Homepage Search this site
About Us
What is Legislationline.org? Legislative Support Unit Factsheet
Search by Topic
Administrative Justice Anti-Discrimination Citizenship Elections Counter-Terrorism Gender Equality Migration Trafficking in Human Beings Freedom of Peaceful Assembly Freedom of Association Political Parties Access to Information and Data Protection Fair Trial (Right to a) Judicial and Prosecution Systems Hate Crimes Freedom of Religion or Belief National Human Rights Institutions National Minorities
Search by Country
Site map
Contact:legislationline@odihr.pl
 

State of Emergency Act (October 1983)

STATE OF EMERGENCY LAW

ACT NO. 2935 STATE OF EMERGENCY LAW

25 October 1983

(Published in the Official Gazette on 27 October 1983; No. 18204)

PART ONE GENERAL PROVISIONS

Purpose: Article 1. The purpose of this Act, in case of: (a) natural disasters, dangerous epidemic diseases or serious economic crises; or (b) the appearance of serious indications resulting from widespread acts of violence designed to eliminate the free democratic order established by the Constitution or fundamental rights and freedoms or violent actions causing serious deterioration of public order, is to determine the declaration of a state of emergency and the procedures to be applied in states of emergency.

Scope: Article 2. This Act covers provisions of the declaration of a state of emergency; the financial, material and working obligations imposed on citizens during states of emergency declared in the case of natural disaster, dangerous epidemic diseases or serious economic crises. Provisions shall differ for each type of state of emergency concerning how fundamental rights and freedoms shall be limited or suspended; how and in which way necessary measures shall be taken; what sort of powers shall be given to public service officials; what changes shall be made in the position of officials; and administrative procedures of emergency.

Declaration of States of Emergency: Article 3.

(1) The Council of Ministers assembled under the chairmanship of the President shall declare a state of emergency: (a) whenever there is in existence one or more natural disasters, dangerous epidemic diseases or serious economic crisis; (b) whenever there appear serious indications resulting from widespread acts of violence which are aimed at destroying the free democratic order or fundamental rights and freedoms, or violent acts causing serious deterioration to public order, after consultation with the National Security Council, in one or more regions or throughout the country for a period not exceeding six months.

(2) The state of emergency decision shall be published in the Official Gazette and immediately submitted for approval of the Turkish Grand National Assembly. If the Turkish Grand National Assembly is in recess, it shall be summoned to meet immediately. The Assembly may amend the duration of the state of emergency. On a request from the Council of Ministers, the Assembly may prolong the duration each time for a period not exceeding four months, or it may terminate the state of emergency.

(3) The Council of Ministers, after declaring a state of emergency in accordance with provision (b) above, shall also consult the National Security Council before making a decision on questions related to the prolongation of the duration, alteration of the scope, or termination of the state of emergency.

(4) The reasons for the decision to declare a state of emergency, its duration and scope shall be broadcast on Turkish radio and television and, if the Council of Ministers deem it necessary, also disseminated through other media.

Decrees having the force of law: Article 4. During a state of emergency, the Council of Ministers meeting under the chairmanship of the President of the Republic, may issue decrees having the force of law on matters necessitated by the state of emergency without complying ith the restrictions and procedures laid down in Article 91 of the Constitution. Decrees having the force of law shall be published in the Official Gazette and submitted to the Turkish Grand National Assembly for approval.

PART TWO OBLIGATIONS AND MEASURES TO BE TAKEN

CHAPTER ONE Obligations and Measures to be Taken in Natural Disasters and Dangerous Epidemic Diseases Obligations:

Article 5. [The state shall be obliged to take measures] in the event of a state of emergency declared on account of a natural disaster or dangerous epidemic disease, to: rescue victims of the catastrophe; to provide the necessary monetary relief and any type of property, real or personal, not immediately available but which is needed in order to repair the damage and detriment suffered; and to do whatever else that is necessary to be done in terms of financial, material or manual obligations.

Financial obligations: Article 6.

