepfather, stepmother, stepson, and stepdaughter.

"dependent family" means those members of the family of the worker who are wholly or partly dependent upon his earning.

"Licensing" means obtaining license in the prescribed form for erecting a new factory or an extension to an existing one or carrying out other industrial operations and it includes also obtaining a license for making alterations relating to the arrangement, erection or organisation of machinery.

"Accident" means any injury or occupational diseace set out in schedule No. (6) hereto, which occurs to the worker in the course of employment or being caused thereby; and disables him from performing his work and also means any fire, explosion or collapse which occurs in the factory.

"Serious Accident" means any accident causing death or 50 percent or more disability, or causing injury to more than one worker, and also fire, explosion or collapse that causes damage in the means of production or places of work.

"Infant" means any person under 16 years of age.

"Continuous service" means continuous service with same employer starting from the date of employment and includes the period of training and the probationary period specified in section 29 (4).

"Worker" means any person male or female not less than 16 years old who performs work in return for wages of whatever type in service and subject to the management or supervision of the employer, whether his contract of service is written or oral, expressed or implied or for the purpose of training or probation, or who performs manual or semi manual work whether skilled or unskilled in consideration of wage of whatever kind.

"Production Worker" means the worker whose wage is based on the amount of daily work or piecework.

"Casual Worker" means any person who performs temporary work in a factory for a period not exceeding fifteen days and of a nature, which is not included within the activity performed in the factory.

"Contract of service" means any contract whether written or oral, expressed or implied, where under any person is employed under the supervision and control of an employer for a wage of any kind but shall not include contracts of apprenticeship and under the apprenticeship and Vocational Training Act,1974

"Competent authority" means the Minister or Wali whatever so requires

"Employee" means any person who employs by contact of service one person or more for a wage of any kind.

"Medical Practitioner" means a medical practitioner registered under the Medical Council Act 1992.

"Commission" means the Federal Commission for manpower established under section 5(1) of this Act.

"Sub-Commission" means the Sub-Commission for manpower established under section 5(2) of this Act.

"Substance" includes any solid, liquid, gas or any other compound.

"The Council" means the Council of Labour Relations established by section 70 (1)

"Labour Office" means any office established by the competent authorities for the enforcement of the functions of this Act

"Employer" in the case of

1. The private and mixed sector it means: every national person or body corporate who employs one or more employees under contract of service and it includes:

First: The heirs and successors and assignees of an employer as the case may be .

Second: The owner of any establishment or the chairperson or any person authorised by him

2. The Federal Government and the federal government organ; the Minister of Finance or any person authorized by him.
3. The public sector companies; the chairperson or any person authorized by him.

"Basic Salary" means the salary plus the cost of living allowance excluding other allowances.

"Project" means any project under the management of any person; wherein one or more workers are employed in return for wage of whatever type in the federal or states governments, public, private, corporation or mixing sector.

"Factory " means any industrial establishment or corporation or scheme under the management of a natural or corporate person, wherein one or more workers are employed in return for wages of whatever type and includes all the industrial operations set out in schedule No.(2)hereto, and any places, whether in open space or otherwise where any of following are carried out, directly or indirectly, for trade purpose or for gain :

1. manufacturing any substance wholly or partially;
2. changing, repairing, ornamenting, finishing, cleaning, washing, preparing, any substance for the sale or the demolition thereof;
3. printing by a printing press, lithography, photo-engraving, bookbinding,
4. or any other similar process;
5. generation of electricity, transforming its current or its distribution or use in factories and electrical schemes.

"Dependants" means those members of the family of an employer who have no work, profession or income by which they earn a living and his relatives or the relatives of his wife, who depend wholly on him for their livelihood

"Industrial Safety Inspector" means the official appointed under section 87 hereto,

"Civil Servants" means any civil servant who occupies a position set out in the first section of the public budget of the state;

"Trade dispute" means any dispute between employers and employees, between employees and employees, between employers and employers respecting the employment or non- employment or the terms and circumstances of employment of any person.;

"Trade Union" means any trade union formed under the Employees Trade Union Act 1992

"Minister" means the Central Minister of Manpower;

"Intimidate" means to cause in the mind of the employee or employer a reasonable apprehension of injury to him or any member of his family or to any of his dependants or of violence or damage to any employer or employee or to his property.

PART II: THE MANPOWER

The Commission and its Constitution

5.1 The Minister may, by an order made by him, constitute a commission to be cited as the Federal Commission for manpower, consisting of a president, specialised members representing the state’s organs concerned, workers and employers.

2. The Commission provided in section (1) may constitute subcommittees for it in the states
3. The Federal Commissions and its subcommittees in the states are subject to the supervision of the Minister

Function of the Commission

6.1.The Commission shall have the following functions:

1. Co-ordination of the activities of the executive organs concerned with manpower in accordance with the prescribed general policy
2. Compiling and maintaining up to date statistics and submission of all information and recommendations, as it thinks fit, to the minister who submits them to the Minster’s Council
3. Supervising over the prescribed manpower programs in such manner as may be compatible with the development plans
4. Performing any other functions in the field of the manpower which the minister entrusts to it within the general policy prescribed by Minister’s Council.

6.2 .The Commission may authorise any of its functions to the subcommittees in the states.

Financial resources

7. Funds shall annually be appropriated for the activities of the commission and its sub committees from specific percentage of the development budget recommended by the National Council for planning to enable the Commission to perform its functions

PART III ORGANISATION OF EMPLOYMENT

Establishment of employment exchanges

8.1. The minister may establish employment exchange and determine the areas or groups for the service of which such exchanged are concerned

8.2. The employment exchange is subject to the supervision of the competent authority.

8.3. Every unemployed person willing and able to work or every workman desirous of changing his work , may apply for the registration of his name for such purpose at the employment exchange concerned, presenting all the necessary particulars and documents in proof thereof

8.4. The employment exchange may require any person willing to work or change his work to pass a vocation test which it thinks appropriate for proving his skills or to produce any necessary documents including the personal identity card in the places in which The Identity Cards Act,1981 applies

8.5 The employment exchange shall register every application presented to it which satisfied the conditions and shall give the applicant a certificate free of charge within a maximum period of two days from the time of presenting the application; provided that the validity of such certificate shall not exceed one year

8.6. No person shall register his name at one time in more than one employment exchange or furnish false particulars at the time of registration.

Private employment exchange and employment exchange agencies

9. 1.The Minister may in the cases of extreme necessity which so require and accordance to the rules and conditions determined by him permit any person to establish private employment or carry on employment business; provided that the exchange shall not charge any commission or obtain any fees from the workman in consideration for getting him employed

9. 2. Subject to section (1) no person or body shall carry on an employment business

Prohibition of employing unregistered persons

10. Without prejudice to the provisions of this Act, no project shall employ any person falling within the jurisdiction of any of the employment exchanges unless he has obtained a certificate of registration in accordance with the provision of section 8(4)

Furnishing particulars

11. Every project shall furnish the competent authority or the commission of the employment exchange concerned with any particulars required within two weeks from the date of request

Nomination of employment

12.1 Subject to the provisions of the Public Service Act 1994 and the regulations made thereunder: -

1. No notice for any post for the purpose of employment shall be issued by any means of publication or publicity except after obtaining a written permission from the competent employment exchange; and there shall be mentioned in the notice the serial number of the permission issued by the employment exchange
2. Every project which employs ten persons or more and desires to employ any of the persons to whom this Act applies and who falls within the jurisdiction of any employment exchange shall apply to the competent employment exchange for nominating a person or persons who possess the required qualifications for the post; and the appointment shall be made from those nominated by the employment exchange; provided that the provision of this sub-section shall not apply to the employment of the following categories:

(i)employment of persons for casual work the performance of which does not take more than three months or any period determine by the Minster;

(ii)employment by the employer of the members of his family or his dependants;

(iii)principal posts the holders of which are considered as authorised representatives of the employer and the determination thereof shall be made by a decision of the Minister;

(iv)employment by an administrative body concerned with the welfare of ex-convicts

12.2. The Minster may make a decision to increase or reduce the number referred to in sub-section (1) hereof or order the exemption of any categories of workman from the provision thereof

12.3 . Any project may publish a notice for any post under sub-section (I) in accordance with the condition of the post submitted to the employment exchange; and if the employment exchange notifies the project, to which the provision of sub-section (2) of this section apply, that there is no person among those registered therein who possesses the required qualification or the employment exchange has failed to submit a suitable nominee within two weeks from the date of the receipt of the application, in such case the project shall notify the competent employment exchange with the name and the qualification of the person who has been chosen for the post within a week from the date of his employment

Notification of the employment exchange of appointment

13. Every project appointing a person registered at an employment exchange shall return the certificate of registration of such person to the exchange after recording the required particulars thereon within a period of two weeks from the date of appointment.

Employment of Sudanese abroad

14. Every Sudanese willing to work abroad shall obtain a permit therefor from the Commission according to the Regulation made under this act without prejudice to any other condition, or procedure, which shall, be required to be satisfied under any other Acts

Inspection and investigation

15.1 For the implementation of the provisions of this Act, the officials authorised by the Commission who shall carry cards evidencing their authorisation shall have power to visit projects at any time to carry out the functions of inspection or investigation or examining documents or cards relating to the workmen and to require the necessary particulars from the employers or persons acting on their behalf or to summon them if they decide it is necessary, and the employers or their agents or person shall facilitate the work of such officials and shall furnish them with the honest and correct information in relation to their work. The competent authorities shall give effective assistance to such officials in carrying out their functions if the situation so requires

2. The Minster shall issue the orders necessary for the regulation of methods and procedure of inspection and the cards of the officials carrying out inspection

Vocational Training

Training of workers

16. The employer may perform training to his workers for learning or training a designated trade within a specific period of time according to the requirements and needs of the work

Training Contract

17. The training shall be made in a writing contract, the obligation of the two parties in the period and the stages of training shall be prescribed, provided that the wage during the period of training shall not be less than minimum standard wage according to the Minimum Standard Wage Act 1974.

