The State Welfare Constitution
The legal bill about forming the state Welfare Organization approved 1359 (1980), reforms and extensions have been made at Revolution Parliamentary sitting of Islamic Republic of Iran in 25/4/1359 (16/7/1980) and the public sitting of Islamic Parliamentary Assembly on Tuesday in 9/11/1357 (29/1/1979) (prepared and adjusted from the legal office of the Welfare Organization)
Unit article- To realize the substances of the principles 21 and 29 of Islamic Republic of Iran's Constitution and in order to plan, coordinate, supervise, estimate, and to provide social service standards and norms as well as developing the scope of performing Welfare plans related to support headless and necessitous families, to represent diverse services to the children, to provide social and professional prevention, remedy and rehabilitation of mentally and physically disabled people, to reform social deviations and protect headless children, disabled unrecoverable people and needy elderly, to train human force for Welfare and rehabilitation services. And to encourage and absorb contribution, volunteer group activities and private institutes, the State Welfare Organization is formed.
Note 1- The organizations which are merged with all employees, equipment and obligations, with the passage of this law in the State's Welfare Organization are consisted of:
1. Deputy of Welfare affairs and all units and statuses and activities of the subject matter of this unit article related to Welfare and Ministry of Health, Welfare and Health regional organizations, Welfare and related merged institutes.
2. Imam Relief Committee
3. Martyr Foundation
4. Tehran's Municipality Educational Organization
5. Orthopedics and prosthesis centers of Iran's Red Crescent Society.
6. Hospital and all excerpts of Yahyaiyan Healing Rehabilitation Center.
-If in the future all or part of organizations and other institutions' responsibilities connected to the State Welfare Organization's duties and responsibilities are recognized with the approval of the Cabinet of Ministers, with all the owned collections, are wrested from the Ministry or related organization or institution and are transferred to the State's Welfare Organization and it will subordinate this organization from the date of transfer.
Note 2- The State Welfare Organization is affiliated to the Ministry of Health and medical Education and its chief is appointed by the Health and Medical Education's Minister.
Note 3- The projected credits for the budget act of 1359 (1980) of the whole country following the institutions and the rows related to organizations and the structures which are merged in the State Welfare Organization will be removed by the program and budget organization and will be available to the State Welfare Organization.
Note 4-1- The general director of each province who is appointed by the State Welfare Organization's chief is in charge for the Welfare Executive affairs of the province.
Note 4-2- In order to absorb real and legal individuals' contributions to Welfare Organization, a board called central council of people's contributions with Welfare in the central headquarters of the organization and the council for the people's contribution in the provincial and city centers is as follows:
A – The composition of members of the central council for public participation with Welfare is:
1. Minister of Health and Medical
2. The Minister of the interior or his deputy
3. Head of Welfare Organization as secretary of the council
4. Representative of the Imam Jomae and Jamaat Secretariat
5. Mayor of Tehran
6. Head of the Organization of Endowment and Charity
7. Five local trustees elected by the head of the organization
The responsibility of the coordination, politicization and supervision on the province and city center's council affairs will be in charge of the council of public contributions' center with Welfare.
B - The member combination of people contributions' council are:
1 - The governor
2 - The city center's Imam Jomae
3 - Mayor
4 - The director general of city center's Welfare
5 - The director general of Endowment and Charity
6 - The chief of medical science university of city center
7 – Five local trustees elected by the head of the Welfare Organization
C – The member combination of people contributions' council with the province are:
1. Imam Jomae of city center
2. governor
3. The Welfare Organization chief of the province
4. The chief of the Health and Medical section of the province
5. The chief of Endowment and Charity department
6. The city center's Mayor
7. Five local trustees elected by the Welfare Organization's head of the province.
The governor, head of the provincial council and the governor of the city council and the director general of the Welfare of the province, and the head of Welfare of the city will be the secretary of the council in the province and the city.
The functions of the council for the participation of the people in Welfare are as follows:
1. The material and spiritual assistance of the natural and legal persons in order to solve the problems and matters of deprived and disabled people and orphans.
2. Supervising the use of specific donations to the Welfare Organization
3. Policies on the optimal use of movable and immovable property donated based on relevant priorities.
4. A report on the six-month performance of the provincial and county councils to the central council for central-based well-being public participation
Note 5- The units that provide the organization's services directly to the users of the service will be subject to specific regulations in terms of financial regulations which will be approved by the Cabinet of Ministers. Only the Organization's headquarters in the Provincial Centers and Tehran are subject to the provisions of the general accounting law and the State Employment Law and other general provisions of the government. The State Welfare Organization and the Office of Administrative Affairs and Employment Affairs of the country are obligated to prepare the human resources required by the Welfare Organization and approved by the Cabinet of Ministers.
Note 6- The costs of the Welfare and the Provincial Welfare Organization's headquarters will be exclusively financed and paid by the general government. But credits for assistance to service units will be provided from public funds, donations and grants. The revenues from the operation of service units and donations in the treasury have not been obligatory. However the costs of these units will be subject to the provisions of "assistance in the law of general calculations".
Note 7- The provincial Welfare Organization will have only technical and specialized ties with central organization and Tehran. And service units in the province are only associated with the Welfare Organization in the provincial capital.
Note 8- With the passage of this law, all assets and property, including movable and immovable, of organizations and institutions that merge in the Welfare Organization of the country, is transferred to the State Welfare Organization.
Note 9- Until the regulations on this law have not been ratified, all guidelines, provisions, instructions and operations' criteria of the State Welfare Organization is obliged to act up to three month after the adoption of this law regarding the preparation and approval of the relevant instructions and guidelines.