In the event of a state of emergency declared on account of a natural disaster or dangerous epidemic disease, the necessary funds shall be provided primarily from public resources.If sufficient monetary relief is not available in time from public resources for urgent and essential [relief operations], the facilities of the credit institutions in the concerned region shall be [requisitioned].

(3) In the discharge of financial obligations efforts shall be made not to disrupt the normal services and operations of such institutions.

Material obligations: Article 7.

(1) Public institutions and persons - natural as well as artificial - within the region where a state of emergency is declared on account of a natural disaster or dangerous epidemic disease can be compelled to provide land, buildings, establishments, instruments, materials, food, medicines and medical supplies in order to fulfil the obligations imposed on them.

(2) For this purpose, obligations shall first be imposed on governmental departments having their own budgets; governmental departments dependent on the general budget; state economic enterprises; and establishments with institutions connected to them and local administrative bodies within the region. If the needs are not met sufficiently within a reasonable time from these resources, obligations shall be placed on the resources of private establishments and persons in the region, [having regard to their capacity and resources].

(3) If such necessities as food, clothing, instruments, materials, medicines and medical supplies cannot be provided from within the limits of the region, they cna be requisitioned from the nearby regions in accordance with the provisions of this Act.

Labour obligations: Article 8.

(1) All citizens between 18 and 60 years of age, who are resident within the region where a state of emergency is declared on account of a natural disaster or dangerous epidemic disease are obliged to perform the duties imposed on them under the state of emergency.

(2) In putting into operation the related labour obligation provisions the age, sex, health, profession, occupation and social situation of the individual and his family and dependants shall be taken into account.

(3) The organisation of the Work and Worker Supply Institution shall be used in providing the manpower needs and effecting transfer of employees among institutions.

(4) If it is deemed necessary, the working hours, both during day and night, in work places may be incresed in accordance with the nature and level of manpower needs. The application of provisions of the Law on Weekend Holidays, the Law on National Festival Days and General Holidays, and the Law on Midday Rest may be totally or partially suspended.

(5) In the application of labour obligations consideration shall be given to ensuring that the services and functioning of establishments and the professional activities of individuals are not [unduly] disrupted.

Measures to be taken: Article 9. Whenever a state of emergency is declared due to a natural disaster or dangerous epidemic disease, the following measures may be taken having regard to the events which necessitated the declaration:

(a) prohibition of people from residing in certain localities in the concerned region; restriction of entry ito and departure from certain areas; evacuation of certain areas and transfer of people to other areas;

(b) suspension of training at all levels of official and private education and training institutions; closure, permanently or temporarily, of student dormitories;

(c) control and limitation of the opening and closing times, and if necessary the closure and requisition by the state, of casinos, restaurants, public houses, drinking places, taverns, discotheques, bars, dancing places, cinemas, theatres and other places of entertainment, clubs, gambling saloons, hotels, motels, camping grounds, holiday villages and other holiday establishments;

(d) limitation or suspension of annual vacation leave of personnel in charge of carrying out the services required under the state of emergency in a region;

(e) requisitioning, and if necessary, seizure of all communication media and instruments within the region;

(f) demolition of unsafe buildings, destruction of real estate and personal property which threaten [public] health, and of articles of food and other products which are deemed to be unhealthy;

(g) control, limitation and if necessary prohibition of the entry into or carrying out of the affected region of certain articles of food, animals, animal fodder or animal products;

(h) regulation of the distribution of essential goods;

(i) requisition and control of: essential supplies of food and oil used in cooking, heating, cleaning and lighting; medicines, chemical materials, instruments and other articles used in the protection of health, treatment of diseases and in medical science; goods and materials used in construction, industry, transportation and agriculture; the production, sale, distribution and storage of and commerce in other goods, materials, instruments and all kind of necessities; and closure of workplaces which are not of vital importance to the region;

(j) control of land, sea and air traffic, and the restriction or prohibition of the transportation of vehicles into or out of the region.

CHAPTER TWO Obligations and Measures to be Taken in the Event of Serious Economic Crises Obligations and Measures to be taken in the event of serious economic crises:

Article 10.

