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Author Topic: Act On The Procedures For Appointment In Ministries And Affiliated Organizations  (Read 3603 times)

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ACT ON THE PROCEDURES FOR APPOINTMENT IN MINISTRIES AND AFFILIATED ORGANIZATIONS

Act No   : 2451
Adopted on   : 23/04/1981
Date of Official Gazette    :25/04/1981
Official Gazette Number   : 17321
Article 1 – Appointments and transfers within prime ministry and other ministries as well as the organizations affiliated thereto shall be governed by the procedures laid down in this Act, with no regard to the existence of any organizational law.
As regards Turkish Armed Forces (including the Gendarme Command) and the Ministry of National Defense as well as other public institutions not subject to paragraph one, provisions on appointment and transfer set out in their private legislation shall remain applicable.
Article 2 – Appointments to the duties holding the titles indicated in schedule (1) annexed to this Act shall be made upon a Council of Ministers resolution, and appointments to those indicated in the schedule (2) shall be made upon a joint resolution.
Appointments and dismissal of them shall be made in accordance with the same procedure.
Where delays are considered conducive to problems, the Minister of Foreign Affairs may appoint diplomats to permanent duties and transfer them from the foreign organization to the center, from the center to the foreign organization and from one country to the other in the foreign organization, provided that s/he obtains the verbal consent of the Prime Minister and the President. The decree concerning them shall be forthwith sent to the Prime Ministry. 
Article 3 – For appointments and transfers to offices and duties holding titles not included in the schedules annexed to this Act, provisions in the organizational legislation or private legislation of the organizations falling under the scope of this Act shall remain applicable. However, those who are foreseen to be appointed through a Council of Ministers resolution prior to the entry into force of this Act shall be appointed upon a joint resolution, and those who are foreseen to be appointed upon a joint resolution shall be appointed upon the approval of the Minister.
Ministers may assign their power to appointment to lower ranks in accordance with the rules to be laid down in the regulations to be issued to this effect.
Article 4 – Appointments to permanent foreign missions of ministries shall be made upon a joint resolution. Joint resolutions of other ministries shall include the signature of the Minister of Foreign Affairs together with the relevant minister.
Article 5 – The provisions in the organizational laws and private laws of the organizations falling under the scope of this Act, which regard notification, election, consultation and appointment qualifications, shall remain without prejudice.
Article 6 ­– This Act shall enter into force on the date of its publication.
Article 7 – This Act shall be enforced by the Council of Ministers.
Supplementary Article 1 – (Supplementary article: 25/07/1996 – 4158 / Art.1)
If the Council of Ministers is composed of more than one political party, the joint resolution to be taken under this Act shall also be signed by the Deputy Prime Minister, who is a member to the other ruling party that has the greatest number of deputies in the Parliament, apart from the Prime Minister.
The above paragraph shall also apply to appointments, transfers and dismissals envisaged to be made upon the signature of the Prime Ministry under other laws.
Provisional Article 1 – Those who are still holding the seat of “Chief Assistant” shall continue to serve under this title. Appointments to vacant chief assistant seats shall be made under the title of “Assistant”.

Schedule 1
Governors;
Embassies, Permanent Representatives, Permanent Delegates;
President of Religious Affairs and Members of the Higher Board of Religion;
Chairman and members of the Higher Board of Supervision;
Schedule 2
The Undersecretary and his/her assistants (including Secretary General for the Ministry of Foreign Affairs and his/her Assistants);
Director General and his/her Assistants (including Secretary General for Foreign Trade of Ministry of Trade and his/her Assistant, Director General of the Treasury, and Secretary General of the Organization for International Economic Cooperation and his/her Assistant, President and Vice-President of Civil Defense Administration of the Ministry of Internal Affairs),
Secretary General and of the State Planning Organization and Head of Departments, Planning Expert of the State Planning Organization,
- The Scientific and Technical Research Council of Turkey and its Secretary General,
- Chairman and Members of the Administrative Assembly of Directorate General for Foundations,
- President of State Statistics Institute,
- President of State Personnel Affairs
- Secretary General of Nuclear Energy Commission,
- Chairmen and Members of Boards in Ministries,
Ministry Inspectors (including Accounting Experts of Ministry of Finance and Certified Auditors of Banks) and Labor Inspectors of the Ministry of Labor and Social Security
- Ministry Consultants,
- First Legal Consultant,
- Heads of Departments within the Ministry,
- Branch Chiefs of Provincial Administrations,
- Regional Directors and Chief Directors,
Deputy Governor, District Governor, Provincial Director for Legal Affairs, President of the Police Academy, Provincial Director of Security Forces, (...)
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