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Law of Provinces - Saudi Arabia


 

 

Law of Provinces

Royal Order No. (A/92)

27 Sha’b?n 1412H / 1 March 1992

Published in Umm al-Qura Gazette, No. 3397

2 Ramadan 1412H / 5 March 1992

 

Article 1:

The aim of this Law is to improve the standard of the administrative work and development in the provinces of the Kingdom. It also aims at maintaining security and order, and guaranteeing citizens’ rights and freedom within the framework of the Islamic Shari’ah.

 

Article 2:

The provinces of the Kingdom and the seat of governorship of each province shall be formed by a Royal Order upon the recommendation of the Minister of Interior.

 

Article 3:

Administratively, each province shall consist of a number of “class A” and “class B” counties and of “class A” and “class B” districts, with due consideration to the factors of demography, geography, security, environmental conditions and communication routes. The counties shall be under the authority of the Governor of the province and they shall be formed by Royal Order upon the recommendation of the Minister of Interior.

The establishment and affiliation of districts shall be determined by a decision of the Minister of Interior upon the recommendation of the Governor of the province.

 

Article 4:

Each province shall have a governor with the rank of minister. He shall also have a Vice Governor with the “distinguished grade” who shall assist him with his duties and act for him during his absence. The appointment and dismissal of the Governor and the Vice Governor shall be by Royal Order upon the recommendation of the Minister of Interior.

 

Article 5:

The Governor of the province shall be accountable to the Minister of Interior.

 

Article 6:

The Governor and the Vice Governor, prior to assuming their duties, shall take the following oath before the King:

“I swear to God Almighty to be loyal to my religion, then to my King and my Country. I swear not to reveal any of the State’s secrets, to protect its interests and laws, to perform my duties with honesty, integrity, sincerity and justice.”

 

Article 7:

The Governor of each province shall assume the administration of the province according to the general policy of the State and in accordance with the provisions of this law as well as other laws and regulations. In particular, he has to:

(a) Maintain security, order, and stability, and take necessary measures in accordance with this Law and other laws and regulations;

(b) Implement court judgments upon becoming final;

(c) Guarantee rights and freedom of individuals, refrain from any action affecting such rights and freedom except within the limits provided by the Shari’ah and the Law;

(d) Work for the social, economic, and developmental improvement of the province;

(e) Work for the development and improvement of public services in the province;

(f) Administer counties and districts, and monitor the work of the heads of counties, chiefs of districts, and ascertain their efficiency in performing their duties;

(g) Protect and prevent infringement on State property and assets;

(h) Supervise governmental agencies and their employees in the province to ensure proper performance of their duties with integrity taking into consideration their affiliation with various ministries and agencies;

(i) Have direct contact with ministers and heads of agencies and discuss with them affairs of the province with the aim of improving the performance of agencies affiliated with them. A notice to this effect shall be submitted to the Minister of Interior.

(j) Submit annual reports to the Minister of Interior on the efficiency of public services and other affairs of the province as defined by the implementing regulations of this Law.

 

Article 8:

An annual meeting, attended by governors of the provinces and presided over by the Minister of Interior, shall be held to discuss the affairs of the provinces. A report to this effect shall be brought before the President of the Council of Ministers by the Minister of Interior.

 

Article 9:

A minimum of two meetings shall be held every year for heads of counties to discuss affairs of the province. The meeting shall be presided over by the Governor, who shall submit a report thereon to the Minister of Interior.

 

Article 10:

(a) Upon the recommendation of the Minister of Interior, one deputy or more with a grade of not less than grade fourteen shall be appointed for every province pursuant to a decision by the Council of Ministers.

(b) Every “Class A” county shall have a head with a grade of not less than grade fourteen. Upon the recommendation of the Minister of Interior, he shall be appointed by an order issued by the President of the Council of Ministers. The county shall have a deputy with a grade of not less than grade twelve. He shall be appointed by a decision of the Minister of Interior upon the recommendation of the Governor of the province.