(1) Whenever a state of emergency is declared due to a serious economic crisis, the Council of Ministers may issue decrees having the force of law to direct markets in goods, capital and services as they affect tax, monetary, credit, rent, remuneration and price policies; and to determine, regulate and implement every kind of measure and obligation in relation to labour so as to regulate and improve the economy.

(2) The Council of Ministers may authorise the related Ministries or the State of Emergency Co-ordination Council on Economic Affairs which will be formed in accordance with the following provision, to implement the decisions taken by it by virtue of the power conferred by decrees having the force of law.

(3) The State of Emergency Co-ordination Council on Economic Affairs shall be formed with the following as its members: the Prime Minister (who shall be President of the Council), Minister of State responsible for economic affairs, and the Ministers of Finance, Commerce, Agriculture and Forestry, Industry and Technology, Energy and Natural Resources, Customs and Monopoly, and Labour.

(4) The Council may delegate responsibility either to the governor of provinces or regions or, if necessary, to other public institutions or establishments for the implementation of certain decisions.

(5) Decisions taken by the Council of Ministers and the implementation of decisions taken by the State of Emergency Co-ordination Council on Economic Affairs shall be published in the Official Gazette and shall be notified to all affected parties.

CHAPTER THREE

Measures to be Taken in the Case of Violence Measures: Article 11. Whenever a state of emergency is declared in accordance with Article 3 (1)(b) to protect general security, safety and public order and to prevent the spread of acts of violence, in addition to the measures taken in accordance with Article 9, the following measures may be taken:

(a) imposition of a limited or full curfew;

(b) prohibition of any kind of assembly or procession or movement of vehicles in certain places or within certain hours;

(c) authorisation of officials to search persons, their vehicles or property and to seize goods deemed to have evidentiary value;

(d) imposition of obligation to carry identity cards by those living in or entering regions which are declared to be under a state of emergency;

(e) Prohibition of, or imposition of obligation to require permission for, the publication (including issuance of reprints and editions) and distribution of newspapers, magazines, brochures, books, etc.; prohibition of importation and distribution of publications published or reprinted outside regions declared to be under a state of emergency; and confiscation of books, magazines, newspapers, brochures, posters and other publications of which publication or dissemination has been banned;

(f) control and, if deemed necessary, restriction or prohibition of every kind of broadcasting and dissemination of words, writings, pictures, films, records, sound and image bands (tapes); (g) taking or increase of special security measures for internal security of banks and sensitive public and private establishments;

(h) control and, if deemed necessary, suspension or prohibition of the exhibition of all kinds of plays and films;

(i) prohibition of the carrying or conveying of all types of weapons and projectiles, including those licensed by the state;

(j) prohibition, or the imposition of a requirement to obtain prior permission, for the poseession, preparation, manufacture or conveying of all types of ammunition, bombs, destructive materials, explosives, radioactive materials and corrosive, caustic or ulcerating chemicals and all kinds of poisons, suffocating gases and other similar material; and confiscation of, or demand to submit [to the state], goods, instruments and tools used in the preparation or manufacture of the aforesaid items;

(k) prohibition of persons or groups of persons believed to be disrupting public order or public security from entering the concerned region, expulsion of such persons or groups from the region, or imposition of a requirement on them to reside in or enter specified places in the region;

(l) prohibition, restriction or regulation of the entry [of people] into and exit from establishments or institutions deemed essential for the security of the region;

(m) prohibition of, postponement of, or imposition of a requirement to obtain permission for, assemblies and demonstrations in both enclosed and open spaces; regulation of the time and place of permitted assemblies and demonstrations; and supervision, and if deemed necessary dispersal, of all kinds of permitted assemblies;

(n) [As amended by Decree 3076 dated 14 November 1984] Postponement of, or imposition of a requirement to obtain permission for, the retrenchment of labour for periods exceeding three months, except in cases of termination or cancellation of labour contracts at the request of workers, dismissal on grounds of immoral behaviour or breach of good faith, retrenchment on health grounds, or normal retirement.