Termination of training contract

18. The employer may terminate the training contract when has proof of the incapacity and preparedness of the worker for training in a designated trade or working in satisfying manner

PART IV. EMPLOYMENT OF WOMEN AND JUVENILES

Requirements of employment of women

19. No women shall be employed in works which are dangerous, demanding great bodily effort or prejudicial to health such as carrying heavy weights and work done under the ground or under water and also work which would expose them to poisonous substances, cold, or heat exceeding the reasonable limits women can withstand.

Time of employment of women

20.1 No women shall be allowed to work between 10 p.m. and 6 a.m. with the exception of employment of women in administrative, professional, technical work or social or health services work.

20.2 Notwithstanding the provision of subsection (1) the competent authority in consultation with the Commission may allow under the conditions prescribed by it, .any class of women to work at night in response to the requirements of public interest.

20.3 The daily total rest intervals for women shall not be less than one hour with pay and the intervals shall be regulated so that the interval of rest extends for half an hour or more; provided that the working period shall not extend for five consecutive hours without such interval

Requirements for employment of infants

21.1.No infants shall be employed in any of the following works:

1. Carrying heavy weights;
2. Steam boilers and pressure receptacles;
3. Blast furnaces and founders;
4. Works done under the ground, or under water and mines or quarries work;
5. Works in the composition of which lead and its compounds enter;
6. Works in which workers are exposed to poisonous or injurious materials whether organic or inorganic such as lead, mercury, cyanide, calcium, petrol and its compounds;
7. Radiation works and ionising radiation,
8. Maintenance of machinery and the belts thereof

21.2 Subject to the sub-section (1) hereinbefore. Juveniles shall not generally be employed in dangerous industries and works injurious to health or those which require physical effort, or in works and jobs which are injurious to their morals. The Minister may specify certain works and jobs as such.

21.3 No infants shall be required to work at night between 8 p.m. and 6 a.m. and the commissioner may, where he deems it fit, exempt any infant between fifteen and sixteen years of age from the application of the provision of sub-section (1),

21.4 Juveniles under twelve years of age shall not be employed with the exception of:

1. the vocational schools of the State;
2. training workshops not for the purposes of profit;
3. members of the employer’s family who work under his supervision in an enterprise in which no other person is employed;
4. workers under apprenticeship contract;

21.5 The Minister or any person authorised by him may refuse the employment of juveniles under the age of 15 years in such industries and enterprises as he may specify by decision.

21.6 Subject to subsection (5) a juvenile under fifteen years of age shall not be employed unless he has a guardian who resides with him in the place of work. And the contract with the juvenile shall not be binding on him unless his guardian has approved his employment and presented to the employer what proof of his guardianship over the juvenile, and his address.

21.7 Juveniles shall not be employed for additional hours and shall not be employed in the weekly or officials holiday or waive their right to annual leave or postpone or break the same.

Medical Examination for Juveniles

22.Full medical examination shall be made for every juvenile before his employment and at periodic intervals after employment in the manner specified by the Commissioner according to the nature of work. a medical practitioner shall carry out the appropriate examination and issue the necessary medical certificates.

Hours of work of the juvenile

23. The normal working hours for juveniles shall be seven hours during which there shall be an interval of one hour for rest with pay, and the juvenile shall not be employed for more than four consecutive hours without internal for rest.

Fixing the conditions and regulations concerning the juveniles in a conspicuous place

24.The employer shall fix in a conspicuous place in the place of his work a copy of the regulations concerning the employment of juveniles provided for in his Act, and a list showing the hours of work and the periods of rest.

Competent authority’s notification

25.The employer shall notify the Competent authority of any infant who appears to be an unnaturally violent delinquent, who attempts to damage materials or machinery, or is habitually negligent and repeated an absent from work without acceptable excuse

Termination of the juvenile’s contract of service

26. The contract of service of any juvenile shall be terminated if it is proved that he is unfit for work according to a medical certificate issued under section 22 hereof.

Establishment and Constitution of the Special Committees

27. The Minister may establish and constitute special committees for any industry, or specific occupation, to lay down conditions of service for juveniles and for specification of weights that juveniles of less than fifteen years of age shall be asked to carry, pull or push. Such committees shall submit their recommendations to the Minister to make the appropriate decision thereon.

PART V: CONTRACT OF SERVICE

Writing of the Contract

28.1 Any contract which exceeds three months in duration shall be made in writing by the employer. Such contracts shall be written in three copies, signed by the two parties. Each party shall keep one copy and the third copy shall be deposited with the Commissioner.

28.2 .The contract made under sub-section (1) shall not be deemed beneficial to the employer unless and until the worker takes cognizance of and signs it, either by writing his names or putting his thumb impression or stamp on it. He may call a witness to read the contract over and sign it by writing his name or impressing his thumb or stamp thereunder.

28.3. In case the worker is not able to read the contract, the employer shall read the contract in the presence of the witness selected by the worker; provided that such witness is able to write and read.

28.4. In the absence of a written contract, the worker may prove his entitlements by any kind of evidence.

28.5.When a dispute arises between the employer and a worker working without contract of service for solving the dispute, they may be guided by one or more similar contracts that have been made with a number of workers, working with the same employer for the same period, for the same work and in the same enterprise.

Types and Terms of Contracts

29.1.The contract of service may either be for a definite or indefinite period, and it may be for the performance of a specific work.

29.2. The duration of a definite period contract shall not exceed two years, and it may be renewed only once in the same enterprise. Such new period shall be considered continuous with the previous service and in case the worker continues in service after the duration of the period of renewal, he shall be deemed as contracting for an indefinite period contract.

29.3. Any written contract shall be considered indefinite unless it is clearly stated therein that it is for a definite period or it is for performing a specific work, or for the substitution of a worker for another.

29.4.The probationary period shall not exceed three months with the exception of the training period and the contract of service is considered an indefinite contract if the period is not specified and the probationary period has elapsed, without the contract being terminated by either party.

Contents of the Contracts of Service

30.The contract of service shall be written in clear and unambiguous terms where the rights and obligations of the two parties are to be clearly specified. Without prejudice to the generality of the foregoing, the contract of service shall contain the following particulars:

(a)the name of the employer, and the name of the enterprise, its place and address:

(b)The full name of the worker, his age, domicile, and any other particulars necessary for identification and his qualifications;

(c) The nature and kind of work agreed upon to be performed; the starting date, and the place of work;

(d)The agreed wage and the mode of payment;

(e)Period of notice for the termination of the contract;

(f)Any other terms of service to be agreed upon;

(g)Any other particulars under the provisions of this Act.

Terms inconsistent with the provisions of this Act

31.Any term in the contract which is inconsistent with the provisions of this Act shall be void even if it proceeded the date of its commencement, unless such term is more favorable to the worker who can claim all his entitlements under this Act.

Work that differs from that agreed upon

32.The employer shall not ask the worker to do without his consent work basically different from the work agreed upon in the contract of service unless necessity so requires for prevention of an accident or repair of what arises from that accident, or in the case of force majeure provided that such request shall be temporary for a period not exceeding two weeks.

Presenting of Contracts

33. The Commissioner may, if he deems it necessary, ask the employer to present to him all contracts of service or of those of the same categories of workers working with him, for the purpose of perusal and checking.

Receipt for the papers of the worker and his certificates deposited

34.The employer shall give the worker a receipt for documents or certificates deposited with him

PART VI: WAGES, LOANS AND OTHER EMOLUMENTS

General provisions about payment of wages

35.1.The wages of the worker shall be paid in cash, and there may be exempted therefrom what is included into the wages such as providing the worker with food, fuel, lodging, transportation or clothing.

35.2.The wage may be paid daily, weekly, fortnightly, or monthly, in the manner agreed upon unless the Commissioner directs otherwise.

35.3.The employer and the production worker contracting to work for an indefinite duration shall agree to a specific wage for the minimum amount of the daily work and according to such wage there shall be calculated the entitlements of the worker other than the gratuities, and for the purposes of this section the wage of the production worker shall be calculated at a rate equivalent to that received by any other labourer carrying on a similar work and the wage shall be paid to him after certain periods of time under sub-section (2).

35.4.Notwithstanding any agreement between the employer and the production worker on the changes of the system of employment by transferring the worker from the monthly to the daily, the weekly or the fortnightly pay, or to the wage based on production, the worker shall continue to be entitled to all rights which he gained during the period in which he worked on the basis of the monthly pay.

35.5. Subject to sub-section (2) the wages of the daily workers shall be paid daily, unless there is an agreement between the employer and the worker, payment will be at the end of the working day in the place of work and during the working hours.

35.6.With the exception of what was provided for in sub-section (5) the wages shall be due at the end of the week, the fortnight, or the month as the case may be and shall be paid in the place of work and during the working hours. The payment of wage shall not be delayed to after the third day, from the date of entitlement as agreed upon.

35.7.In the case of termination of the contract of service, all entitlements of the worker shall be paid within a week from the date of termination.

35.8.The wages shall be paid to the worker personally, or to any person authorised by him in writing without any deduction. Unless, when such deduction is agreed upon in writing by the parties or such deduction is made under the provisions of this Act or any other Act. In the case of making any deduction, the employer shall give the worker a statement of such deduction if the worker so requests.

Deductions for Absence

36. 1.The worker shall not be entitled to his wage for the period of his absence from work, except in cases specified under this Act or where the employer consents to pay during absence from work.

36.2.The worker who completes three months in continuous service is entitled to a wage during his absence from work for any of the following reasons:

(a)The unavailability of the ordinary means of transportation;

(b)Occurrence of catastrophes or events that prevent him from attending to the work;

(c)Summons by the Court, or any other public authority authorised by law so to do;

(d)Death of husband, or wife, or any of the sons, or any of the parents, or any of the brothers or sisters;

(e)Any other reason accepted by the employer.

Loans

37.1.The employer may grant loans to the workers provided that: -

(a)Such loans shall be without interest but the employer may charge a reduced percentage to meet expenses concerning such loans;

(b)The periodical deduction for the settlement of the loan shall not exceed 15% of the basic salary.

37.2.Subject to paragraph (b) of sub-section (1) the worker shall pay the instalments of the loan granted to him at the termination of the contract of service, through the manner specified in the contract of the loan or by any other legal means.

