Law NO ( 46) for the year 2006 / Law of Jordan Maritime Authority
Article (1):
This
law shall be named (Jordan Maritime Authority Law for the year 2002) and shall come
into force as of the date of publication in the Official Gazette.
Definitions
Article (2):
The following words and terms used in this law
shall have the following meanings unless expressly provided otherwise: -
-The Ministry : The Ministry of Transport.
-The Minister: The Minister of Transport.
-The Authority : The Jordan Maritime Authority
established by this Law.
-The Board : The Board of Directors of the
Authority.
-The Chairman : The Chairman of the Board.
-Director General : The Director General of
Jordan Maritime Authority.
-The Sector : The Maritime Transport Sector.
The Authority
Article (3):
a) An Authority to be named (Jordan Maritime
Authority) shall be established in the Kingdom. It shall have a corporate
status and enjoy a juridical personality with financial and administrative
autonomy. In such capacity, it may acquire movable and immovable properties
necessary for the achievement of its objectives, perform all legal acts and
shall have the right to proceed in legal proceedings and appoint the
public civil attorney general or any other appointed attorney to represent the
Authority in any legal proceedings on condition that such proceedings are done outside
Jordan .
b) The Authority shall be linked to the
Minister.
c) The Authority head office shall be in Aqaba
and shall be entitled to establish branches and open offices inside or outside
the Kingdom.
Article (4):
The Authority aims to achieve the following
objectives:
a) Regulate, supervise and develop the maritime
sector including all transportation modes, stationary and moving equipment,
labor force, transport auxiliaries and associated services, and provide
guidance according to the Kingdom's economic and social plans in conformity
with the provisions of ASEZA Law in force.
b) Enhance the private sector's role in
contribution to improve and develop the maritime sector.
c) Encourage competition and prevent monopoly in
the sector.
d) Contribute in marine environment protection
and boost maritime safety standards.
Article (5):
In
order to achieve its objectives, the Authority shall perform the following
functions:
a) License of all maritime activities in
cooperation and coordination with the parties concerned and in conformity with
the provisions of ASEZA law in force.
b) Registration of ships under the Jordanian
flag.
c) Issuance of statutory certificates for
Jordanian ships.
d) Issuance of documents and certificates for
seafarers in the maritime sector including certificates of competency.
e) Conducting inspections and surveys on ships
and marine equipment in Aqaba Port area and within the Jordanian territorial
waters according to related national laws and international conventions.
f) Control of pilot age, tugboat activities and
coastal navigation in the Jordanian territorial waters.
g) Follow up of search, rescue and salvage
operations within and outside Jordanian territorial waters.
h) Investigating maritime accidents within the
Jordanian territorial waters and on Jordanian ships wherever they may be.
i) Recommending to the Ministry to ratify
bilateral, regional and international maritime conventions and follow-up their
implementation.
j) Representing the Kingdom at international and
regional maritime commissions, organizations, associations, unions, committees,
and follow-up their activities.
k) Cooperation and coordination with national,
regional and international parties related to the Authority functions.
l) Conducting studies, gathering data and
information relevant to the sector, and classify, analyze, issue bulletins,
periodicals and reports of the sector's activity.
m) Conducting the authorities of Aqaba Port
Department stipulated in the Commercial Maritime Law in force.
Article (6):
The
Authority shall consist of the following:
a) The Board.
b) The Director General .
c) The executive body .
The Board
Article (7) :
a) The Board shall be chaired by the Minister
with the membership of:
1. The Director General ---Vice-Chairman.
2. The Director General of the Ports
Corporation.
3. Commander of the Royal Navy Force.
4. Three Jordanians of experience and competence
inmaritime transport, two of whom shall be from the private sector and
appointed by the Council of Ministers pursuant to the Minster's recommendation
for four renewable years. Any changes in membership thereof may be conducted in
the same manner by appointing a replacement for the remaining period of the
membership term.
b) The Vice- Chairman shall assume the
Chairman's authorities during the Chairman's absence and shall assume any
authority delegated thereto by the Chairman, provided that such delegation
shall be specific and in writing.
c) The remuneration of the Board members shall
be determined pursuant to a resolution by the Council of Ministers upon the
Minster's recommendation.
