Kingdom of Morocco
Hassan II Academy of Sciences and Technology
Dahir (Royal Decree encating Law n° 1-93-364 issued on Rabii H 19th 1414 H (October 6th 1993), instituting the Hassan II Academy of Sciences and Technology and Dahir 11° 1-00~205 of Safai' 15th, 1421 (May 19th, 2000) modifying and updating the previous Dahir.
Dahir (Royal Decree) enacting Law NO 1-93-364 issued on Rabii II 19th 1414 H (October 69' 1993), instituting the Hassan II Academy of Sciences and Technology
Praise be to God
(The Great Seal of His Majesty King Hassan II)
Let it be known hereby, under the present (decree) may it be enhanced and corroborated, That Our Sherifian Majesty,
- Pursuant to the Constitution, mainly Article 101 thereof;
- After due consideration of the subject at the Cabinet meeting of Rabii II 18m 1414 (October 5ll‘ 1993);
- Given the fact that science is becoming increasingly instrumental in (bringing about) the spiritual as well as the material advancement of mankind;
- Considering that mastering science and technology is a key supplement to back up territorial integrity, with the help of God and in ful fillment of the oath We have taken to this effect before Our revered father, His Majesty King Mohammed V- blessed be his soul;
- Considering that creativity and innovation in science and technology have a significant impact on social and economic development in modern nations;
- Considering that Morocco’s wealth actually lies in its human resources vvhose development is the outcome of the considerable efforts that have been made since independence to provide Our loyal subjects with adequate education and scientific training;
- Considering the need for the university and, more broadly, for scientific and technical research centers, to be in keeping more and more with the nation’s economic and social environment;
- Given the fact that communication and interaction play a key role in upgrading, expanding and disseminating scientific knowledge and technical know-how;
- Considering that Arab-Islamic culture encourages the pursuit of scientific knowledge as much as it values the quest for virtue;
- Considering that Morocco, thanks to its geographical location, is naturally inclined to be a meeting place for all gifted people who are willing to share scientific and technical knowledge, which is regarded as universal heritage;
- Considering that it is necessary for scientific research policies to be reshaped and attuned to human needs, and for their technical applications to be kept within overriding ethical boundaries;
- Considering that creative intellectual pursuits and their manifestations must be acknowledged and upheld by state institutions;
- Aware of the fact that Our loyal subjects, together with all peoples who look forward to using profitably and peacefully the material and intellectual yields derived form science, may greatly benefit from a high institution which seeks to uphold and support the above principles;
- Looking forward to this institution being established under Our patronage and protection, and given the name of “Hassan ll Academy of Science and Technology”;
- Given Our desire for the Academy's membership to be made up of men and women whose talent, enlightenment and wisdom have earned them a prominent standing within the international scientific community;
- Wishing to see them aggregate into a learned society with equal status for all members who shall be elected freely for no other consideration but that of their personal merit, and subject to no condition but that of securing Our own consent;
- Wishing that they be held in the highest esteem and that they enjoy a prominent standing within the State,
- Wishing that they retain throughout the rest of their life the ability to make the fruit of their knowledge and wisdom available to Us at Our request, as well as to Our successors and to Our people;
- Looking forward to seeing them team up, on a parity basis, with their peers who boast different scientific backgrounds, belong to various segments of the international scientific community, and have made a contribution to the advancement of civilization that has earned them the highest repute;
- Given Our desire for these associate members to enjoy the same prerogatives and privileges as those granted to their peers;
- Given Our desire to ensure that the Academy is looked at and turned to as a reference in all scientific and technological matters and in related ethical issues;
- Wishing to ensure that the ultimate goal of the Academy’s work is to foster moral serenity in society and to achieve the material prosperity of the nation as well as its intellectual advancement;
- Looking forward to see this Academy as an appropriate place for pondering on how to provide mankind with enlightenment and guidance in its effort to usher in a new era, help it cope with the dramatic changes underway, and facilitate the accomplishment of God’s designs upon it;
- Praying God that the Hassan H Academy of Science and Technology, being established, may, forever, live up to Our expectations.
Our Majesty has resolved the following :
CHAPTER ONE
Purpose, Membership and Constitution
Article One:
An Academy, called “Hassan II Academy of Science and Technology" and referred to hereinafter as “The Academy” shall be established under Our Majesty’s protection and patronage.