37.3.Courts shall not accept any claims raised by an employer against any worker concerning any loan unless such loan was granted to him under a written contract.

37.4.Loans for workers shall be without interest

Travelling Allowance

38. 1.Any worker asked by the employer to do work outside the area of his work or outside the station of his work the employer shall bear the expenses of transport of the worker to and from.

When the worker spends a whole night outside the place of his work for the purpose of his duty, the employer shall pay him travelling allowance at the rate specified in the conditions of his service. If there is no agreement thereto, the employer shall pay the reasonable expenses which the worker spends every night provided that in all cases what the employer pays for one night shall not be less than the wage of three days. For the purpose of this section the transfer of the worker for a period of six months or less shall be considered as travelling on duty.

Expenses of Transportation

39.1.The employer shall transport the worker or pay the expenses of transportation to the area where he was initially employed within seven days from the date of the termination of the contract of service.

39.2.If the employer, during the commencement of contract of service, transported the worker from the place of his work to another place, he shall pay the expenses of transporting the worker, members of his family who totally depend upon his earnings and their luggage to that place according to the prescribed rates of transportation.

39.3.In the case of the worker’s death, the employer shall transport the wife or wives and children of the deceased worker who depend wholly upon his earning together with their luggage to their original place of residence if they so request.

39.4.A certificate from the competent authority shall prove the legal bail of the members of the family of the worker.

Statement of entitlements

The employer shall, at the termination of the contract of service, give the worker a detailed statement of his entitlements.

41.Violability of reconciliation, discharge or waiver

Unless it is otherwise provided in this Act, every acquittal or reconciliation or waiver concerning prescribed entitlements hereof shall be deemed void.

PART VII: WORKING HOURS AND LEAVES

Normal working hours

42. 1.The normal working hours shall be forty eight hours per week, or eight hours per day provided that an interval of not less than half an hour with pay shall be allowed during the working hours either for taking a meal or for rest.

42.2.The competent authority may an order made by it after consultation with the Council, amend the weekly or the daily working hours or the intervals of rest for some periods of the year or for some categories of workers according to the nature and kind of work.

42.3.The daily working hours shall be reduced by one hour with pay, during the month of Ramadan in relation to the fasting workers and to wet nurses for two years from the date of the birth provided that such an hour shall be payable by the employer

Overtime work

43.1. With the exception of the cases where the competent authority otherwise decides and subject to the provisions of section 21(7), the employer, in pressing emergency may ask the worker to do over-time work for a period not exceeding four hours and except in cases of imminent emergency the overtime work shall be an agreement of the two parties; provided that

1. its period shall not exceed four hours per day and twelve hours per week. In all cases, the overtime work shall be optional for women within the periods specified in sub-section (1).

43.2. The overtime work wages shall be paid on the date of payment of the normal wage as follows:

(a)In cases of normal working days, the hour is calculated to be equal to one and half-hour;

(b)In cases of official holidays and weekly holidays, the hour is calculated to be equal to two hour.

43.3 The overtime wage shall be calculated on the basic salary.

Annual leave

44.1. The annual leave is a right for the worker and shall be due according to sub-section (2) after the completion of one year of continuous service with the employer, provided that it shall be with full pay and its time shall be tabled during the year according to the needs of work and shall include the official holidays and vacations.

44.2. The annual leave shall be calculated as follows:

(a) If the worker completed from one year up to three years of continuous service, he shall be entitled to an annual leave equal to twenty days;

(b) If the worker completed eight years and less than fifteen years of continuous service he shall be entitled to an annual leave of twenty-five days;

(c) If the worker completed fifteen years or more of continuous service he shall be entitled to an annual leave equal to thirty days.

44.3. Subject to the provisions of sub-sections (1) and (2), in case of the termination of the contract of service for any reason or in the case of resignation, the worker shall be entitled to a wage for all the days of the annual leave or the proportionate part of the period he spent and had not been granted leave therefor.

44.4. The worker, with the consent of the employer, may postpone his annual leave for a year, or he may divide it between the year in which it was due and the following year and such leave shall not be postponed ( all or any part thereof) for more than one year, and the worker shall be entitled to his annual leave plus the postponed leave in the following year.

Travelling leave and official occasions and holidays

45.1. The worker shall be entitled to a travelling leave with full pay for travelling to and from between his place of work and his original home once per year.

45.2. The travelling leave shall be calculated according to the time shown by the Sudan Railways trains or the River transport Corporation steamers, or by any means available for land transportation to the original home of the worker; provided that in all cases the period shall not exceed ten days.

45.3. During the official occasions and holidays the worker shall be entitled to a leave with full pay, after the completion of three months of continuous service.

Maternity leave

46.1. A women worker after the completion of one year’s service from the date of her appointment and for any subsequent year of service shall be entitled to a delivery leave on full pay calculated as follows:

(a) Four weeks before delivery and four weeks after delivery provided that the probable date of delivery and the actual date on which delivery takes place shall be certified by the Medical Practitioner;

(b) A permission may be given optionally for the same period of leave as provided in paragraph (a) to be two weeks before delivery and six weeks after delivery;

(c) If the women worker absents herself after the completion of the period mentioned in paragraphs (a) and (b) above due to illness resulting from pregnancy or delivery which makes her unable to resume work with a certification of the medical practitioner, in such case she is considered to be on a sick leave.

46.2. Without prejudice to the provisions of paragraphs (a) and (b) of section 34 (1) and the provisions of section 50, the women worker shall not be dismissed during the period of pregnancy or during the delivery leave.

Sick leave

47.1 Subject to the provisions of the Work Injuries Compensation Act. 1981, if the worker completed a period of not less than three months of continuous service and he is unable to come to the place of work because of a certified illness the reason of which is not due to his misconduct or negligence, he shall be entitled to a wage for all the days of his absence due to such illness and the wage shall be calculated on every subsequent twelve months he spends in the continuous service as follows:

(a) Three months with full pay;

(b) Three months with half pay;

(c) Three months with quarter pay.

47.2. The worker shall not be on a sick leave with reduced pay unless he has exhausted his normal leave.

47.3. If the illness continue for a period of more than stated above, the worker shall be on a sick leave without pay until he is sent during a reasonable period to the medical commission to decide promptly his fitness for work

Mourning leave

48. A women worker whose her husband has died shall be granted a mourning leave with a full salary starting from the date of death of the husband and the period of leave shall be as follows:

(a)Four months and ten days where a women worker is not pregnant

(b) if she is pregnant, the mourning leave continues till her delivery, in this case, permission may be given for maternity leave for eight weeks starting from the date of delivery

Pilgrimage leave

49. The worker who spend three years of continuous service, he shall be entitled to a leave on full salary once during the period of his service, and the worker shall furnish the employer with the documents which proved his intention to perform this religious task

PART VIII: TERMINATION AND EXPIRY OF THE CONTRACT OF SERVICES:

Termination of Contract of Service by Notice

50.1. The contract of services shall terminate by notice for any of the following reasons:

(a) In case of disability of the worker to perform his work, or if he is so ill that he ceases to work even if after the completion of his annual sick leave whether such leave be with or without pay; provided that the illness of the worker be proved by the Medical Commission;

(b)The completion of the work contracted for, or expire of the period of the contract;

(c)The total destruction of the establishment;

(d)Attaining the age of sixty years, unless the two parties agree otherwise; provided that such period shall be considered continuous service;

(e)The dismissal of the worker, or his desertion of the work during the probationary period;

(f)Agreement of the two parties in writing to terminate the contract of service.

(g) Dissolution or liquidation of the establishment provided that is proven by official certificate from the competent authority

(h)Resignation of the worker

(i)Death of the worker

50.2. Except in cases where the contract of service provides for a longer period of notice the contract of service shall terminate for the reason mentioned in sub-section (1) by a written notice by either party, and the period of notice shall be as follows:

(a)One month, where the worker works on the basis of a monthly wage;

(b)Two weeks, where the worker is appointed on the basis of a fortnightly wage, and has completed less than five years of continuous service;

(c) One week, where the worker is appointed on a weekly wage and has completed less than two years of continuous service and two weeks if he has completed two years and less than five years of continuous service;

(d)Where the worker is appointed on the basis of a daily wage the period of notice shall be as follows: -

Firstly, if he has not completed three months of continuous service, at the end of any working day and it is not essential that the notice be in writing;

Secondly, One week, if the worker completed between three months and two years of continuous service;

Thirdly, Two weeks, if the worker completed between two and five years of continuous service;

(e)One month if the worker is appointed on a daily, weekly or a fortnightly wage, and has completed not less than five years of continuous service;

(f)Six months, directly before expiration of the contract by reason of reaching the age of pension.

50.3. If either party did not notify the other of the expire of the contract of service and under sub-section (2) the injured party shall be paid a compensation equivalent to the wage of the period of notice.

50.4. The worker may after the completion of half of the period of notice, leave the work for starting other work; provided that he is paid a full wage for the remaining period of notice.

50.5. If the worker at the expiry of the contract of service is entitled to his annual leave, the period of such shall not be calculated in the period of notice.

50.6. For the purpose of pension the age shall be proved by any of the following means and according to the following requirements:

(a)The admission of the age recorded by the employer in the document of the social security or pension. Or life insurance signed by the worker;

(b)The original certificate of birth;

(c)Certificate of birth by assessment from the medical commission.

Termination of the Contract of Service in the case of repeated contraventions

51.1. In the case of repeated contravention, if the worker is notified of dismissal where all or the maximum penalties prescribed were exhausted, the employer in the case of any succeeding breach, may terminate the indefinite contract of service by notice, the duration of which shall be fixed according to the provisions of sub-section (2) of section 50: provided that the employer shall give the worker a letter showing the reasons of the termination of the contract of service, and shall pay him all his entitlements.

51.2. The notification shall be automatically lapsed if the worker has received a final notification and has not committed any contravention within the year which follow the date of notification.

Appeals

52.1. Any of the two parties may appeal to the Commissioner against the order of termination of the contract of service under sections 50 or 51 within a period of two weeks starting from the date of notification.

52.2. The competent authority shall make his decision within a period of two weeks starting from the date of receiving the application of appeal.