Note 10- All governmental and nongovernmental institutions employing more than 50 people, according to the regulations issued and approved by the State Welfare Organization, are required to employ a proportion between 2 to 5 percents of their staff among the rehabilitated disabled people who are able to do jobs required by such institutions.
Nongovernmental organizations that do not observe the provisions of this Note for any reason, are required to pay for each item a certain amount approved by the Cabinet of Ministers to the State Welfare Organization to create job opportunities to cover the costs of disabled people.
Workshops and institutions that employ people with disabilities are exempted from paying the employer's share premium. The premiums of the employer's share will be paid from the public budget, which will be charged annually in the budget law of the whole country (similar to the provisions of the premium exemption act, the employer's share of up to five employees).
Note 11- Licensing and determination of instructions for the establishment, operation, management, supervision, evaluation and investigation of violations related to the institutions that provide non-therapeutic services to the Ministry of Health and Medical Education approved by the law on this act are the responsibility of the Welfare Organization.
Note 12- The organization's specific revenues will be spent on the basis of guidelines determined by the head of the Welfare Organization in the frame work of its goals and duties. Any payment of special revenues to employees of the organization other than employees and persons who by virtue of their efforts or participations have increased their earnings, are prohibited.
Note 13- The informal staff of the permanent cadre of the institutions and units that were transferred to the offices of the Welfare Organization on the date of adoption of this law. If they are not subject to the provisions of the work law and have worked full-time, they become in accordance with the provisions of article 150 of the Employment Law, from the date of the assignment of their service to an official country. And the employment regulations are enforced, and the difference in matching will be paid. Employees of institutions and units that are subject to social security recruitment regulations and transferred to headquarters offices, their status changes are based on the last occupied business at the time of assignment. If the amount of their income is converted into a formal state service, the difference will be paid as the matching difference.
Note 14- The State Welfare Organization is authorized to approve the organization and its foundations by the administrative and employment offices of the country for the maximum of 6 months will tentatively adjust the organization and needed foundations and will be implemented by using advisory opinions of the country's administrative and employing organization.
Note 15- By the approval of this law and the relevant implementing regulations, those parts of the laws and guidelines that are not in conflict with the provisions of this article and its clauses are abolished.
Note 16- The State Welfare Organization can establish medical rehabilitation centers in the framework of the existing organization in order to diagnose and prevent the severity of disabilities according to the Ministry of Health and Medical Education.
The revenues from the operation of service units and donations in the treasury
have not been centralized, but the costs of these units will be subject to the
provisions of "assistance in the public accounting law".
Note 7: The Provincial Welfare Organization will only have technical and
specialized ties with the Central Authority and Tehran, and service units in
the province will only be associated with the Welfare Organization in the
province.
Note 8 With the passage of this law, all property and property, whether movable
or immovable, of organizations and institutions incorporated in the welfare
organization of the country, are transferred to the welfare organization of the
country.
Note 9 All regulations, regulations, guidelines and criteria for the operation
of the welfare organization of the country shall be required, not later than
three months after the adoption of this law, with regard to the preparation and
approval of the Regulations, until all regulations of this law have been
ratified. And related regulations.
Note 10 All state and nongovernmental institutions employing more than 50
people are obliged, according to the regulations issued by the Welfare
Organization of the country and approved by the Welfare Organization, a
proportion between 2 and 5 per cent of their employees among disabled
rehabilitation To be able to do the work required by such institutions.
Non-governmental organizations that do not observe the provisions of this Note
for any reason, shall be obliged to pay to the Welfare Organization a specific
amount to be approved by the Cabinet of Ministers for the purpose of creating
job opportunities for the disabled.
Workshops and institutions that employ people with disabilities are exempted
from paying the employer's share premium. The premiums of the employer's share
will be paid from the public budget, which will be charged annually in the
budget law of the whole country. (Similar to the provisions of the Premium
Exemption Act, the employer's share of up to five employees).
Note 11 The issuance of licenses and the determination of instructions for the
creation, operation, management, monitoring, evaluation and investigation of
violations of institutions that provide non-therapeutic services subject to
this Act on the standards approved by the Ministry of Health, Medical Education
and Medicine are the responsibility of the Welfare Organization Is.
Note 12: The organization's specific revenues will be spent on the basis of
guidelines determined by the head of the Welfare Organization in the context of
the organization's goals and tasks.
Any payment of special revenues to employees of the organization other than
employees and persons who by virtue of their efforts or participation have
increased their earnings are prohibited.
Note 13: The informal staff of the permanent cadre of the institutions and
units that were transferred to the headquarters of the welfare organization on
the date of the enactment of this law, provided that they are not subject to
the provisions of the law and work full time on the basis of the criteria
Article 150 of the Employment Law of the country becomes applicable to the
official country from the date of the assignment of their service to the
official country and the provisions on the implementation of the employment
status are applicable to them, and we shall pay the difference as the
difference of treatment.
Employees of institutions and units that are subject to social security
recruitment regulations and transferred to headquarters offices are transformed
according to the latest occupation at the time of assignment.
If the amount of their income is converted into a formal state service, the
difference will be paid as the matching difference.
Note 14 to the Welfare Organization of the country is authorized to approve the
organization and its organizations by the administrative and employment offices
of the country, for a maximum period of 6 months, by tentatively arranging the
organization and organization, using the advisory opinions of the State Administrative
and Employment Organization Implemented.
Note 15 With the approval of this Act and the relevant implementing
regulations, those parts of the laws and regulations that are not in conflict
with the provisions of this article and its clauses are abolished.
Note 16 The Welfare Organization of the country can establish medical
rehabilitation centers in the framework of the existing organization in order
to prevent, diagnose and prevent the severity of disabilities according to the
Ministry of Health, Medical Treatment and Medical Education.