As a financially independent legal entity, the Academy shall be governed by the provisions of the present Dahir and implemented in accordance with the relevant by-laws.
Article 2:
The Academy shall seek to achieve the objectives set forth in the preamble, mainly the following:
· With respect to the promotion and development of scientific and technical research :
- Ensure that scientific and technical research ranks high among the values upheld by the nation;
- Make recommendations to the relevant circles about the ways and means to kindle the scientific spirit within Moroccan society;
- Provide local scientists and researchers with a special forum for debate and interaction;
- Foster high-level communication channels between national scientists and the international scientific elite;
- Work for the dissemination of science by organizing panels and scientific events, publishing relevant material, and opening science libraries;
- Review and evaluate scientific findings and innovations submitted for its consideration;
- Ensure that the scientific and technical research applications are in keeping with moral and ethical prescriptions.
· With respect to national and technical research policy :
- To help develop general, basic guidelines for the development of science and technology;
- To put forward recommendations about priorities and how to achieve the nation’s targets in terms of research;
- To help develop a policy in support of human resources with scientific training. The aim is to attract high-profile scientists and, more importantly, promote an adequate intellectual and material environment so as to provide gifted Moroccan researchers, who are sought or employed by foreign research laboratories and centers, with an efficient incentive to stay in their country;
- To monitor continuously the progress made in the field of technology for the benefit of the nation.
· With respect to assessing and funding scientific and technical research programs :
- To carry out studies, analyses and surveys in connection with research activities;
- To encourage implementation of research programs which have been set in light of the nation’s priorities, determine their relevance and scientific value, and, when necessary, allocate appropriate financial resources;
- To monitor and assess the implementation of research programs sponsored by the Academy, and to take all relevant steps to enhance the resources of existing and projected research laboratories and other facilities.
· With respect to the integration of scienttific and technical research activities in the social and economic environment at the national and international levels :
- To make recommendations to the relevant circles on cooperation practices in the field of scientific and technical research, with a view to participating in regional or international research programs; and to advise on the monitoring of activities carried out by national research institutions involved in these programs;
- To help establish mechanisms for consultation, on a Permanent basis, between the research and technical innovation community and its social and economic counterpart.
Article 3:
The Academy shall have its headquarters in the Capital of the Kingdom; it may, however, convene in any other city of the Kingdom, subject to a decision by its patron, the Monarch. It may exceptionally convene abroad, with the approval of the Monarch.
Article 4:
The Academy shall have a membership of eighty, including forty nationals of the Kingdom, referred to as resident members. The other forty shall be foreign nationals with associate member status.
The Academy shall have an additional membership of 40, holding corresponding member status. They shall be prominent figures selected from the science and business communities.
Corresponding members may be Moroccan or foreign nationals. They shall participate in accordance with the terms and conditions set forth in the Rules of Procedure provided for under Article 38 of the present Dahir.
Resident, associate and corresponding members of the Academy shall sit in one of the scientific colleges provided for under Article I2 hereinafter.
In addition to the resident, associate and corresponding members, the Academy may resort to experts from the national and international scientific community.
CHAPTER II
THE ACADEMY’S GOVERNING BODIES
Article 5:
The Academy’s governing bodies shall be:
- The Permanent Secretary;
- The Chancellor;
- The Director of Sessions;
- The Council of the Academy;
- The Work session Committee (?);
- The Scientific Colleges.
Besides the aforementioned governing bodies, the Academy shall comprise the following:
- The scientific Directorate
- The program Directorate
- The Administration and Finance Directorate.
Article 6:
The Permanent Secretary shall be appointed by His Majesty the King.
Should he consider that he can no longer carry out his duties, the Permanent Secretary may tender his resignation. The latter shall become effective only with His Majesty’s consent.
Article 7:
The Permanent Secretary shall act on behalf of the Academy. He shall carry out and authorize all academy-related acts and deeds, and shall represent the Academy before the State, the public and private agencies, or any other third parties. He shall perform any act of preservation and represent the Academy in court, shall ensure the management of all departments and appoint his staff except for the general accountant.
He shall be the Academy’s paymaster. He shall ensure the minutes of sessions are prepared and kept on record.
He may delegate some of his prerogatives to the Chancellor.