52.3. If the competent authority approves the termination of the contract the employer shall pay to the worker all his entitlements. If the Commissioner did not approve the termination he shall order the return of worker to his work; provided that all his entitlements for the period of suspension shall be paid to him. In case that the employer objects to carrying out the decision made by the competent authority, the employer shall give the worker all his legal entitlements including his wage during the period of suspension, plus a compensation equalling to six months pay.

Termination of the Contract of Service without notification to the worker

53. The employer may terminate the contract of service without notice in the following cases:

1. If the worker assumes the personality of another, or if he presents for the purpose of work forged papers;
2. If the worker made a mistake resulting in gross negligence that caused heavy financial loss to the employer;
3. If the worker in spite of being notified in writing does not comply with any instructions made for the safety of the workers and of the undertaking; provided that such instructions be in writing and fixed in a conspicuous place;
4. If the worker deliberately omits to carry out his obligations under the contract of service;
5. If the worker discloses any industrial or commercial secrets which come to his knowledge in the course of his duties, save what the law permits;
6. If the worker is convicted of an offense concerning honour or morality or conduct or if he commits in the place of work an act inconsistent with morality;
7. If the worker commits an assault on his employer or the responsible manager which is punishable by law or if in the course of or during his work commits any grievous assault to any of his superiors or any other worker;
8. If the worker is found in an obvious state of drunkenness or was under the influence of an intoxicating drug; provided that the medical practitioner so decides.

Termination of the Contract of Service without notification to the employer

54. The worker may terminate the contract of service without giving notice to the employer in the following cases:

1. If the employer or the person on his behalf cheated the worker in relation to the contract of service;
2. If the employer has not satisfied his obligations towards the worker in accordance with the provision of this Act or the terms of the contract of service;
3. If the employer or the person acting on his behalf commits an assault punishable by law on the worker;
4. If there is a serious danger threatening the safety of the worker or affecting his health, provided that the employer knows the danger and does not take the measures and procedure necessary to prevent it.

Referring of disputes to the Competent Authority

55.1. In all cases specified in sections 53 and 54, the contract of service shall not be terminated before referring the dispute to the competent authority to obtain his approval. The Commissioner shall make the appropriate investigation concerning that case or cses, and he shall make his decision thereon within a maximum period of two weeks starting from the date of referring the dispute to him.

55.2. In case of proof of any of the cases specified in section 53, the employer may suspend the worker until the competent authority makes its decision.

55.3. When the employer terminates the contract of service before referring the dispute to the competent authority or before the competent authority make its decision, the following steps shall take place:

1. The worker shall be returned to his work together with payment of full wage for the period during which he was suspended; or
2. Payment of all entitlements of the worker including his wage for the period of suspension plus the payment of compensation equal to six months wages.

55.4. If the worker leaves the work before referring the dispute to the competent authority or before the competent authority makes its decision, no wage is to be paid to him for the days during which he left the work.

55.5. If the competent authority is not convinced with the reasons of termination of the contract of service under section 53, the competent authority shall make its decision that the contract of service is to continue in force, and the worker shall start his work and shall be paid all his entitlements for the period during which he was suspended. If the decision is the termination of the contract of service under section 53, the employer may terminate the contract of service and shall pay the worker not less than three quarters of the gratuity entitled to in addition to his other entitlements, except his wage for the period of notice.

Reduction of the number of workers for economic and technological reasons

56.1. The employer may apply to the competent authority for the reduction of the number of workers or to shut down the place of work for economic or technological reasons.

56.2. The competent authority shall submit the application to the competent commission to consider it

56.3. The competent authority shall make its decision on such application within a period of three weeks from the date of receiving the same in the light of the recommendation of the commission mentioned in subsection (6)

56.4. If the Governor (walli) approves it, the employer may make the reduction according to the Governor’s decision. The employer has the right to make the reduction according to what was specified in his application if he did not receive the direction of reduction from the Governor after the expiry of four weeks from the date of receiving the application by the Governor; provided that no harm shall ensue to the reduced workers in relation to their rights.

56.5. If the employer reduced the number of workers without regard to the procedure specified in this section or if that reduction was made in contravention of the Commissioner’s decision, or before his decision or before presenting his application, the following steps shall take place:

1. The worker shall be returned to his work together with payment of full wage for the period during which he was suspended; or
2. Payment of all entitlements of the worker including his wage for the period of suspension plus the payment of compensation equal to six months wages.

56.6. The competent authority shall constitute three commissions, the concerned state’s organs are represented by the numbers which are prescribed as well as the employers and employees organisations in equal manner to consider and direct the applications concerning reduction of the number of workers or shutting down the place of work according to this Act and the regulations made hereunder.

Termination of the Contract of Service with notice by the worker

57. The worker, in cases other than those specified in section 53 may terminate the contract of service by notice according to the provision of sub-section (2) and (3) of section 50.

Termination of Service when the worker is on a journey or voyage connected with his employer’s business

58. If the worker is engaged in a land or sea journey connected with his employer’s business and the period of service contract expires or that the worker notifies the employer of the termination of the contract of service for the purpose of completing such journey, the employer may extend the period of service for another period not exceeding one month, starting from the date of the expiry of the contract of service. In such a case the worker shall be entitled to the quarter of the wage in addition to the wage agreed to in the contract of service, for any additional period of service.

Certificate of Service

59. The employer shall give the worker whose service has expired or terminated a certificate containing the name of the employer, the work he was performing, the period he spent in his service, and his wage without mentioning the reasons which lead to the expiry or termination of the contract of service.

PART IX: AFTER SERVICE BENEFITS

Calculation of the gratuity

60.1. Subject to the provision of the Social Insurance Act 1990 or any other beneficial scheme, the worker who completed a period of not less than three years of continuous service shall be entitled to a gratuity for the period of his service to be calculated as follows:

1. If he has completed a period of not less than three years, and not more than ten years he is entitled to one month’s basic salary in respect of each year of service;
2. If he has completed more than ten years, he shall be entitled to one month and half of the basic salary and if he has completed more than fifteen years, he shall be entitled to one and three quarters of a month’s basic salary in respect of each additional year of service; provided that the gratuity shall not exceed thirty six months’ basic salary .

60.2. The gratuities are calculated on the last month’s basic salary

60.3. The gratuity of the production worker shall be calculated on the average of the actual income during the last three years.

Termination of Contract of Service by the worker

61.1. The worker who has completed a period of not less than three years of continuous service, and terminates the contract of service under section 57 shall be entitled to a gratuity calculated as follows:

1. If he has completed five years he shall be entitled to the quarter of the gratuity;
2. If he has completed five years but less than fifteen years he shall be entitled to half the gratuity;
3. If he has completed fifteen years but less than twenty years in continuous service, he shall be entitled to the three quarters of the gratuity;
4. If he has completed twenty years or more he shall be entitled to the full gratuity.

61.2. "Gratuity" in this section means the gratuity entitled under the provision of section 60.

Gratuity of the Seasonal Worker

62.1. Every worker doing each year a seasonal work for a period of not less than three months shall be entitled to a gratuity if the total of the days of the actual service with the same employer is not less than three years.

62.2. The gratuity is calculated according to the provisions of section 60 taking into consideration that the season is a complete year.

62.3. For the purposes of this section, the monthly salary shall be calculated on the basis of the actual income from the same employer during the last three years divided by thirty-six months.

62.4. The provision of this section shall be applied to the first season after the commencement of this Act.

Additional of the period of the previous service

63. The employer may, at the request of the worker who is re-appointed, add the previous service of that worker to his succeeding service and shall be considered continuous service if the worker refunded the gratuity which he had received at the end of his first service, or he has agreed with the employer on manner of refunding the gratuity without satisfying his obligation to refund the same.

PART VIII: MISCELLANEOUS PROVISIONS

Work Regulations and Penalties

64. 1.Every employer shall make basic regulations and penalties regulations to be fixed in a conspicuous place in the place of work; provided that the basic work regulations shall include at least the hours of work and its time.

64.2. The employer shall deposit the basic work regulations with the Commissioner. The penalties regulations shall not be valid unless they are approved by the Minister.

64.3. The Minister may make standard penalties regulations according to the nature of every work for the employers to be as a guide in drafting their regulations.

64.4. The money obtained from fines shall be spent as for the benefit of the workers according to such terms and conditions as the Minister may prescribe.

Keeping of Workers’ Records

65. Every employer shall keep a record for each worker containing particulars about wages, deductions, annual leave, sick leaves, their dates and numbers and other conditions stipulated in the contract of service and any other detailed regulations made under this Act; provided that the keeping of such particulars shall be at least for one year after the termination of the contract of service. The employer shall produce any of such particulars to the competent authority whenever he so requests.

Validity of Contract of Service with the successor

66. If another person replaces the employer who contracted with the worker for the reason of selling the enterprise or transferring it to a company or partnership or by the reason of transferring the ownership by means of inheritance, or gift or will, or by reasons of transferring the power of supervision and administration, in these cases the worker’s contract of service shall be valid with such other person.

Prohibition of enforcing certain contract

67. The Court shall not enforce any contract under which the worker undertakes to pay the employer whole or part of any amounts, which the employer has paid or agreed to pay in connection with employment of such worker.

Payments payable on the death of the worker

68. 1. In the event of the death of the worker, his family members shall be entitled to the wages, gratuities or other payments which the deceased was entitled to under the provision of this Act at the time of his death.

68.2. The employer shall pay such wages, gratuities or other payments to a competent family court.

68.3. The family court distributes the wages, gratuities or other payments mentioned in subsection (2) to inheritors of the deceased.

Inspection

69.1. For the achievement of the purposes of this Act, the competent labour office or any person authorized by the competent authority may enter during working hours into any place whenever he has the reason to believe that there is work in that place, in which one worker or more are employed and he may ask the employer or any responsible person on his behalf to give any information for the implementation of the provisions of this Act. The employer or the responsible person or the worker shall give such information whenever possible.

69.2. The competent authority may call the employer or any person acting on his behalf or the worker at the labour office for the purpose of settling any matter for the implementation of the provision of this Act.

69.3. The competent authority shall not disclose any information given to him according to the provision of this section, except in cases which necessitate the disclosure of such information for the purpose of performing his obligations.