(o) [As amended by Decree 3076 dated 14 November 1984] Suspension of the activities or associations for periods not exceeding three months, after considering each individual case;

[oo] [As amended by Decree 3076 dated 14 November 1984] Postponement of decisions to enforce strikes and lock-outs for upto a maximum of one month;

(p) [Introduced by Decree 3310 dated 3 September 1988] Planning and execution of operations, in so far as they may be necessary, beyond the borders of Turkey to capture or incapacitate persons who, having carried out [disruptive] actions in Turkey, have sought refuge in a neighbouring country. Such operations shall be carried out by the competent military commander, using the Army, Navy and Air Force, after obtaining the requisite permission from the Council of Ministers through the Office of the Chief of General Staff, at the request of regional governors, and within the framework of agreements arrived at between the Government of Turkey and that of the neighbouring country concerned. This power shall only extend to an emergency declared under Article 121 of the Constitution.

PART THREE Organs and Implementation

Chapter 1

Organs Co-ordination: Article 12. [As amended by Decree 3432 dated 21 April 1988]

Whenever a state of emergency is declared, co-ordination will be provided by the office of the Prime Minister or a ministry designated by the Prime Minister.For this purpose, a States of Emergency Co-ordination Council shall be established by the representatives of ministries related to the cause of the state of emergency declared. The ministries which constitute this Council may designate a unit for the same purpose within the central administration or for a special unit.The constitution and functions of the States of Emergency Co-ordination Council shall be provided for by a regulation to be promulgated.The provisions of Article 10 are limited to states of emergency declared on account of serious economic crises.

States of Emergency Council and Offices: Article 13.

(1) Within the region in respect of which a state of emergency is declared, the State of Emergency Council shall be constituted with the following membership: the regional governor as the Chairman, the governors of provinces, directors of public establishments and the garrison commander or an authorised representative of the commander. The functions of this Council shall be to supervise the application of measures taken and to evaluate [their efficacy]. The tasks of the Regional Governancy and its institutions shall remain unaffected.

(2) If the regional governor deems it necessary, or if the state of emergency is declared in one province, a State of Emergency Bureaux shall be established in the centre of the province and in the districts. The provincial bureau shall be presided over by the governor of the province or by a person designated by the governor, and the district bureau shall be presided over by the governor of the district.

(3) While the state of emergency is in force, except for personnel employed in the civil and administrative judiciary and in the organisation of the military, any public service employee designated by his director may be seconded to the abovementioned bureaux and Councils together with his staff.

(4) The constitution, powers, procedures and principles of States of Emergency Councils and Bureaux shall be determined by regulations.

CHAPTER TWO Implementation of States of Emergency

Implementation of States of Emergency: Article 14.

(1) The duty of and authority for implementing states of emergency shall belong to: (a) the governor of a province, if the state of emergency covers one province; (b) the regional governor, if the state of emergency is declared in more than one province administratively connected to a regional governancy; (c) the regional governors, with co-ordination and co-operation being provided by the office of the Prime Minister, if the state of emergency is declared throughout the country or in provinces within the jurisdiction of more than one regional governor. All the necessary powers shall be exercised by the abovementioned functionaries.

(2) Regional governors may transfer, totally or partially, their duties and powers, to the governors of provinces covered by a state of emergency.

Notification and Application of Obligations: Article l5.

(1) General obligations shall be announced through every kind of mass media. If necessary, specific obligations shall be notified to [affected] persons in written form and in urgent cases notification may be made orally but confirmed in writing later.

(2) Upon such notification, persons under obligation shall deliver moneys, real estate or movables subject to the obligation to the authorities within a specified period and according to specified procedure; if they are under an obligation to do labour, they may be required to start work on a specified day and time.

Establishing Repayment Obligations: Article 16.

(1) An official document shall be issued to persons whose property has been requisitioned or used, or who have been required to perform compulsory labour.

(2) Payment shall be made to persons under labour or material obligation upon submission of the said document to the relevant authorities. The State of Emergency Councils or Bureaux shall determine the price, rent, remuneration or compensation payable to the person for the property requisitioned or labour performed, having regard to local market rates.