The Permanent Secretary shall be provided with a salary in addition to an academic allowance.
Article 8:
The Chancellor shall be appointed by His Majesty the King.
The Chancellor shall assist the Permanent Secretary in discharging his mission, mainly in what concerns contacts with the associate and corresponding members, and shall act as his deputy in case of absence or impediment.
Apart from his academic allowance, the Chancellor shall be provided with a salary.
Article 9:
The Director of Sessions shall be elected, for one year, among the resident members in accordance with the procedure provided for under Article 22. He shall not be eligible for consecutive terms.
Article 10:
The Council of the Academy shall be made up of the Permanent Secretary, acting as chair, and of the Chancellor and three College Directors who shall be elected for one year renewable only once, by a general assembly made up of the Directors of the Academy’s Scientific Colleges.
The Council of the Academy shall assist the Permanent Secretary in discharging his mission and take such measures as deemed necessary for the furtherance of the mission of the Academy.
It shall prepare the Academy’s budget and its annual accounts.
It shall prepare the personnel statutes and submit them to Our Majesty for approval.
It shall meet at least once every three months.
Article 11:
The Steering Committee shall be made of the Permanent Secretary, acting as chair, and of the Chancellor, the Session Director and four members of the Academy, who shall be elected for two years.
lt shall coordinate the work of the Academy`s members and colleges, select topics to be addressed, call for papers and secure through the Academy’s relevant bodies the dissemination of the Academy`s proceedings.
Article 12:
The Academy shall include the following colleges :
- the college of mathematical sciences;
- the college of physics, chemistry and energy;
- the college of biology and health;
- the college of agronomy, veterinary and nutritional sciences;
- the college of new technologies in the field of information, telecommunication, and space;
- the college of water and environmental sciences;
- the college of civil engineering, town planning and transport;
- the college of advanced strategic studies;
- the college of economics, demography and population studies;
- the college for enhanced innovation, and technological development.
The number and names of the colleges may be modified by a decision of the Permanent Secretary and after due notification of the Council of the Academy.
Article13:
Each college shall be made up of a maximum of twelve (12) Academy members from among the resident, associate and corresponding members.
Each college shall be managed by a director, who shall be elected by his peers for one renewable year, and who shall coordinate and chair college sessions and activities.
Article 14:
The colleges shall have a mandate to assess the relevance and quality of research projects, submitted to them by the Academy. They shall give their opinion on the scientific merit of the projects and determine to what extent they are congruent with the eountry’s priorities.
Article 15:
The Scientific Colleges and the Steering Committee shall operate in accordance with the terms set forth in the Rules of Procedure mentioned in Article 38 hereunder.
CHAPTER III
ACADEMICIANS
Article 16:
A member shall be raised to the dignity of Academician as a life tenure which can be terminated only by death or, exceptionally, in case of resignation or revocation.
Only associate members may hand in their resignation, in case of permanent impediment. The Academy may then decide on the said resignation by a vote. Should the resignation be accepted, the Academy may confer upon the resigning member the title of Honorary Academician, before providing for his replacement.
Article 17:
Since its prestige and reputation depend essentially on the renown and value of its members, the Academy must pay the greatest attention to the election of its new members. Its choice must be based on no other consideration but the respect for the spirit in which its Founder created the Academy, and of the objectives assigned to it.
Article 18:
A seat shall be declared vacant forty days after the death of its incumbent. ln case of an accepted resignation, the vacancy shall be immediately announced. The vacancy of a member stripped of his title by the Academy shall also be announced immediately.
Article 19:
Candidates for resident membership should make themselves known by submitting their application in writing to the Permanent Secretary within four months of the announcement of the vacancy in question. The Council of the Academy shall examine applications and shall draft a report on the basis of which the Academy may refrain from considering applications which clearly look inadequate.
The Permanent Secretary shall convey to His Majesty the King the list of registered contenders, upon its approval by the Academy.
Article 20:
The election of a new member shall be announced to His Majesty the King, to whom the new member shall be introduced by the Permanent Secretary or, in case of impediment, by the Chancellor. The audience granted by His Majesty the King shall be construed as His Majesty’s endorsement of the new member’s election.