It is prohibited to any person carrying out an inspection according to subsection (1) to carry out such inspection if he has an interest or may benefit from a private relation.

The National and Federal Labour Relation Council

70.1.1. Council shall be established to be called "the National Labour Relations Council" by an order made by the Minister.

70.1.2. Council shall be established to be called "the Federal Labour Relations Council" by an order made by the competent authority

70.1.3. The two Councils, in addition to what is provided for in this Act, shall be responsible for the following:

1. To give advice and consultation in matters referred to it by the Minister or the Governor ;
2. To help the Minister or the Governor in the framing of the general policy for labour relations, and in the supervision of the implementation of such policy;
3. To help the Minister in regulating, developing, consolidating labour relation and improving the relation between the employer and workers to create favourable conditions for work and production.
4. To make studies and submit recommendations in the field of labour relations, to the Minister or the Governor for their decision.

70.2. The governor shall submit periodic reports on the performance of them Labour Relations Council in his state to the Minster in the framing of the general policy for labour relations

Priority of entitlement of the workers

71. Payments due under the provision of this Act for the workers and those claiming under them shall have priority over any other debts after the judicial fees.

Exemption from the Judicial fees

72. 1. In all stages of litigation, suits raised by the worker or members of his family, or the trade unions, in respect of disputes connected with the provisions of this Act shall be exempted from judicial fees.

72.2. In the case that the judgement is not in favour of the worker the Court may order the worker to pay all or part of such fees.

Lapse of right by prescription

73. The right of the worker to raise a claim in respect of the acquired entitlement, according to the provisions of this Act shall lapse:

1. in case of claims for gratuity, after the expiry of five years from the termination of the contract of service;
2. in case of claims for wages or the other entitlements after the expiry of one year from the termination of the contract of service.

Conditions of Service and better Benefits

74. The Act shall not be interpreted in such a way so as to prevent the employer from making conditions more beneficial to the worker than the conditions of service and benefits prescribed by this Act.

PART X1: INDUSTRIAL SAFETY

Application

75. The provisions of this Chapter shall be applied to the factories and other industrial operations in set out in Schedule No. 1 attached hereto.

Registration of factories

76.1. Every factory and every industry in any factory shall be registered in accordance with the provisions of this Act.

76.2. Every owner of an existing factory shall submit to the competent authority within one month of the date of commencement of this Act an application in the form set out in Schedule No. (2) hereto.

76.3. The factory shall be granted a registration Certificate in the form set out in Schedule No. (3) hereto.

Records of factories

77. As from the date of coming into force of this Act the competent authority shall keep registers of factories including all the particulars, which he thinks necessary for every factory.

The Licence

78.1.No factory shall be erected or an extension to a factory is built except after obtaining a license therefor from the competent authority.

78.2. The competent authority may close any factory or extension thereof if the same is being run without a licence.

78.3. The provisions of sub-section (1) shall apply to every alteration in any existing factory, the extension thereof, conversion of any existing premises into a factory or the installation or addition of new machinery.

78.4. Any thing which affects a factory internally or externally or which results in the addition of a new activity of the power or the alteration of the sections of the factory shall be deemed to be an alteration.

Requirements of Licence

79. 1. No license for erecting any factory or for carrying out any alteration therein shall be issued except after it is proved to the Commissioner that all the necessary requirements for erecting and running the factory have been satisfied.

79.2. The Minister shall specify, by an order to be published in the Gazette, the general requirements, which shall be satisfied in every factory.

79.3. The Commissioner shall specify the special requirements, which shall be satisfied in every factory.

Presentation of Applications for Licence

80. An application for obtaining a licence shall be presented to the competent authority in the form set out in Schedule No. (4) hereto and shall be accompanied by the site plans, drawing particulars of the machinery to be installed and the positions thereof, the raw materials to be used, the various building designs and all papers and documents required by the competent authority in according with the regulations and decisions made under the provisions of this or any other Act.

Inspection fees

81. The applicant shall be notified with the receipt of his application and shall be required to pay the inspection fees prescribed by the regulations.

Approval of an application

82.1. The applicant shall be notified after inspection of the approval or rejection of his application.

82.2. In the case of approval of erecting a factory, the applicant shall be notified with the requirements necessary to be complied with the factory and the period for satisfying them. The applicant shall notify the competent authority with this acceptance and satisfying such requirements. The competent authority shall, on ensuring that the said requirements have been satisfied, issue the required licence.

82.3. The licence holder shall obtain the final approval of the existing buildings from the Commissioner on the buildings being completed.

Relinquishment of application

83. On the expiry of one year from the date at which the period specified for satisfying the requirements, without the applicant notifying the competent authority with the same, the applicant shall be deemed to have relinquished his application.

Rejection of application and appeal

84.1. The decision of the competent authority refusing the issue of a licence shall state the reasons therefor.

84.2. An appeal against the decision of refusal shall lie to the Minister within a period not exceeding fifteen days of the date of notification of the applicant therewith.

Particulars required from the licence holder

85. Every licence holder shall present to the competent authority within a period not exceeding one year, a proper statement specifying therein the number of workers, the conditions of the work, the means of work, protection measures and any other particulars required by the Commissioner.

Assignment and transfer of a licence in case of death

86.1. The licence holder may assign his licence to any other person; provided that the assignee shall present an application, within fifteen days of the date of the assignment agreement, for transferring the said licence to his name, accompanied by the assignment agreement.

86.2. In the case of the death of a licence holder, the persons in whom the factory vests shall notify the competent authority, within fifteen days of the date of death, with their names and the name of their authorized agent in accordance with the provisions of this Act and shall carry out the procedure necessary for the transfer of the licence thereto within six months of the date of death.

Appointment of the industrial Safety Inspection

87.1. For the purpose of implementation of the provisions of this Act, the competent authority shall appoint industrial safety inspectors.

87.2. The competent authority shall have supervision over all factories and other industrial operations set out in Schedule No. 1 attached hereto.

Powers of Industrial Safety Inspections

88. 1. For the purpose of this Act and the Regulations made thereunder, an Industrial Safety Inspector shall have the power to enter the factory premises during working hours, by day or at night in order to inspect, inquire into accidents, examine the equipment and materials, and take samples thereof or to verify any other particulars, he thinks necessary.

88.2. The factory owner, his agent, or his deputy shall furnish the Industrial Safety Inspector with all the particulars and information he requires.

The Central Advisory Committee for Industrial Safety

89. 1. There shall be established a committee to be known as "The Central Advisory Committee for Industrial Safety" which shall have regional committees under it in such districts as may be specified by the Minister.

89.2. The Minister shall specify the functions and powers of the central Committee and of the regional committees under it.

89.3. The committee may constitute subcommittees in the states and it may authorise any of its functions to such subcommittees

Appointment of Industrial Safety Officers

90.1. Every-factory owner employing not less than 30 and not exceeding 150 employees , shall appoint a part-time Industrial Safety Officer, and if the number of workers employed in the factory exceeds 150 he shall appoint a full-time Industrial Safety Officer.

90.2. The Commissioner may specify the qualifications of Industrial Safety officers.

Industrial Safety Committee

91.1. There shall be established in every factory the number of workers wherein is 500 or more, an Industrial Safety Committee which shall be constituted of the factory managers as Chairman, heads of productive sections in the factory and two representatives of the workers trade union as members and the Industrial Safety officers shall be the referendary thereof.

91.2. The Industrial Safety Committee shall be responsible for planning the industrial safety policy in the factory and supervising the implementation thereof in accordance with the provisions of this Act and decisions made thereunder. The Committees shall notify the competent authority and the employer with everything relating to industrial safety conditions within the factory and its recommendations in this respect.

91.3. The Industrial Committee shall hold a meeting on the occurrence of a serious accident or within a week of the discovery of any occupational disease.

Reporting Accidents

92. When any accident occurs in any factory within the course of the daily work or as a result thereof:

1. Causes death of any worker; or
2. Causes fire or explosion; or
3. Causes a serious accident; or
4. Disables any worker from performing his work for one or more days, the factory owner shall report the same at the end of the day on which the accident occurs in the Form set out in Schedule No. (5) hereto.

Medical Complexes

93.1. The governor , in consultation with the Minister of Health in the state, may order the establishment of medical complexes in industrial areas for medical treatment and supervision of workers in factories.

93.2. The Order referred to in sub-section (1) shall specify the establishment costs, financing the services, the functions and powers of the complexes. It may also include the rules and requirements which ensure the efficient carrying out of the duties thereof.

Notification of workers with occupational dangers

94. Every factory owner shall bring to the notice of his workers the occupational dangers and the protection means therefrom and shall take such precautions as may be necessary for the protection of his workers against industrial accidents or from occupational diseases.

Training of workers

95. No factory owner shall assign any work to a worker unless he has received sufficient training therein or unless such work is performed under the supervision of a person or persons of experience in such field of work.

Duties of workers

96.1. No worker employed in any factory shall perform any work of such nature as may expose him or others to danger. He shall have the benefit of all means if protection provided for him.

96.2. No worker shall intentionally damage or misuse materials, machinery, and other property of the factory

Stopping factories and industrial operations

97.1. The Commissioner may prohibit the operation of any factory if, he is of the opinion that:

1. Any part of the passages, works or machinery used in any factory is in such a condition or so constructed or positioned that it cannot be used without risk of bodily injury or injury to the health of workers therein, unless the same is repaired, altered or moved so that such risk is removed;
2. Any industrial operation in the course of completion or anything being made in any factory is in such state as may cause bodily injury or injury to the health of workers therein, unless the factory owner has taken the necessary measures for the removal of the danger.

97.2. The competent authority may prohibit the manufacture, modification, or finishing of any machinery or any other thing which is manufactured, modified or finished locally if it is feared that it may cause bodily injury to the health or workers in any factory or place of work.

Responsibility of the factory owner

98. Where any contravention of the provisions of this Act has been committed in any factory, the owner of such factory shall be deemed responsible for committing such contravention unless he proves otherwise; provided that where such contravention has been caused by the breach of any person employed in the factory of any of his duties, the owner of the factory shall not be responsible for such contravention in respect of such breach unless it is proved that he failed to take all reasonable means to prevent such breach.