(3) In the event of a delay in payment or payment by instalments, the amount repaid shall include interest at the official rate.

(4) Affected persons may, in accordance to the general provisions of the law, apply to the civil judiciary if they dispute the price, rent, remuneration or compensation determined by the Emergency Councils or Bureaux.

Property Requisitioned for a Temporary Period: Article 17.

Transportation vehicles and other property which are requisitioned for a temporary period shall be returned to their owners when such obligation has terminated.The procedures for implementation of the provisions of Article 16 and of this Article shall be notified in the regulations.

Return of Goods belonging to Public Establishments: Article 18. Real estate, moveables and unused materials belonging to government departments having their own budget, government departments dependent on the general budget, state economic enterprises and institutions connected to them, and local administrative organs, shall be returned to them. No price, rent, remuneration or compensation shall be payable to such establishments.

Exceptions: Article 19.

The provisions of Article 9 (b), (d) and (e) and Article 11 (c) shall not apply to the civil judiciary and military institutions and to judges, prosecutors and military personnel.In imposing obligations and taking measures, the provisions of international law which recognise diplomatic privileges and legislative immunities shall be complied with.

PART FOUR

Demands for Aid Demands for Aid in the Event of Natural Disasters and Epidemic Diseases: Article 20.

(1) Regional governors of regions where a state of emergency is declared in accordance with Article 3(1)(a) of this Act may apply to other regional governors in their area if urgent rescue and aid organisations under their jurisdiction cannot satisfy the needs of emergency relief.

(2) Regional governors, when faced with urgent emergency situations or until aid sent to them by other nearby regional governors reaches them, may request aid from the highest military commandership in their region. (3) All demands of a regional governor mentioned above shall be met with immediately.

Demand of Force: Article 21.

(1) Regional governors of regions where a state of emergency has been declared in accordance with Article 3(1)(b) of this Act shall try to contain and prevent existing or potential social disturbances in their regions with the use of forces under their command or with the use of security forces specially organised for this purpose.

(2) If they are unable to prevent, or are satisfied that it is impossible to prevent, such incidents or to implement the necessary measures with the abovementioned forces, they may apply to other regional governors in the area requesting for assitance from the security forces of those regions. The Ministry of the Interior shall also be notified of this situation.

(3) If all these measures are considered inadequate, or if a regional governor is faced with urgent and extraordinary circumstances, he may request aid from the highest military commandership in his region.

(4) Any of the abovementioned demands of the regional governor shall be met by the authorities without delay.

(5) If a regional governor demands aid from the military, such action shall be carried out in accordance with the following procedure:

(a) In urgent cases the demand may be made orally but confirmed in writing later;

(b) The military force demanded to meet potential [incidents], of such strength as may be determined by the military commandership after consultation with the governor of the province in question, shall be made ready for deployment in an appropriate place or places. If military force is demanded to meet urgent and extraordinary events, the duties assigned by the regional governor shall be carried out immediately under the orders and directions of the appropriate commander and in accordance with the provisions of the Turkish Armed Forces Internal Service Act and the competence recognised for the security forces to provide general security.

(c) The rules of co-operation and co-ordination between the security forces and the military units which come to assist [in the abovementioned circumstances] and the principles governing their command structure shall be determined jointly by the regional governor and the highest military commander in the concerned region. However, if certain tasks are carried out together by the security forces and the military units which come to assist, decisions regarding their command and administration shall be taken by the commander of the military or the seniormost commander of the military on duty.

(d) The expenses necessitated in the use of military units shall be provided by appropriation in the budget of the Ministry of the Interior without awaiting an order for payment.

Demands for Aid and Forces by Governors of Provinces: Article 22.