Article 21:
The election of associate members shall not be subject to the candidacy registration procedure. It shall be up to the Academy itself to proclaim the name of persons it wishes to take on as associate members. Proposals for approval shall be presented to the Permanent Secretary within six months of the announcement of the vacancy. The Permanent Secretary shall bring this proposal to His Majesty’s attention. Only when His Majesty makes it known that He has no objection to the proposed names shall elections take place.
New associate members shall be introduced to His Majesty the King in accordance with the same procedure provided for under Article 20.
His Majesty the King, the Academy’s Patron, shall, it deemed appropriate, raise a foreign national, renowned in the field of science and technology, to the dignity of associate member. This appointment shall be in addition to the forty associate members specified in Article 4 above.
Article 22:
The vote shall be by secret ballot with the absolute majority of the members present in the session.
The required quorum shall consist of half of the Academy’s resident members, regardless of the number of associate members present in the session.
Failure to reach the quorum shall result in the election being adjourned for a fortnight. Should the quorum not be reached again, the election shall take place on a date fixed by the Permanent Secretary. In this case, the vote shall proceed whatever the number in attendance.
Article 23:
Associate members may be entitled to mail in their vote for the election of academicians sharing with them the same status. They may be allowed this option for other circumstances, provided the Academy takes a vote to this effect, on a case by case basis. This provision shall by no means apply to Resident Members.
Article 24:
Upon his election, the new member shall, in a yearly plenary session, deliver a solemn speech, to eulogize his predecessor and make a general introduction of his own discipline. A welcoming speech shall be given by a member of the Academy, in reply to the member elect.
The texts of the two speeches shall be sent to the Permanent Secretary, at least fifteen days before the formal plenary session convenes, so that they may be reviewed and approved by an ad hoc commission.
Article 25:
Resident as well as Associate Academicians may add the following phrase to their signature: “Member of the Hassan H Academy of Science and Technology". In so doing, Academicians shall not commit the Academy, except in cases where they are instructed by His Majesty to act on behalf of the Academy, or when they are mandated to do so as a result of a vote or by virtue of a decision of the Permanent Secretary.
Usurpation or fraudulous use of the position or title of academician shall be punishable under the provisions of Section VII, Chapter VI of volume II of the penal code.
Article 26:
In dealing with each other, all academicians shall be deemed equal, regardless of other titles or positions they may hold or have held.
Order of precedence among Academicians shall be governed solely by seniority, calculated as the date of election. In case of a tie, seniority by age shall prevail. Members of the Council of the Academy shall take precedence over the other members of the Academy. The order of precedence among members of the Council of the Academy shall be as follows:
- the Permanent Secretary;
- the Chancellor;
- the three Directors of Colleges, who are members of the Council of the Academy, and to whom shall be applied the order of precedence which is in force among Academicians, as mentioned above.
Article 27:
Should an Academician commit such an act or incur such a sentence as may seriously harm the reputation ofthe Academy, the latter may vote him out, after securing the consent of the Monarch, Patron of the Academy.
Article 28:
Given the time and care they are expected to devote to the Academy, resident members shall be entitled to an Academy representation allowance which should enable them to preserve their dignified status and fulfill their duties. Resident as well as associate members shall be entitled to travel and accommodation allowances. Associate members shall get. in addition, an Academy allowance consisting of a lump sump in proportion to actual attendance and input.
Article 29:
The Academy may grant additional allowances and disbursements to such members as may have been assigned special tasks or duties by the Academy, in addition to their no1'mal duties. The amount of such supplementary allowances shall be set by the Council of the Academy.
Articlc 30:
Corresponding members shall be appointed upon proposals by the Scientific Colleges.
These proposals shall be submitted for consideration by the Council of the Academy.
Those proposals endorsed by the Council of the Academy shall be submitted to His Majesty the King for approval.
Article 31:
Corresponding members may attend the meetings of the Academy and take part in all discussions, but they may not vote.
Article 32:
Corresponding members may hold the title of Corresponding Member of Hassan ll Academy of Science and Technology”; they should be bound by all the rules and moral obligations applicable to the members of the Academy.
Corresponding members may be stripped of their title by virtue of a decision taken by His Majesty the King, upon recommendation by the Permanent Secretary.
