The statement of the heads of the construction engineering system organization of the provinces regarding the temporary order of the 12th branch of the Court of Administrative Justice regarding the circular of the Ministry of Roads and Urban Development (monitoring reference)
Name of God
Because recently one of the branches of the Court of Administrative Justice issued a temporary order regarding the suspension of the implementation of the circular of the Honorable Vice President of Housing and Construction of the Ministry of Roads and Urban Development No. 400/15450 dated 11/2/98 on the issue of how to refer supervision by the organizations of the construction engineering system of the provinces. The heads of the building engineering system organizations, while supporting the action within the framework of the law of the Ministry of Roads and Urban Development, consider this temporary order to be against the law and executive regulations of the law of the engineering and building control system and declare their opposition to this issue.
Based on the explicit text of Article 24 of the Executive Regulations of Article 33 of the Law on Engineering and Building Control System approved by the Council of Ministers, the selection and introduction of supervising engineers to municipalities and other building control and permit issuance authorities was done by the Building Engineering System Organization of the province and against the temporary order of the branch. Court of Administrative Justice, the decision of the Board of Ministers is binding for all relevant institutions, including the Ministry of Roads and Urban Development and all branches of the Court before the decision of the Board of Ministers is revoked.
It is also important to pay attention to the fact that the selection of the supervisor in mass building projects by the builders, since according to the law, the supervisors have the duty of governance so that the constructions are controlled according to the national building laws and regulations. It will be in conflict with the interests and rights of the users and the selection of supervisors by mass builders while reducing the quality of construction and the useful life of buildings in the country will cause damage to national capitals and the occurrence of irreparable material and spiritual damages when accidents occur. Unexpected events including earthquakes, floods, etc. will be.
The reference of the Honorable Chairman of the Islamic Council on the illogicality of the selection of the supervisor by the mass builders in order to protect the interests of the beneficiaries, while emphasizing on streamlining the people’s work, is proof of this claim.
It is hoped that all of us will make a double effort in implementing the Law of Engineering and Building Control, which does not belong only to the organizations of the engineering system and is considered one of the most progressive laws after the revolution and as one of its achievements, and instead of Let’s take steps to help solve the problems of the people as the guardians of our blessings, by raising non-priority and marginal issues that prevent the officials from spending time on the main issues.
While supporting the implementation of the law, the heads of the construction engineering system of the provinces announced that the recent circular of the Ministry of Roads and Urban Development, which was issued within the framework of the explicit text of the law and the executive regulations of the law, was considered to be in conflict with the above documents and laws; Also, opposition to the laws approved by the Islamic Council and citing laws as obstacles to improving the business environment in public opinion require serious revision.
It seems that enlightenment in this field, especially by the national media and with the help of media people, in promoting the efficiency of the engineering system as one of the general policies of the Islamic Republic of Iran, improving the quality of construction, preserving national capital and respecting effective citizenship rights. will be.
The answer to the question of whether it is possible to secure the rights of the beneficiaries by choosing the supervisor (controller) by the manufacturer or the employer (beneficiary); It is indicative of issues that may have been manifested in the media in a different way, and sympathetic media will definitely be effective in enlightening public opinion.
In the end, while appreciating the new approach of the honorable head of the judiciary, he requests the application of legal regulations and the rule of judicial principles and fair proceedings by making appropriate decisions.
The heads of the construction engineering system organization of the provinces August 27, 2018
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This post is written by Aliaminiomran