PART XII: TRADE DISPUTE AND STAGES OF SETTLEMENT OF DISPUTES

Application of this chapter

99. This provisions of this chapter shall apply to every trade dispute which arises between one or more employers and all their workmen or officials or any group thereof whether members of a trade union or not; provides that an employer shall not negotiate with any group of employees whenever they are represented by a lawful trade union save through such an organization.

Immunity of Trade Unions from actions in tort

100. 1. No action shall be entertained against a trade union or against any of its members or officials whether such action is instituted by workmen or employers on behalf of themselves or all other members of a trade union in respect of tort act alleged to have been committed by or on behalf of a trade union.

100.2. Nothing in the provisions of sub-section (1) shall absolve from any civil or criminal liability which may be incurred in accordance with the laws in force in respect of any act committed by a member or official of the trade unions or federations in violation of the rights and property of trade unions or federations.

Conspiracy in relation to a trade dispute

101.1. No action shall be entertained in respect of any act done pursuant to an agreement between two or more persons if done in contemplation or instigation of a trade dispute.

100. 2. Any activity which constituted an offense against state security, integrity or basic rules in accordance with the laws in force shall be an exception to sub-section (1).

100.3. For the purposes of this section an "offense" means any act which exposes the offender to penalty of imprisonment whether absolutely or at the discretion of the Court.

Permanent official of the Government subject to penalty.

102. Nothing in this Act shall be construed as exempting from disciplinary measures any permanent official of the Government who breaks his duties in contemplation of a trade dispute.

Immunity from actions for inducing breach of contract

103. No action shall be instituted in the civil courts against any employer or employee because of his doing any act in contemplation or furtherance of a trade dispute.

Intimidation and annoyance

104. Nobody shall compel any person to do or refrain from doing any act which such person has a legal right to do or refrain from doing the same, through:

1. The use of violence, provocation, insulting such person and his wife or children or damaging his property;
2. Following such person about from place to place;
3. Concerning any tools, clothes, or property owned or used by such person or depriving him of their use;
4. Watching or annoying any person at his home or any other place wherein he resides or on any road leading to such home or place.

PART XIII: STAGES OF SETTLEMENT OF DISPUTES

Negotiations

105.1. In case of a trade dispute arising the parties to the dispute shall, within a period not exceeding two weeks enter into amicable negotiations for settlement of such dispute; provided that period of negotiations shall not exceed three weeks after the date of commencement of negotiations; and provided further that subject to agreement of the parties the period of negotiations may be extended for an other two weeks

105.2. The competent authority or any person acting on his behalf may attend at negotiations of any trade dispute. He shall not take part in negotiations save by agreement of the negotiators.

105.3. An agreement shall be drawn in three copies signed by the parties. Each party shall keep a copy and the third copy shall be sent to the competent authority within 15 days after the date of signature.

Mediation

106.1. In case of failure of the parties to the dispute to reach an agreement for settlement of the dispute under section 105, each party may, by himself or through his representative, apply to the competent authority, to endeavor to settle the dispute amicably

106.2. An application shall specify the names of the parties to the dispute or their representatives, their addresses, the subject and circumstances of the dispute, and the names of the negotiators; provided that the number of representatives of each party shall not exceed three persons

106.3. Whenever one of the parties to the dispute applies for intervention of the competent authority the other party shall be bound by his intervention.

106.4. If neither of the parties to the dispute applies for mediation, the competent authority may make a decision to refer the dispute for mediation without obtaining their consent. The two parties shall be bound by such decision.

The attendance of representatives of Minister of Finance at the mediation and negotiation sittings

107. When any public institution and corporation in which the government owns more than 50% is party to a trade dispute, the Minister of Finance appoints a representative for him to attend the mediation and negotiation sittings

Condition of Application

108. If the application is submitted by the employer it shall be signed by him or by his authorised agent. If it is submitted by the workmen, it shall be submitted by the president of the trade union to which they belong subject to approval of the executive committee of the trade union or half the number of the workmen or officials if they have no trade union.

Function of the Competent Authority

109. The competent authority shall, within a period not exceeding three weeks after the date on which he receives an application, endeavour to settle a dispute amicably guided by the information and documents presented by the parties to the dispute.

Amicable settlement of a dispute

110. If a dispute is amicably settled the agreement reached shall be signed by the competent authority and the representatives of the parties. A copy shall be given to each of them and the third copy shall be kept by the competent authority The agreements shall be binding on the parties during the period of its continuance in force.

The period of continuance in force of an agreement

111. The agreement shall provide for the period of its continuance in force; provided that it shall not exceed three years unless the agreement deals with fixing of wages and working hours in which case such period may extend to a period not exceeding five years.

Reference of the dispute to Arbitration

112. If the competent authority becomes unable to settle a dispute amicably within the period referred to in section 109 it shall refer the dispute to an arbitration tribunal without the approval of the parties to the dispute; for determination whenever it deems it necessary.

Constitution of the Arbitration Tribunal

113.1. The competent authority shall, by a decision made by him, constitute an arbitration tribunal as follows:

1. A judge whose grade is not less than Province judge, to be nominated by the Chief Justice in the state as Chairman;
2. In case of private sector an employer who has no connection with the dispute to be nominated by the employer; in case of public sector a representative of Minster of finances as Member;
3. a representative of a trade union which has no direct connection with the subject of the dispute to be nominated by the trade union party to the dispute as member;
4. a representative of the Ministry of Manpower as member;
5. a person experienced in industrial relations as member .

113.2. Subject to subsection (1) and in cases where any public institution and corporation in which the government own more than 50% of its shares party to a trade dispute concerning the conditions of service of workers, the Minister of Finance appoints a representative in arbitration tribunal and in cases of federal public institution and corporation the competent governor appoints a representative for him in arbitration tribunal

The first session of the Arbitration tribunal and quorum

114.1. The Chairman of an arbitration tribunal shall, within a period not exceeding one week from the date of reference of the dispute to arbitration, fix a date for hearing thereof.

114.2. Presence of four members including the Chairman shall constitute a quorum of an arbitration tribunal.

The period for settlement of a dispute

115. An arbitration tribunal shall consider and decide a dispute referred thereto within a period not exceeding four weeks after the date of reference to arbitration and the Chairman of an arbitration tribunal may require the competent authority to extent the period for settlement of a dispute not exceeding four weeks

Powers of the Arbitration Tribunal

116. An arbitration tribunal shall have powers to summon witnesses, administer an oath to them, compel them to produce documents and books which it deems necessary to pursue, summon experts, move to the places of work and to take all necessary measures which enable it to determine the dispute without adhering to the means of proof applicable in the civil courts.

Appearance of Advocates and consultants

117. A party to a dispute may engage an advocate to represent him before an arbitration tribunal.

The laws to be applied by Arbitration Tribunal

118. An arbitration tribunal shall apply the laws in force, and may in so doing resort to custom and the principles of equity in accordance with the general economic and social conditions in the area.

Award

119. An arbitration tribunal shall make its awards according to the opinion of the majority. A dissenting opinion may be given and its reasons shown.

The Award shall be binding

120.1. An award of an arbitration tribunal shall be final and shall not be challenged in any way whatsoever.

120.2. The Chairman of an arbitration tribunal shall notify the parties to the dispute of the award and give them a copy thereof. He shall send a copy of the award with all the documents relating to the dispute to the Commissioner to be kept by him. He shall give extracts thereof to those concerned.

Residence expenses of the representatives of workmen and unions

121. In case an award is made in favour of workmen, officials or unions the arbitration tribunal shall bind the employer to pay the expenses it decides to meet the transportation and residence expenses borne by representative of workmen, officials or unions.

Rectification or amendment of an award

122. The competent authority or any of the parties to a dispute may request the arbitration tribunal to explain any matter of confusion or vagueness appearing in an award and make a decision in respect thereof. The arbitration tribunal shall make its decision after re-hearing the parties to the dispute or without doing so. The subsequent award it makes shall be deemed an amendment of its first award.

Remuneration of the Chairman and Members of an Arbitration Tribunal

123. The Minister shall determine the remuneration of the Chairman and members of an arbitration tribunal and the manner of their payment.

Stoppage of work or closure of place of work prohibited

124. Workmen and officials are prohibited from stoppage of work, whether total or partial and no employer shall close up the place of work whether totally or partially by reason of a trade dispute in the following cases:

1. Before entering into negotiations;
2. Immediately after any party applies for mediation;
3. During mediation proceeding;
4. Immediately after the decision of the Minister or the Commissioner to refer a dispute to arbitration;
5. During arbitration proceedings;
6. After making and summon the decision of the arbitration tribunal.

PART XIV: FINAL PROVISION

Amendment of schedules

125. The Minster may, by an order published in the Gazette make any Amendment in schedules hereto.

Penalties

126.1. Without prejudice to any more severer penalty provided for in any other law, any person shall be punished with imprisonment for a term not exceeding six months or with fine or with both who: -

1. Causes or takes steps to incorporate any wrong information in the worker’s record of service with intention to defraud or causes or permits the delay of payment of the worker’s entitlements depending on that record knowing of such fraud; or
2. Provides or permits the introduction of any information or documents to the competent authority knowing that it is not correct.

126.2. It shall be deemed an offence if any contravention or abstention of the implementation of any of the provisions of this Act or the provisions of any order or regulations or rules made thereunder is punishable where a certain punishment is not provided for under this Act or any other law, with imprisonment for a term not exceeding six months or with both and in case of repetition of the contravention the fine may be to doubled.