(1)

The governors of provinces in whose territories a state of emergency has been declared under Article 3(1)(a) of this Act may demand aid on the basis of competence recognised in the existing statutes governing that subject,The governors of provinces in whose territories a state of emergency has been declared under Article 3(1)(b) of this Act shall try to contain or prevent existing or potential incidents by the use of force at their disposal. If they are unable to do so, or are satisfied that it is impossible for them to do so, or if they are unable to implement any of the measures adopted to deal with the situation, they shall apply to the appropriate regional governor for additional reinforcements of security forces. The security forces sent for this purpose will function under the command of the provincial governor.

(2) If the governor of a province is faced with urgent and extraordinary circumstances or needs to take urgent measures pending the arrival of forces requisitioned by him as above, he may demand aid from the nearest military commandership. He shall also notify the regional governor and the Ministry of the Interior of such a situation.

(3) The demands of a governor mentioned above shall be met immediately.

(4) Whenever a demand is made by the governor of a province for aid from the military, the provisions of Article 21 of this Act shall apply. In such cases the duties and powers of the regional governor shall be exercised by the governor of the province.

Competence on the Use of Arms: Article 23.

During the pendency of a state of emergency, security forces and special security forces shall, in carrying out their duties, have the authority to use arms if one of the conditions laid down in statutes governing the use of arms exists.In the case of a state of emergency declared under Article 3(1)(b) of this Act, the security forces on duty may fire [on a person or a group of persons] if an order to surrender is not obeyed or if there is an attempt at armed resistance or if the security forces have to act in the interests of legitimate self-defence.The provisions of Article 87 (V) and (VI) of the Turkish Armed Forces Internal Service Act and Article 3 of the Law on the Prevention of Offences Against Law and Order (Law 1481) shall be applicable to all personnel using arms. Furthermore, investigations against such personnel shall be carried out without them being detained.

(4) The orders given by a regional governor or the governor of province in accordance with this Article permitting security force personnel to use arms to protect the authority of the state or their lives or property shall be proclaimed by appropriate means.

PART FIVE JURISDICTION, PROCEDURE AND PENAL PROVISIONS

Jurisdiction and Procedure in a State of Emergency: Article 24.

Except for crimes falling within the jurisdiction of State Security Courts or Military Courts, all crimes committed in areas under a state of emergency shall be subject to the jurisdiction of the civil judiciary.The investigation and prosecution of crimes regulated by this Act shall be carried out in accordance with the Law of Legal Procedure on Flagrant Offences (Law 3005) irrespective of the location or time of the crime.

Penal Provisions: Article 25.

Within areas where a state of emergency has been declared on account of a natural disaster, dangerous epidemic disease or serious economic crisis - (1) anyone whose actions constitute a breach of the measures taken by a regional governor or the governor of a province in accordance with the authority provided in this Act or in other statutes, or who disobeys orders or does not carry out the requirements of such orders, or who provides false proof of identity of refuses to provide proof of identity when demanded, is liable, in addition to the punishment prescribed for such actions in ordinary criminal law, to imprisonment for up to three months; (2) anyone who spreads or conveys false or exaggerated news or information with intent to create panic among the public shall similary be liable to additional punishment of imprisonment for between three months and one year and a minimum fine of five thousand Turkish liras. If such crime is committed by a person in association with a foreigner, the additional term of imprisonment shall not be for less than one year together with a fine of thirty thousand liras. If the crime involves publication and/or the use of broadcasting media, the penalty shall be doubled and imposed on both the person primarily responsible for the crime and anyone else connected with its commission.Within areas where a state of emergency has been declared in accordance with Article 3(1)(b) of this Act - (1) anyone whose actions constitute a breach of the measures taken by a regional governor or the governor of a province in accordance with the authority provided in this Act or in other statutes, or who disobeys orders or does not carry out the requirements of such orders, or who intentionally provides false proof of identity or refuses to provide proof of identity when demanded, is liable, in addition to the punishment prescribed for such actions in ordinary criminal law, to imprisonment for between one and six months;

(2) anyone who acts in a manner which would constitute a breach of clause (A)(2) of this Article, shall be liable to a penalty which shall be double the penalty mentioned in the foregoing clause.

