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Following perusal of the constitution,
The law for real estate registration issued by decree No. 5 for the
year, 1959, The Princely decree No. 12 for the year 1960, for the law
regarding the organization of the legal counsel and legislation,
Law No. 16 for the year 1960, issuing the penal code and laws amending
it,
Law No 17 for the year 1960 for the issuance of penal procedures and
trial law and laws amending it,
Law No. 35 for the year 1962 regarding the election of the Parliament’s
members and laws amending it,
Law No. 33 for the year 1964, regarding expropriation and temporary
seizure for public interest and laws amending it,
Law No. 15 for the year 1972, regarding the Kuwaiti municipality and
laws amending it,
Law No. 14 for the year 1973, regarding the establishment of the
constitutional court,
The decree for law No. 31 for the year 1987, regarding the rules for the
preparation of the general budgets, the control on its execution and the
final account statement,
The decree for law No. 40 for the year 1979, regarding the organization
of the organizational parts,
The decree for law No. 1 5 for the year 1 979, regarding the civil
service order, The decree for law No. 105 for the year 1980, regarding
the state’s properties’ order and the laws amending it,
The decree for law No. 20 for the year 1981, regarding the establishment
of a circuit to view administrative conflicts in the high summary court
and laws amending it.
The decree for law No. 116, for the year 1992, regarding the
administrative organization, deciding competencies and their delegation,
Law No. 33 for the year 2000 regarding ownership allegations of real
estates owned by the state,
Law No. 39 for the year 2002 regarding some regulations pertaining to
the protection of the state’s real estate ownership amended by law No.
71 for the year 2003,
The decree for law No. 83 for the year 2003, regarding the postponement
of the Municipal Council’s elections,
The decree for law No. 55 for the year 2004, to extend the postponement
period of the municipal council’s election,
And the decree for the issuance of the Constitutional court’s
regulations issued on May 6, for the year 11974, and decree No. 104 for
the year 2000, regarding the administrative division of Kuwait into
governorates.
The parliament agreed on the law whose text is as follows, which we
authenticated and issued:
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| Article no. 1 |
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The Kuwaiti municipality is an independent organization
with a juristic personality whose location is the city of Kuwait.
It shall be defined by a decree from the minister who supervises the
municipality’s affairs. |
| Article no. 2 |
The municipality shall work in general towards the progress of
urbanization, the bringing into view the Islamic Arab-Kuwaiti features,
the safeguarding of the architectural heritage and its presentation in a
renovated form, and the provision of the municipality services to the
population.
It shall specially undertake the endorsement of structural plans, lands’
surveys, organization of cities, villages and, suburbs, regions and
islands and their beautification. It shall also undertake the
safeguarding of the public health through the assurance of the
foodstuffs safety, the safekeeping of public comfort, of cleanliness, of
the environment’s safety and its protection.
Taking into consideration the regulations of both the above-mentioned
laws Nos. 33 for the year 2000 and 39 for the year 2002, the
municipality shall undertake the works stipulated in Article 3 of the
real estate laws which, are regarding the inspection of real estates,
their surveys, their delimitation, the undertaking of their drawings,
and the computation of their spaces. This is provided that these real
estates’ boundaries shall not exceed those which are stipulated in their
official deeds, and their plans shall not be altered except with the
approval of related persons or upon final judicial rules except the
public lands as they are state-owned lands. |
| Article no. 3 |
The municipality council shall be constituted of:
- Ten elected members according to the regulations of the law
regarding the election of the parliamrnt's members. This is provided
that that a member is elected from every circuit of the ten circuits
elaborated in the lists attached to this law.
- Six members who are appointed by a decree.
It shall be conditioned in all the elected members and those appointed
the necessary conditions for the parliament’s membership. The appointed
members shall have the membership rights similarly as the elected
members.
The municipality council shall elect from among its members and for a
period similar to its, a president and a deputy-president for the
council. |
| Article no. 4 |
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The council shall form from amongst its members and for a period likewise
its period a sub-committee for every governorate. The council shall
define the method of its formation and its competencies. It shall not be
permissible that a member participates in more than two committees. |
| Article no. 5 |
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The duration period of the council shall be four years, as from the date
of the convention of its first session. This is provided that the
special decree regarding the appointed members shall be issued within
fifteen days as from the date of the election’s result’s declaration.
The municipality council shall be invited for convention within fifteen
days from the date of the issuance of the appointed members’ decree. It
shall be permissible to re-elect the member in all cases. As for the
member’s appointment, it shall not exceed two consecutive periods. In
all cases the renewal shall be undertaken within the sixty days prior to
the end of the council’s period. |
| Article no. 6 |
The council’s member shall take the following oath in a public session
prior to undertaking his works:
“I swear by almighty God that I shall respect the constitution, the
state’s laws, that I shall defend the people’s interests and their
monies, and I shall execute my works with honesty and truth” |
| Article no. 7 |
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The decided special regulations for the cases of non-combination regarding
the parliament’s member shall govern the member of the municipality’s
council. |
Article no. 8 |
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The resignation from the municipality council’s membership shall be
submitted to the president of the council to be brought before the
council on its first session. It shall be considered final as from the
time the council decides to accept it. The resignation of the council’s
president and his deputy shall be submitted to the council, lithe
resignation is not decided within one month from the date of its
submission, it shall be considered accepted according to the law as from
the day following then end of this period. In all cases the council
shall declare the vacancy of his seat. The member can recall his
resignation before the issuance of the council’s decision regarding its
acceptance or prior to being considered final according to cases. |
| Article no. 9 |
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In case a member’s seat is vacant, this seat shall be occupied according
to the decided method for its occupancy. Elections or appointment must
be undertaken, according to cases within thirty days as from the date of
declaring this vacancy and the new member shall complete the period of
his predecessor. The vacant seats shall not be occupied if the remaining
period does not exceed six months except lithe vacant seats are more
than five seats. |
| Article no. 10 |
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The remuneration of the council’s president, the deputy president and the
members shall be by a decree. |
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Continue Part One - The Municipality Council |
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| ÈáÏíÉ ÇáßæíÊ - ÇáãÌáÓ ÇáÈáÏí - ÌãíÚ
ÍÞæÞ ÇáØÈÚ æÇáäÔÑ ãÍÝæÙÉ © 2007 |
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