126.3. The competent Court may order that a part of the fine be paid to the injured person.

Power to make regulations

127. The Minister may make the necessary regulations for implementation of the objects of this Act.

SCHEDULE No. 1

FACTORIES AND INDUSTRIAL OPERATIONS

(See Section 75)

1. Factories
2. Electrical works.
3. Building operations which are carried out on a commercial basis or business conducted for the purpose of a commercial or industrial scheme. The same includes construction, demolishing, alteration, repairing, or maintenance of premises or preparations for laying the foundations of a building such as making of barricades or excavation and other construction works including paving and macadamizing roads.
4. Works and operations done in ships or streamers including any warehouse of the owners of such ships or steamers and docks supervisors, or for purposes wherein mechanical power is used such as the operations of loading or unloading, or supplying any ship with fuel in the docks or harbor and also all machinery used in such operations Machinery includes any gangway or ladder used by any person to load, unload, supply ships with fuel or otherwise.
5. Loading, unloading, laying and transport of goods operations or any other operations inside or outside the warehouse or place of storage thereof which are conducted on commercial basis or conducting business or for the purpose of a commercial or industrial scheme.
6. Agricultural and forestry works and the like.
7. Mining and quarries works.
8. Land, sea, river or air transport works.
9. Office, shops or places of amusement works and the like.
10. Occupational health works.

SCHEDULE No. 2

APPLICATION FOR REGISTRATION

Section 76 of Labour Act 1997

With respect to the registration of the factory under section 76 of the Labour Act. 1997.

1. Name of the factory owner………………………………..
2. Address of the Factory…………………………………….
3. Site of the factory………………………………………….
4. Economic and Industrial activity……………………………
5. Type of machinery…………………………………………
6. Where boilers or pressure receptacles are used, there shall be stated therein:

1. Type…………………………….
2. Date of manufacture…………….
3. Pressure…………………………

1. Number of workers:

1. Men……………….
2. Women……………
3. Infants:

(i) Males…………

2. Females………..

Date………..Signature of the factory owner…………..

SCHEDULE No. 3

FACTORY CERTIFICATE OF REGISTRATION

1. Name of the Factory…………………….
2. Name of the Factory owner……………..
3. Address of the Factory………………….
4. Site of the factory……………………….
5. Date of establishing the factory………….
6. Registration number of establishment of the factory…………………………………….
7. Date of issue………………………………

I certify that this factory has been duly registered by virtue of section 6 of the Industrial Safety Act. 1976.

Date………………… (Signature)

Commissioner of Labour

SCHEDULE No. 4

Application for license for building a factory or extensions in a factory in accordance with section 80 of the Labor Act. 1997.

1. Name of the factory owner…………………………..
2. Name and address of the Factory……………………
3. Economic and Industrial activity…………………….
4. Number of the Plot……………..Block…………….

Area…………………………………………………

Site………………………………………………….

5. Building materials used in:

1. Floors……………………………
2. Walls……………………………..
3. Roofs…………………………….

1. The types of machinery used in the factory:

1. Are they run by electricity?
2. Are they run by diesel?
3. Are they run by steam?
4. Whether run manually?

1. Are steam boilers and pressure receptacles used; if so state their:

1. Number……………………………
2. Serial No………………………….
3. Pressure…………………………..
4. Date of manufacture……………..

1. Storage:

1. Chemical substances;
2. Organic substances;
3. Other waste.

Workers employed.

Stages Men Women Infants Total

1st

2nd

3rd

Date………………. Signature of Factory owner……………

SCHEDULE No. 5

REPORT OF AN ACCIDENT

In accordance with section 92 of the Labour Act. 1997.

1. Name of the factory owner…………………………….
2. Address………………………………………………..
3. Economic activity………………………………………
4. Date of accident……………………………………….
5. Nature of accident……………………………………..
6. Duration of accident…………………………………..
7. If caused by a machine, give name and part causing the injury…..

………………………………………………………..

8. State whether the machine is operated by mechanical power at the time of accident………………………………………………………..
9. State briefly how the accident occurred………………………….
10. Particulars of injured person or persons:

1. Name…………………………………………..
2. Sex…………………………………………….
3. Age……………………………………………
4. Address……………………………………….
5. Pay……………………………………………
6. Appointment date…………………………….

Date………………… Signature of factory owner……………………..

SCHEDULE No. 6

OCCUPATIONAL DISEASES

TYPE OF DIESEASE

OPERATION AND WORKS CAUSING IT

1. Lung disease caused by Inhalation of dust or sand (fibrosis).

(a) Silicosis: Any occupation involving exposure to silica dust or other substance which contains more than 5 percent of silica;

(b) Asbestosis: Any work in mining, quarrying, engraving, stone crushing, stone grinding, polishing of metals with sand or any other work involving the same exposure, or exposure to asbestos dust to an extend that causes such disease;

(c) Byssinosis: All industries and works wherein the workers are exposed to cotton dust to an extent that causes the disease such as spinning, ginning and weaving industries;

(d) Bagasosis: All industries and works wherein the workers are exposed to sugar cane dust to the extent that such disease is caused as working in sugar refineries.

2. Pulmonary dust disease. Inhalation of sand or dust accompanied by pulmonary tuberculosis; provided that the pulmonary dust disease is the original cause of the tuberculosis infection: Industries wherein the workers are exposed to sand or dust containing silica.
3. Poisoning by lead in the extract or compound thereof: Any occupation involving the use of or handling lead or lead compounds or substances containing lead. This includes:

1. Lead extract;
2. Work in metals containing lead or galvanized lead;
3. Manufacture of used lead alloy;
4. Making of any articles out of lead alloy or mixture thereof;
5. The use of lead in the manufacture of polygraph cylindrical instrument for making copies out of originals;
6. Manufacture of lead compounds;
7. Manufacture or repair of acid lead accumulators;
8. Preparation or use of glaze containing lead;
9. Lead filing or glass glue containing lead;
10. Any other occupation involving use of lead or its compounds.

1. Poisoning by arsenic and its complications such as neurotic tremors, kidney and liver physiological tremors, Dermatitis and other diseases and complications resulting from poisoning by arsenic: Any work involving the use or handling of arsenic, its compounds or substances containing it or any occupation involving exposure to fumes or vaporous of arsenic or its compounds or any substance containing it. This includes processes where arsenic or its compounds is generated or work in the manufacture of arsenic or its compounds.
2. Poisoning by chrome, ulceration and other disease resulting from work in chrome metal or its compounds: Any work involving preparation or generation, use or handling of chrome substance containing it.
3. Poisoning by Nickel; its compounds or derivatives: Any work involving preparation or generation, use or handling of Nickel or its compounds. This includes exposure to Nickel carbonyl gas.
4. Poisoning by manganese, its compounds or derivatives: Any work involving the use of or handling manganese, its compounds or substances containing it or any work involving exposure to manganese fumes, dust, its compounds or any substances containing it. This includes work in extraction, preparation, crushing or packing manganese or its compounds.
5. Corneal Ulceration, skin inflammation or Ulceration, malignant skin diseases caused by asphalt, mineral oil, paraffin oil, compounds, products or by products of the above mentioned substances: Any occupation involving extraction use, generation or work in such substances, their compounds or derivatives or exposure to their fumes or dust.
6. Dermatitis, skin inflammation or ulceration resulting from dusts or liquids: Cement works, building by cement or exposure thereto, sieving and mixing of cement. Work in or the use of sieving or mixing of turpentine and its derivatives, glazing of carnet or synthetic paint. Work in the production of or using of alkaline salts, and work involving products or any other work from which such diseases may arise.
7. Fibrosis of the lense cornea resulting from exposure to excessive heat or glaze: Any work which involves continuous exposure to glaze or radiation emitted from melting glass, hot metals, melting metals or exposure to excessive heat or glaze that may lead to fibrosis of the eye or defective vision.
8. Poisoning by carbon Monoxide: Any work involving exposure to carbon monoxide. This includes processes of its preparation, use or generation and that which is produced in garages, brick and lime burning.
9. Poisioning by carbon Dioxide: Any work involving preparation generation or handling of carbon dioxide or exposure to the fumes or vapours pours containing it.
10. Poisoning by mercury or its compound, derivatives or ad-mixtures: Any work involving the use the of or handling mercury or its compounds or any substance containing it or any work involving exposure to mercuy dust, vapour compounds or a substance containing it. This includes handling of mercury as a raw material, mercury industries or its compounds, the manufacture of measuring and laboratory instruments, raw material necessary for making hot mercury glazy, the use of mercury sprayers in the manufacture of electrical lamps. The manufacture of explosives containing mercury.
11. Poisoning by phosphorous or its compound or resulting ad-mixtures: Any work involving the use of or handling phosphorous or its compounds or a substance containing it or any occupation involving exposure to phosphorous fumes, dust ot its compounds or any substance containing it.
12. Poisonong by sulphur or its gaseous compounds or resulting ad-mixtures: Any work involving the use or handling of sulphur or its compounds or any substances containing it or any work involving exposure to sulphur, fumes or its compounds or any substance containing it, including any gascous or non-gascous exposure to sulphur.
13. Poisoning by benzene or similar substances or derivatives of nitrogen, ammonia and pathological admixtures: Any work involving the extraction, use handling, touching, preparation, discharge or benefit by benzene or similar substances and derivatives of nitrogen (azote) and ammonia or exposure to its fumes or dust.
14. Poisoning by derivatives of hydrocarbons (type A): Any work involving extraction or use of hydrocarbon salts (Type A) or similar substances or derivatives.
15. Poisonong by Carbong Tetrachloride: Any work involving extraction use or handling of carbon tetrachloride or any work involving exposure to fumes or vapours containing it. This includes work in painting, varnishinh and synthetic fabrics.
16. Poisoning by Carbon Disulphide: Any work involving extraction, preparation, use or handling of carbon disulphide or the exposure to its fumes or to vapours containing it.
17. Poisoning by methy Bromide: Any work involving use or handling of methl bromide or exposure to its fumes or vapours. This includes fumigation, insecticides and dock workers who are exposed to this gas.
18. Poisoning by Sulphuric Acid: Any work involving preparation or handling of sulhuric acid or exposure to its fumes or to vapours containing it. This includes battery workers, glass factories and laboratory workers.
19. Onset of systems caused by: (a) Radium or its active compounds (Radium): (b) Ionizings: Any work involving exposure to radium or any radioactive substance. Rays or ionized radium e.g. workers in radio-isotope-treatment, workers in X-rays and those exposed to ionized radiations.
20. Depression, sickness, affection of bones, muscles or joints caused by compressed air: Any work involving exposure to air compressed by artificial methods to an extent that causes such disease.
21. Anthrax: Any work involving handling of anthrax infected animals or handling the shipping or transportation of carcassses, skin, hides, horns, hooves, including unloading and transport of such by-products.
22. Anxiety Scelerosis compensation neurosis: Any work and industries involving symptoms arising from such hazards.
23. Poisoning by Sulphur Dioxide: Any work involving the use, handling or preparation of sulphur dioxide or exposure to its fumes or vapours containing it. This includes car repairing workshop, pesticides and artificial fertilizers.