(c) Every “Class B” county shall have a head with a grade of not less than grade twelve. He shall be appointed by a decision of the Minister of Interior upon the recommendation of the Governor of the province.

(d) Every “Class A” district shall have a chief with a grade of not less than grade eight. He shall be appointed by a decision of the Minister of Interior upon the recommendation of the Governor of the province.

(e) Every “Class B” district shall have a chief with a grade of not less than grade five. He shall be appointed by a decision of the Governor of the province.

 

Article 11:

Governors of provinces, heads of counties and chiefs of districts shall reside in the areas of their assignments. They shall not be allowed to leave their work domain without permission from their respective immediate superiors.

 

Article 12:

The heads of counties and chiefs of districts shall assume their duties within the administrative limits assigned to their areas and within the powers granted to them.

 

Article 13:

Heads of counties shall administer their counties within the jurisdiction as provided for in Article 7, excluding paragraphs (f), (i) and (j). They shall monitor the work of chiefs of districts affiliated to them, and ascertain their efficiency in the performance of their duties. They shall provide the Governor of the province with periodic reports about the efficiency of public services and other affairs of the county, as defined by the implementing regulations of this Law.

 

Article 14:

Each ministry or governmental agency, with services in the province, shall appoint for its agencies in the province a head with a grade of not less than grade twelve. He shall be directly affiliated with the central agency, and coordinate his work with the Governor of the province.

 

Article 15:

For each province a council called the Council of the Province shall be established, and its seat shall be the seat of the governorship of the province.

 

Article 16:

The Council of the Province shall be composed of:

(a) The Governor of the province as Chairman of the Council;

(b) The Vice Governor of the province as Vice Chairman of the Council;

(c) The Deputy of the Governor;

(d) Heads of governmental agencies in the province as specified by a resolution issued by the President of the Council of Ministers upon the recommendation of the Minister of Interior;

(e) A minimum number of ten citizens known for their knowledge, expertise and specialization to be appointed by an order issued by the President of the Council of Ministers upon nomination by the Governor of the province and the approval of the Minister of Interior. Their terms of membership shall be four renewable years.

 

Article 17:

It is stipulated that each member of the Council shall be:

(a) A Saudi national by descent and upbringing;

(b) A person well known for uprightness and competence;

(c) Not less than 30 years of age;

(d) A resident of the province.

 

Article 18:

A member shall be entitled to submit in writing proposals to the Chairman of the Council of the Province on matters within the council’s jurisdiction. Each proposal shall be listed by the Chairman on the Council’s agenda for review and consideration.

 

Article 19:

A member of the Council of the Province shall not attend deliberations of the Council or its committees if the subject of deliberations involves a personal interest to him, or to a person for whom the member’s testimony is inadmissible, or if he is a guardian, trustee or representative of a person with interest in the subject.

 

Article 20:

If an appointed member wishes to resign, he shall submit a request to the Minister of Interior through the Governor of the province. His resignation shall not be considered valid until it is approved by the President of the Council of Ministers upon recommendation of the Minister of Interior.

 

Article 21:

In cases other than those stipulated in this Law, an appointed member may not be dismissed during the term of his membership except by an order issued by the President of the Council of Ministers upon recommendation by the Minister of Interior.

 

Article 22:

When a position of any appointed member becomes vacant for any reason, a successor shall be appointed within three months of the beginning of vacancy. The term of the new member shall be equal to the remaining period of his replacement’s term in accordance with Article 16, Paragraph (e) of this Law.

 

Article 23:

The Council of the Province shall have the jurisdiction over all that may raise the standard of services in the province, particularly:

(a) determining the needs of the province and proposing the provision of appropriations therefor in the State’s Development Plan;

(b) determining useful projects in their order of priority, and proposing their inclusion in the annual State Budget;

(c) reviewing organizational plans for cities and villages of the province, and following up their implementation after endorsement;

(d) following up and coordinating the implementation of all allocations to the province from the Development Plan and the Budget.