Extension of Custody: Article 26. In cases involving a state of emergency declared in accordance with Article 3(1)(b) of this Act, the custody periods prescribed in the Code of Criminal Procedure (Article 128) may be doubled on a written request made by the Public Prosecutor [to] a civil or investigation court judge if damage is likely to result from any delay.

PART SIX MISCELLANEOUS PROVISIONS

Authority of Local Administrations: Article 27. (1) Regional governors of areas under a state of emergency may decide that the decisions or actions of local administrative organs related, whether wholly or partially, to certain subjects shall only be put into force upon approval of the regional governor or governor of the concerned province appointed by the regional governor or the district governor.

(2) The authority to make such a decision shall vest on the governor of the concerned province.

Cases of Injury, Mutilation and Death: Article 28. The principles and procedures for payment of monetary compensation and wages in the case of persons who may suffer injuries, contract illnesses or die while performing the labour obligations imposed by this Act shall be governed by the provisions of the Law on Cash Compensation and Determination of Monthly Salary (Law 2330 dated 3 November 1980).

Over-time Pay: Article 29.

(1) Whenever a state of emergency is declared over-time payments shall be made to public service personnel in accordance with the decision of the Council of Ministers which shall determine the amount and scope of such payment having regard to the proportion to which each hour of extra work exceeds normal working hours, the characteristics of events and the nature of the tasks involved. However, in making such determination, neither the overtime nor the cadre level of the staff concerned shall be taken into account. The payment shall not be subject to any tax except stamp duty.

(2) The provisions of the Law on Travel Pay (Law 6245) shall apply.

Allocation: Article 30. The Council of Ministers has the authority to increase the general budgetary allocations by up to 5 five per cent to enable it to bear the expenses necessitated by the state of emergency, and the Minister of Finance has the authority to register this allocation with the administrations belonging to the related general budget and to existing and newly formed funds under the budgets of government departments having their own budgets and to take measures providing for the immediate use of such allocation.

Publication of Decisions: Article 3l. Decisions taken under this Act, the publication of which is obligatory or deemed necessary by the competent authorities, shall be published and disseminated to the nation free of charge by Turkish radio and television and in the Official Gazette and by the mass media under the control of the local administration. Any requirements of the competent authorities in this regard shall be met immediately.

Application of Disciplinary Penalties: Article 32.

(1) The regional governor or the governor of a province whether in the normal course of their duties or if specifically empowered in this regard, shall be entitled to impose directly the disciplinary penalties of reproach, warning and docking of wages on all public personnel except the military and judiciary, if such personnel do not perform or discharge the duties assigned to them or disobey orders. In doing so the governor shall have regard to the gravity of the offence and not to the fact of whether the offending action necessitated a disciplinary penalty in accordance with the disciplinary regulations.

(2) The regional governor or the governor of a province may also apply the penalty of docking of wages to public personnel not covered by clause (1) of this Article and to other persons whose services are requisitioned if they act in like manner. The governor shall determine the amount of the penalty which shall be between one-thirtieth and one-eighth of the employee's monthly salary.

Prohibition against Issuing Stay Orders: Article 33. The issuing of stay orders against the administrative acts of governors performed in accordance with the authority vested in them shall be prohibited. Regulations: Article 34. Regulations provided for in this Act shall be made within a period of three months from the date of promulgation of this Act and brought into force by the Council of Ministers by publication in the Official Gazette. The making of such regulations shall be co-ordinated by the Ministry of the Interior with the participation of concerned ministries.

Additional Article 1 [Inserted by Law 3076 dated 14 November 1984]: Actions for compensation against the administration based on the use of authority regulated by this Act shall be brought in the administrative courts. If the complaint discloses a serious and evident personal fault on the part of any personnel, the administration may have recourse to a personal action against such personnel. No such action shall be brought without the approval of the concerned minister.

Temporary Article: The duties and powers provided for regional governors by this Act shall be carried out by governors of provinces until the organisation of the Regional Governancy is completed and such Governancy starts functioning.

Application: Article 35. This Act shall come into force on the date of its publication.

Enforcement: Article 36. The provisions of this Act shall be enforced by the Council of Ministers. t


back