Article 33:
Corresponding members shall be provided with allowances to cover travel and accommodation expenses. _
CHAPTER IV
THE FUNCT IONIN G OF THE ACADEMY
Article 34:
The Academy shall convene once a year in an official plenary session to which members of the public may be invited. The aim of this session is to gather as many resident, associate and corresponding members as possible, and to serve as a scientific forum for researchers wishing to present their work. For presentations to be accepted, they should, first, be submitted to the relevant colleges for assessment purposes, then, be referred to the steering committee for consideration and possible inclusion in the agenda. During this session, the Academy shall also address a general scientific topic.
During this session, a report shall be presented on the Academy`s proceedings and activities during the previous year.
Article 35:
Apart from the session provided for in Article 34 above, there shall be regular bi-monthly sessions Where resident and national corresponding members get together to work out a definition of the country’s priorities in terms of scientific studies. They shall also discuss experts’ reports submitted by the scientific colleges in connection with research projects submitted to them for appraisal and assessment purposes. The Academy may seek external help to undertake such evaluation.
Regular meetings shall be held in-camera, except for the Academy’s staff, if necessary.
Article 36:
The Academy’s working languages shall be Arabic, French, English and Spanish, at least.
Article 37:
The Academy shall be represented by the Permanent Secretary and by the Chancellor in all ceremonies attended by senior State officials. His Majesty the King shall, when deemed fit, entrust one or several academicians with a mission of representation outside Morocco.
Save for this case, the Academy may be invited to send one or several representatives from among its members to ceremonies, celebrations, commemorations, symposia, meetings, Colloquia, working groups, national or international conferences. On each occasion, the Academy shall make a decision on whether or not to accept the invitation. ln case of acceptance, it shall appoint its delegate or delegates, in light of the profile of its members.
Before announcing its acceptance to participate in an event abroad, the Academy shall refer the matter to His Majesty the King, the Patron of the Academy.
Article 38:
The Academy shall set forth its own by-laws that shall be submitted, through the Permanent Secretary, to His Majesty's consideration. Any addition or amendment to the by-laws which is deemed useful shall be introduced in accordance with the above procedure.
Article 39:
Apart from the staff it may hire, the Academy may, for its technical and administrative services , resort to seconded some staff that shall be placed on secondment in compliance with Article 48, paragraph 1 of Dahir n° 1-58-008 issued on Chaabane 4th 1377 H (February 24m 1958) enacting Civil Service laws and by-laws. Conditions for the management and remuneration of this category of staff are those provided for in the Academy’s Personnel statutes.
Article 40:
Apart from the provisions of the present Dahir, the Academy’s functioning shall be governed by the by-laws.
CHAPTER V
FINANCIAL ASPECTS
Article 41:
The Academy’s budget shall be drawn up on an annual basis. It shall project, assess, and authorize the institution’s income and expenditures.
lt shall be prepared by the Permanent Secretary, endorsed by the Council of the Academy, and approved by the Minister' of Finance.
Article 42:
The Academy’s budget shall comprise the following:
Incomes:
- Incomes proceeding from movables and immovable property which make up the institution’s assets;
- Proceeds generated by its activities;
- Subsidies granted to the Academy;
- Sundry and occasional receipts;
- Donations and bequests;
- Parafiscal taxes that might be allocated to the Academy under the regulations in force;
Expenditures:
- Operating costs;
- Investment spending and capital expenditures;
- Expenditures related to scientific and technical research projects, especially those concerning the creation or development of scientific research laboratories or centers;
- Scientific and academic expenditures.
Article 43:
The Academy’s revenue and expenditure-related operations shall be carried out by a general accountant appointed by the Minister of Finance upon the Permanent Secretary’s recommendation.
The general accountant shall keep the Academy’s “value based” accounts and “store” accounts under the conditions prescribed by the Council of the Academy and recorded in the accounting and financial regulations. When the general accountant has to resort to a compulsory recovery procedure, he may implement the provisions of the Dahir issued on Joumada I 20th 1354 H (August 21th 1935) on collection of debts owed to the State.
The Academy’s financial transactions shall be governed by the public accountancy regulations provided for by the Royal decree n° 330-66 issued on Moharram 10, 1387 (April 21st 1967) - chapter One-except for the provisions enacted by Article 18, 45 (paragraph 3), 54, 55, 61, 62 and 63.