Article (8):
a) Neither the Board members nor their spouses
or their ascendants or descendants should have any direct or indirect interest
in any investment in the sector throughout the term of their membership.
b) If the Board member violates the provisions
of this Article, he shall be pursued for the crime of job exploitation and
distrust, and shall be obliged to return all the amounts gained subsequent to
this violation in addition to any indemnity due to any party damaged as a
result of that violation.
Article (9):
The Board shall conduct the following functions
and authorities:-
a) Executing the Ministry's general policy
relating to the sector according to the state's economic and social plans and
to approve the plans, programs and projects necessary thereto.
b) Investing the Authority's funds in the fields
and by the means approved by the Council of Ministers.
c) Concluding loan agreements necessary for the
work of the Authority with the approval of the Council of Ministers.
d) Concluding contracts and agreements with
other parties and authorize the delegated party to sign on behalf of the
Authority.
e) Approving the Authority's organizational
structure.
f) Specifying the Board members authorized to
sign on behalf of the Board in matters stipulated thereby for that purpose.
g) Accrediting one or more of the banks
operating in the Kingdom or abroad to deposit the Authority's funds.
h) Approving the Authority's annual budget draft,
balance sheet, final statement of account and the final annual report in
respect of the Authority's functions and activities and submit to the Council
of Ministers for accreditation.
i) Appointing the Authority's auditor and
specifying his fees.
j) Preparing the draft regulations and bylaws
necessary to enforce the provisions of this law and submitting them to the
Council of Ministers.
k) Preparing the instructions for the
Authority's procedures and operations.
l) Establishing the committees necessary to
assist the Board to conduct its functions.
m) Any other functions which the Chairman elects
to submit thereto.
Article (10):
a) The Board shall meet upon the Chairman's
call, or that of the vice-chairman on the absence of the Chairman, once in two months
or whenever the necessity dictates. The meeting shall be convened if attended
by at least two thirds of its members including the Chairman or the
vice-chairman. The Board shall pass its resolutions at least by the majority
votes of those present. The dissent member should record his dissent in the
minutes of the meeting.
b) The Chairman shall call the Board to meet
within a period not exceeding seven days upon receiving a written request from
at least three Board members.
c) The Board may decide to invite any person of
experience and competence to attend its meetings for consultation and opinion
without the right to vote.
d) The Director General shall appoint an
Authority staff member as a Board Secretary to present the meetings agendas,
write the minutes, keep files, records and follow-up the enforcement of its
resolutions.
Article (11):
a) The Board membership shall terminate in any
of the following cases:-
1- Resignation.
2-Absence for two consecutive sessions or four
non-consecutive sessions throughout any one year without acceptable excuse to
the Board.
3- Loss of any of the membership requirements.
b) If the Board membership of any of the
members appointed by virtue of sub-paragraph (4) of paragraph (a) of Article
(7) of this Law becomes vacant due to any of the reasonsstipulated in paragraph
(a) of this Article, a new member shall be appointed to complete the vacant
membership remaining term.
The Director General and the Executive Body
Article (12):
The Director General shall be appointed, from
those of competence and experience, by the Council of Ministers resolution upon
the recommendation of the Minister, and his service shall be terminated through
the same process.
