Article
136 [Vote of Confidence]
The President
can dismiss the Ministers and
in such a case he must obtain
a vote of confidence for the new
Minister(s) from the Assembly.
In case half of the members of
the Council of Ministers are changed
after the government has received
its vote of confidence from the
Assembly, the government must
seek a fresh vote of confidence
from the Assembly.
Article
137 [Responsibility]
Each of
the Ministers is responsible for
his duties to the President and
the Assembly, but in matters approved
by the Council of Ministers as
a whole, he is also responsible
for the actions of the others.
Article
138 [Implementation of Laws, Ministerial
Commissions]
(1)
In addition to instances in which
the Council of Ministers or a
single Minister is authorized
to frame procedures for the implementation
of laws, the Council of Ministers
has the right to lay down rules,
regulations, and procedures for
performing its administrative
duties, ensuring the implementation
of laws, and setting up administrative
bodies. Each of the Ministers
also has the right to frame regulations
and issue orders in matters within
his jurisdiction and in conformity
with the decisions of the Council
of Ministers. However, the control
of all such regulations must not
violate the letter or the spirit
of the law.
(2) The government can entrust
any portion of its task to commissions
composed of some Ministers. The
decisions of such commissions
within the rules will be binding
after the endorsement of the President.
(3) The ratifications and the
regulations of the Government
and the decisions of the commissions
mentioned under this article shall
also be brought to the notice
of the Speaker of the Islamic
Consultative Assembly while being
communicated for implementation
so that in the event he finds
them contrary to law, he may send
the same stating the reason for
reconsideration by the Council
of Ministers.
Article
139 [Property Claims]
The settlement
of claims relating to public and
state property or the referral
thereof to arbitration is in every
case dependent on the approval
of the Council of Ministers, and
the Assembly must be informed
of these matters. In cases where
one party to the dispute is a
foreigner, as well as in important
cases that are purely domestic,
the approval of the Assembly must
also be obtained. Law will specify
the important cases intended here.
Article
140 [No Immunity]
Allegations
of common crimes against the President,
his deputies, and the Ministers
will be investigated in common
courts of justice with the knowledge
of the Islamic Consultative Assembly.
Article
141 [Incompatibility]
(1)
The President the deputies to
the President Ministers and Government
employees cannot hold more than
one Government position, and it
is forbidden for them to hold
any kind of additional post in
institutions of which all or a
part of the capital belongs to
the government or public institutions,
to be a member of the Islamic
Consultative Assembly, to practice
the profession of attorney or
legal adviser, or to hold the
post of president managing director,
or membership of the board of
directors of any kind of private
company, with the exception of
cooperative companies affiliated
to the government departments
and institutions.
(2) Teaching positions in universities
and research institutions are
exempted from this rule.