[This decree was originally issued by the Governor of Khartoum State but later ratified by the Assembly of Khartoum State in 1996. See the end of the Act for more details]

In the name of the God, the compassionate the merciful,

In Pursuance of section (41) of the Eleventh Constitution Decree, the Government of Khartoum State has issued the Decree stated here under

Chapter One

Preliminary Provisions

Title and Commencement

1. This Act may be cited as Khartoum Public Order Act 1998 and shall come into Force from the date of its signature.

Scope of Enforcement

2. Enforcement of the provisions of this Act is restricted to Khartoum State geographical boundaries.

Repeal

3. From the date of its enforcement, this Act hereby repeals any legislation or state law regulating the same subject.

Interpretation

4. In this Act, unless the context otherwise requires, the following words and expressions shall have the meaning assigned thereto:

a) State: means Khartoum State.

b) Locality: means the locality established Pursuant to section 6 of the local Government Act 1995.

c) Peoples’ Committee: means the Committee established Pursuant to section 1(1) of the Peoples Committee Act 1992.

d) Public Place: means a place where people come to and includes restaurants, cafes markets, cafeterias, places of entertainment, public streets and clubs.

e) Public Party: means having a party in a public place whether it charges admission or not.

f) Private Party: means having a party inside or outside a house in which loud speakers are used.

g) Trivial Songs: means songs that use words or expression contradicting religion morality good taste and good conscience.

i) Vagrant: Means person who has no apparent place of residence, no profession, or no whereby he earns a living.

h) Beggar: means person who is usually earns his living by asking people, directly or indirectly by collecting for charities, for money.

j) Markets: means the central local markets that are allowed by law and prescribed by law in each case.

Chapter Two

Having Parties with Music

Permission for Private Parties with Music

5. There shall be no private parties unless permission is obtained from the locality in which the intended party is to take place.

Prior Notification of Public Order Police Required

6. Permission for having public musical party public musical party shall not be granted unless given by the locality under whose jurisdiction the intended party will take place and, furthermore, the Public Order Police have been notified.

Restrictions on Public or Private Parties with Music

7. (1) Every person granted permission for a party with music shall respect the following restrictions:

a) The party shall end by 11 p.m..

b) There shall be no dancing between men and women and women shall not dance in front of men.

c) There shall be no shooting.

d) The singing of trivial songs is prohibited.

(2) In cases where the restrictions mentioned in paragraph (1) are violated, the police may take the necessary steps, include stopping the party.

8. Musical parties, cinema or theatre shows, exhibitions or other such events, as well as the continuance of the above mentioned during the hours of 12 a.m. to 2 p.m. on Fridays is prohibited.

Chapter Three

Public Transportation

Restrictions on using public transportation

9. (1)(a) Each vehicle used for public transportation within the state shall specify a door to be used by women and reserve ten seats for women, (b) men may not sit in the seats reserved for women, (c) writing any expression, or sticking any picture or sketches, that contradict religion morals and good taste is prohibited on public transportation, and (d) darkening or shading the windows of public or private transportation is prohibited.

(2) Twenty five percent of the total seats in public transportation other than the

mentioned in paragraph 1(a), shall be reserved for women.

Chapter Four

Prohibition of Begging and Vagrancy

10. Begging

a) Practising begging, earning a living by begging or abetting begging is prohibited.

b) Collecting donations for charity, without written permission from the competent locality, is prohibited.

11. Vagrancy

a) Vagrancy or the abetting thereof is prohibited.

b) The police may collect vagrants and take them to housing where they will receive social care.

12. People of unsound mind

The police gather people of unsound mind from public places and order them be sent to hospitals or to their families who must undertake to care for them and to give them medical treatment.

Chapter Five

Places of women’s hair dresses

The necessity of obtaining a license

13. (a) No person shall practice the profession of women hair dressing unless a license is obtained from the competent peoples committee and after obtaining the required recommendation issued by the competent people’s authority committee, (b) application for a license shall be made on the forms prescribed by the locality after obtaining the health and commercial licenses.

Requirements for Working as a Hairdresser

14. (a) Men may not be employed in the hairdressing business, (b) Men may not start a hairdressing business, (c) a sign explaining the provisions of this subsection must be placed in a public place, (d) the sole entrance of a business must be facing the street and any other entrances or exits are prohibited except in buildings with many floors.

Granting a License to Men

15. (1) Men may own hairdressing businesses in accordance with the conditions and requirements that are prescribed by the competent local authority, (2) to grant a license pursuant to this subsection, the business must be managed by women.

Requirements for Employing Women in a Hairdressing Business

16 (a) The owner or managers of the business shall not employ any woman in the business unless being sure of righteousness and good reputation, (b) an employee must be technically qualified and have been awarded a certificate from the competent authorities, (c) the manager must not be less than 35 years of age.

Inspection of Business

17. The license authority and Public Order Police may enter the hairdressing business at any time for the purpose of inspecting and making sure of the compliance with the provisions of this Act.

Tailors of Women’s Dresses

18. (a) The profession of making women’s dresses is prohibited unless a license is obtained from the local authority, (b) the local authority shall prescribe the regulations which shall have regard to the public morality of the employees and the business.

Chapter Six

Miscellaneous Provisions

Prohibition of Using Loud Speakers

19. (a) Using loud speakers in commercial business in such away that is likely to cause public nuisance is prohibited, (b) using load speaker for any purpose after 11 p.m. is prohibited.

The Separation of Men and Women Queuing

20. Every authority requiring citizens to queue must separate between men and women and the public must adhere to this provision.

Prohibition of Doing Commercial Business in Friday during the Hours of Prayer

21. Operating a commercial business between the hours of 12 a.m. and 2 p.m. on Friday is prohibited.

Prohibition of Fraud

22. Imposture, fraud, magic and Zaar are prohibited.

Prohibition of Bathing or Washing Cars

23. (a) No person is permitted to bath naked in the Nile, (b) washing cars on beaches, streets and public parks is prohibited unless that area is prescribed for that purpose by the locality.

Restrictions of Ramadan

24. Owners of restaurants and cafeterias and everyone selling food or drink must not sell during the day during Ramadan.

Issue or Renewal of a Business License

25. Having regard to the Traders License Act 1995, the issuing or renewal of a license is prohibited if the business name would contradict religion, good values or customs.

Chapter Seven

Penalties

26. In the case of any contravention of this Act, a person may be punished by one or more of the following punishments:

a) Imprisonment for a term not exceeding five years.

b) A fine.

c) Both of the above.

d) Whipping.

e) Forfeiture of any instrument used in such contravention.

f) Closure of the premises for a term not exceeding 2 years.

Issued under signature of Badr Eddin Taha Ahmed, Governor of Khartoum State on 28 March 1996 by Decree.

On 22 October 1996, the Khartoum State Council ratified in session No. 27 in term No. 4 the temporary Decree known as the Khartoum State Public Order Act 1996 in its original form. Attested to by Retired Major–General Kamal Abashr Yasin, President of Khartoum Council (deputy).

In the name of the God, the compassionate the merciful

The High Court,

Constitutional Division

Constitutional Pleading July 1998 between

Abdel Rahman Nugdallah, and Others,

v.

General Security Bureau of the Government of Sudan

Decision

A petition for protection of the constitutional rights of the above was made pursuance to section 4 of the Law on Constitutional Administrative Judicial Review of 1996.

The petition for protecting a constitutional right pursuant to section 4 of the Law on Constitutional Administrative Judicial Review was presented by twenty citizens. Their pleading states they have been detained by the security authorities without the opening an information against them.

They argue that they have been deprived of their constitutional (right to freedom safety, prevention of abusive detention and the right to fair trial) which are guaranteed by Universal Declaration of the Human Right from 1948, the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights. They regard their being held detention without an information being made against them as a violation of their rights under the Sudanese Constitution of 1998 and the right of freedom of security of person and fair trial that are guaranteed in by sections 20, 30, and 32 which adopt many rights that are in the international treaties and covenants concerning the protection of freedoms and civil and political rights. Council for the petitioner are correct in citing these laws and rights, but the application in this context must be through the national laws and the national laws that apply are the Criminal Procedure Act and the National Security at Act and its Regulations.

The National Security Act in section 30, provides for preventive detention and the regulation state the rights of detainees. Among these rights are the right to be treated humanely and not to be harmed physically or mentally, the right of a family to be informed of the detention if that doesn’t interfere with the case, the right of a competent officer to inform the detainee of the reasons for his detention. These rights go to the foundation of the claims made by the petitioners. However, the same regulation states that the remedies to be used must be those in the Act.

The defendants’ counsel consists of eight lawyers led by Abel Alier. The court in was address by Mahmoud Hag Elsheik, who claimed that the petitioners have no remedies and that the National Security Act 1994 does not provide adequate remedies for such complaints and that the regulation that has been issued in pursuance to that Act also does not include the right of detainees to make a complaint. Three document were produce by him. They were letters addressing the Minister of Justice with requests (a) to meet with the detainees, (b) to have the reasons for detention explained, and (c) to notify the lawyers of the place were the detainees are being held.

The Minister replied that as for the request in point (a) the courts have jurisdiction over this issue, and in respect point (b) of the application that this has been placed before the competent authority. There is no reply in respect of point (c).

The petitioner’s Counsel claimed that that there is no other remedy in accordance with the requirements of section 4(g) of the Law on Constitutional and Administrative Judicial Review and that the petition must therefore be admitted by this Court.

It was good of the Petitioner’s Counsel to mention the international covenants and treaties that protect the civil and political rights of the citizens and the constitution texts that protect the same rights. Actually, however, the National Security Act of 1994 in section 30 has stated the power to end preventive detention in its regulation as stated above.

Appeal dismissed.