Article (13):
The
Director General shall be the head of the Authority's executive body and be
responsible for the appropriate performance of its administrative, financial
and technical functions, representing it with third parties and shall assume
the following functions:-
a) Implementing the Authority's general policy
and programs, and enforcing the Board's instructions and resolutions.
b) Preparing programs, plans and projects in
respect developing the sector and submitting the same to the Board to study and
approve.
c) Administrating the executive body, and
supervising the of functions of staff and employees.
d) Suggesting the Authority's organizational
structure for the executive body, including classes of jobs and job description
and availing the human and technical resources necessary for the Authority to
perform its duties.
e) Coordinating between the Authority and other
parties concerned.
f) Preparing the Authority's draft for the annual
budget, balance sheet, financial final statements of accounts and the annual
report in respect of the Authority's functions and submitting the same to the
Board.
g) Assuming the Director General authorities
stipulated in the Maritime Commercial Law in force.
h) Conducting any functions or authorities
delegated to him by the Board relating to the Authority's activities.
Article (14):
The
Director General may delegate any of his authorities stipulated in this law and
the bylaws issued by virtue thereof to any of the of the Authority specialized
staff provided that such delegation is specific and made in writing
according to work requirements.
Financial matters
Article (15):
The
Authority shall have its independent budget, and the fiscal year of the
Authority shall commence on the first day of January of each year and shall end
on the thirty first of December of the same year save for the first fiscal year
of the Authority which shall commence on the date of its operation and shall
end at the end of the same year.
Article (16):
The Authority's revenues shall be derived from
the following resources:
a) Any support the government advances to the
Authority in the public budget.
b) The charges, taxes and returns due for the
Authority by virtue of this law and bylaws issued according thereto and related
legislation in force.
c) Dues and service charges for services the
Authority advances to third parties.
d) Fines derived from penalties enforced by
virtue of legislations in force related to the Authority functions stipulated
in this Law.
e) Proceeds of investing the Authority's funds.
f) Aids, donations, grants, loans and any other
revenues accepted by the Board and approved by the Council of Ministers if made
by non-Jordanian sources.
Article(17):
a) The Authority shall adopt the approved
International Accounting Standards to regulate its accounts which shall be
audited by a legal auditor.
b) The Authority shall keep financial reserves,
the maximum of which shall not exceed
the Authority's annual gross expenses as stipulated in the previous year
budget, to cover the cost of projects not scheduled in the budget. The
remaining surplus shall be transferred to the Treasury.
Article (18):
a) The Authority's funds shall be considered public
funds, and shall be collected pursuant to the provisions of the Public Funds
Collection Law in force.
b) The Authority shall enjoy the exemptions and
facilities availed to the ministries and governmental departments.
c) The Audit Bureau shall audit the Authority's
accounts.
General Rules
Article (19):
a) By a resolution of the Council of Ministers
and upon the Board recommendations, the ownership of movable and immovable
properties, assets including land, estate, buildings, structures, instruments,
equipment, machinery, automobiles and documents owned by the Ports Corporation
necessary for the Authority to perform its duties and responsibilities shall be
descended to the Authority.
b) The staff and employees employed by the
Ministry of Transport and the Ports Corporation who are needed by the Authority
shall be transferred to the Authority with all their own rights, privileges and
obligations attached thereto, and their previous service at any of these two
organizations shall be considered part of their service at the Authority.
Article (20):
a)The Authority shall collect the wages, charges
and revenues for the services rendered thereby, and the amount due shall be
stipulated by regulations to be issued accordingly.
b) The Council of Ministers shall issue the
bylaws necessary to enforce this Law including the Personnel Bylaw.
c) The bylaws and regulations issued according
to the Ministry of Transport Law No.(42) of 1971 and the Ports Corporation Law
No. (36) of 1985 related to the Authority's functions and duties as stipulated
by this Law shall remain in force until amended or replaced according to the
provisions of this Law during a period not exceeding one year from the date of
enforcement. The Authority and Director General thereof shall replace the Ports
Corporation and the Director General thereof wherever stipulated on both in any
of these by laws and regulations.
Article (21):
Non of the provisions of any other legslation
shall be operative to the extent that those provisions are in contradiction
with the provisions of this law.
Article (22):
The
Prime Minster and the Ministers are entrusted to enforce the provisions of this
Law.