 

Article 24:

The Council of the Province shall propose any action for the public interest of the citizens of the province, and encourage them to participate in that action and bring the proposal before the Minister of Interior.

 

Article 25:

The Council of the Province may not consider any matter outside its jurisdiction as provided for by this Law. In case the Council exceeds, its jurisdiction its decisions shall be null and void. The Minister of the Interior shall issue a decision to this effect.

 

Article 26:

The Council of the Province shall convene every three months in ordinary sessions upon an invitation by its Chairman. If he deems it necessary, the Chairman may call the Council for an extraordinary meeting. The session shall include one or more meetings which are held upon a single summons. The Session may not be adjourned until all issues on the agenda are reviewed and discussed.

 

Article 27:

Those members who are mentioned in Article 16, Paragraphs (c) and (d) of this Law must attend meetings of the Council of the Province as an official duty. They should attend in person or designate substitutes for them when they are absent from work. For members mentioned in Paragraph (e) of the said Article, inexcusable absence at two successive sessions shall be grounds for his dismissal from the Council. In this case, he shall not be re-appointed before two years have elapsed effective from the date of the dismissal decision.

 

Article 28:

Meetings of the Council of the Province shall not be valid unless at least two thirds of its members are present. Its resolutions shall be adopted by an absolute majority of votes of the Council’s members. In case of a tie vote, the Chairman shall cast the deciding vote.

 

Article 29:

The Council of the Province, if needed, may form ad hoc committees to study any matter within its jurisdiction. It may seek the assistance of experts and specialists. It may also invite whomever it chooses to attend the Council’s meetings and participate in discussion without having the right to vote.

 

Article 30:

The Minister of Interior may invite the Council to convene under his chairmanship anywhere he deems suitable. He shall chair any meeting he attends.

 

Article 31:

The Council of the Province may not convene without an invitation from its Chairman or the Vice Chairman, or without an order issued by the Minister of Interior.

 

Article 32:

The Chairman of the Council shall bring a copy of the resolutions before the Minister of Interior.

 

Article 33:

The Chairman of the Council of the Province shall inform ministries and governmental agencies of the Council’s resolution concerning them.

 

Article 34:

Ministries and governmental agencies shall take into consideration resolutions passed by the Council of the Province in accordance with Article 23, Paragraphs (a) and (b) of this Law. If a ministry or a governmental agency decides not to accept a resolution of the Council of the Province, it shall explain the reasons to the Council of the Province. If the Council of the Province is not convinced of the reasons given by the ministry or agency, it shall refer the matter to the Minister of Interior to bring it before the President of the Council of Ministers.

 

Article 35:

Each ministry or agency that provides services in the province shall inform the Council of the Province of projects allocated for the province in the Budget immediately after its announcement. It shall also inform the council of what has been decided for the province in the Development Plan.

 

Article 36:

Each minister or head of an agency may seek the opinion of the Council of the Province on any matter pertaining to his jurisdiction in the province. The council shall provide its opinion in this regard.

 

Article 37:

The President of the Council of Ministers, upon recommendation of the Minister of Interior, shall set the remuneration of the Chairman of the Council of the Province and its members, taking into account the costs of transportation and accommodation.

 

Article 38:

The Council of the Province may be dissolved only by an order of the President of the Council of Ministers upon a recommendation by the Minister of Interior. New members shall be appointed within three months from the date of dissolution. During this period, members mentioned in Article 16, Paragraphs (c) and (d) of this Law, shall perform the duties of the Council under the Chairmanship of the Governor of the province.

 

Article 39:

The Council of the Province shall have a secretariat at the governorship of the province to prepare its agenda, send timely invitations, record discussions carried out during the meetings, count votes, prepare the minutes of meetings, draft decisions, and perform necessary work for the recording of the Council’s meetings and decisions.

 

Article 40:

The Minister of Interior shall issue the necessary regulations to implement this Law.

 

Article 41:

This Law may not be amended except by the same way of its promulgation

 

 

 



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