Article 44:
The Academy shall not be subject to the provisions of Dahir no 1-59-271 of Chaoual 1379 (April 14m 1960) governing the State’s financial control over State-owned corporations, statutory companies and privately managed para-statals, in addition to companies and organizations benefiting from the State’s or the local authorities’ financial support. Moreover, it shall not be governed by the provisions of decree no 2-76-479 issued on Chaoual 19m 1396 (October 14th 1976) relating to public procurement, supply or service contracts made for the State.
The Academy’s management policy shall be examined at the end of the fiscal year by auditors appointed by His Majesty the King.
The said auditors shall examine the conditions of the implementation of the budget, the book figures of the year under review and shall issue any remark, observation or opinion it shall deem useful.
They shall refer a report on their mission to His Majesty the King, the Academy’s Patron.
Article 45:
Office premises which are necessary for the operation of the Academy shall be dedicated, free of charge, by the state or public entities which own the aforementioned real estate.
CHAPTER VI
TRANSITIONAL PROVISIONS
Article 46:
A commission made up of five persons, appointed by His Majesty the King, and acting as a founding commission, shall draw up a list ofthe first twenty resident academicians, and shall submit it to His Majesty for approval.
This commission, along with three additional members, equally appointed by His Majesty the King, shall draw up a list of twenty associate members and twenty corresponding members and shall submit it to secure the same approval. The members of this commission shall be on the list ex-officio.
The founding commission shall set the provisional by-laws of the Academy. Its tenure shall end when the Academy holds its first session.
The Academy shall hold forthwith, and in accordance with the stipulated procedure, a vote to fill the remaining vacant seats of resident, associate, and corresponding members.
Article 47:
The present Dahir shall be published in the Official Bulletin.
Issued in Rabat 011 Rabii II, 1414 H (October 1993)
Countersignature:
The Prime Minister
Mohammed Karim-Lamrani
Dahir N° 1-00-205 of Safar 15th ,1421 (May 19th, 2000) promulgating the Act n° 11-00, updating the Dahir establishing Act N° 1-93-364 of Rabii II 19111, 1414 (October 6111 1993) on the setting up of the Hassan II Academy of Sciences and Technology.
PRAISE BE TO GOD
(The Great Seal of His Majesty King Mohammed V I)
Let it be known hereby, under the present (decree) may it be enhanced and corroborated,
That Our Sherifian Majesty,
Pursuant to the Constitution, mainly Articles 26 and 58 thereof,
HAS RESOLVED THE FOLLOWING :
Is promulgated and will be published in the Official Gazette, following the present dahir, the Act n° ll-OO, updating the Dahir establishing Act N°. 1-93-364 of 19111 Rabii ll, 1414 (6111 October 1993) on the setting up of the Hassan II Academy of Science and Technology, adopted by the Parlement.
Issued in Rabat on Safar 15th 142] (May 19th, 2000)
Contresignature :
The Prime Minister
ABDERRAHMAN YOUSSOUFI
Act n° 11-00, updating the Dahir establishing Act n° 1-93-364 of 19 Rabii II, 1414 (6 October 1993) ) on the setting up of the Hassan II Academy of Sciences and Technology
Article 1
Provisions of Article 4 (sub-para. 1 and 2), and of Article 13 (sub- par.1), in the Dahir establishing Act n°. 1-93-364 of 19 Rabii II, 1414 (6 October 1993) on the setting up of the Hassan ll Academy of Science and Technology, shall be amended as follows:
Article 4 (sub-para. 1): The Academy shall have a membership of 60. Thirty of such members shall be citizens ofthe Kingdom of Morocco. They shall be referred to as “resident members”. The other thirty shall be foreign nationals with “associate member” status.
Article 4 (sub-para. 2); The Academy shall also include thirty corresponding members, to be selected among prominent scientists and representatives of various sections of the business community.
Article 13 (sub-para. 1): Each college shall have a maximum membership of 9, selected from among resident, associate and corresponding members.
Article 2
Article 30: The Dahir whereby Act 1-93-364 was issued, shall be completed as follows:
Article 30 (sub-para. 4): Corresponding members shall serve a 4-year term of office, renewable once.
The Arabic language version was issued as part of the general edition of the Official Gazette N° 4798, dated 21 Safar 1421 (25 May 2000).
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