Analysis of the Guardian Council's procedure in reviewing Note 3 of Article 12 of the Comprehensive Welfare and Social Security System Structure Law مقدمة ومراجعة

ملخص الجهاز:

Upon reviewing the bill, the Guardian Council, through a correspondence dated 14/10/82, raised thirteen points of objection regarding the bill and, among them, regarding Note 3 of Article (12), expressed its opinion as follows: «In Note 3 of Article (12), the method, quality, and manner of merging the institutions subject to it, and the transfer of assets, holdings, ownership, and facilities, as well as the spending of resources resulting from the aforementioned assets and ownerships, in light of the decree dated 8/11/81 of the Supreme Leader addressed to the Honorable President, was found to be contrary to the principles of Sharia and inconsistent with Article 57 of the Constitution. A)-In the year 1368, when the bill for the employment and social facilities of the veterans of the Islamic Revolution was approved by the Islamic Consultative Assembly on a two-year trial basis, the Guardian Council, while reviewing and approving the said bill, gave the following opinion: "Considering that in the text of the decree dated 9/11/1357 of His Eminence Imam Khomeini "may Allah Almighty's mercy be upon him" regarding the formation of the Foundation of the Oppressed (Mostazafan), it is explicitly stated that the movable and immovable properties of the foundation, which are obtained from the cursed Pahlavi dynasty and its agents and dependents and are placed under the administration of the foundation, must be used for the benefit of (2)-As previously mentioned, the date of notification of the letter from the Leadership to the President is 8/11/1381, which has been incorrectly entered as 18/11/1381 in the amended text of the law by the Parliament and also in the text published in the Official Gazette.