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Article no. 11 |
The membership shall
be dropped from a member by a decision from the municipality council if
one of the membership’s conditions is not existent. This is whether he
lost it precedent to the election or his appointment or after them.
The membership shall also be dropped by a decision of the municipality
council with the majority of two thirds of the members consisting it-
except the member whose state is brought before it. This is if the
member undertakes himself or through a medium a work, or a contractual
work or, a bid or, he procures for the municipality’s account or enters
with it in a sale, a lease or a barter unless this is in application to
the method of expropriation, and the temporary seizure for the public’s
interest. Also if he participates during the council or its committees’
session in the deliberations or, in a decision in which, he has an
interest whether for himself personally or, in his capacity as the
guardian, the custodian, or the agent or, on behalf of those with whom
he has a matrimonial bond, or kinship or relationship by marriage till
the third degree. The decision entailed on this deliberation shall be
void. |
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Article no. 12 |
The municipality
council shall have the competency of the following issues within the
general plan of the state and the authenticated budget:
- To control the execution of the laws and regulations pertaining to
the Municipality affairs according to the regulations of this law.
- To decide project and their location urbanely to beautify cities,
villages, suburbs, regions, islands, roads, streets and squares and to
expand them. Also to take care of drainage, gardens, and tree planting
and to set forth the special methods for the advertisement boards and
posters.
- To decide the public interest according to the situations, which are
decided by the regulations of the aforementioned, law No.33 for the year
1964.
- To decide the construction of cities, villages suburbs, regions,
islands, road, streets, squares, markets, slaughterhouses and
cemeteries.
- To name cities, villages suburbs, regions, islands, roads, streets,
and squares. It shall not be permissible to name cities suburbs and
regions alter persons except after those who held the reign of the
Emirate or ruled of’ the Kuwaiti’s rulers.
- To express in advance the opinion regarding every commitment or
monopoly whose subject is the exploitation of’ a public utility within
the limits of the municipality’s competency.
- To discuss the budget’s project of’ the new financial year and the
project of the fins statement account for the ended financial year.
- To view the suggestion which are submitted by the government or the
citizens or the members of the municipality’s council regarding an
affair of the municipality’s affairs and. to issue its recommendations
in these suggestions.
- To set forth the special regulations for the organization of the
municipality’s council.
- To decide the regulations and methods pertaining to the
municipality’s affairs and services.
- To express the opinion in the state’s general structural plan
project in order to issue it through a decree.
- To decide the plans of the regions, to modernize and organize all
the commercial and industrial residential areas and other in conformity
with the general structural plan.
- To decide the organization and distribution of the organizational
parts, and join and cut off pockets and surpluses entailed by the
organization. To endorse the projects of dividing and portioning the
lands which are prepared for construction according to the situation,
the procedures and credit decided by the municipality council.
- To impose charges against the municipality services or the
utilization of the municipality utilities or amending or annulling them.
- To suggest the special methods of construction and categorization
that is in accordance with the general structural plan of the state in
order to issue them by a decree.
- To decide the special methods especially for building and
engineering offices permits.
- To endorse the acceptance of unconditional donations for the
municipality’s activities.
The bringing forth of all the projects which, are to be established on
the state- owned real estates shall be according to the method of
building, operating and transferring ownership to the state, or
according to the method of building, owning, operating and transferring
ownership to the state, or according to any other likewise method of the
private sector, according to the regulations of the above-mentioned
decree for law No. 105 for the year 1980 and the laws organizing this.
The municipality council shall issue its decisions in the matters
brought before it after being studied by the executive authority. |
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Article no. 13 |
The municipality
council, in order to endorse the organizational plans according to the
regulations of this law, or to face the future appropriations’
requirements, shall have the right to stop construction completely in
some areas or to impose limitations on it for the period that shall be
decided by the special decree issued by it.
The violation of the aforementioned decisions in the previous paragraph
shall entail the non-consideration of these buildings’ value when taking
possession of the land on which they are built. This shall be without
prejudice to the penalties stated in article 34 of this law. |
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Article no. 14 |
| The minister
concerned with the supervision of the municipality affairs shall be
notified with the decisions, recommendations and suggestions of the
municipality council to authenticate them He shall have the right to
object to them within fifteen days as from the date of receiving his
notification in writing. The decisions of the municipality council shall
be considered in force after the elapsement of fifteen days as from the
date of notifying the concerned minister in writing, it he does not
authenticate them or object to them In case of the objection of the
concerned minister on the municipality council’s decision the council is
notified by this in writing within fifteen days. If the council holds to
its decision with the majority of the members who form the council, the
minister brings the matter before the cabinet. The decision of the
municipality council shall not be enforced except with the approval of
the cabinet. |
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Article no. 15 |
The Municipality
council shall hold an ordinary meeting once every two weeks at least in
the place prepared for it at the invitation of its president. The
council shall proceed with its sessions till it finalizes viewing all
the issues stipulated in its agenda.
It shall be permissible for the president to invite the council to an
extraordinary meeting whenever he considers it necessary. He shall have
to invite it if the minister concerned with the municipality affairs
requests it from him, or at least the quarter of its members. The
council shall continue its extraordinary meeting till it finalizes its
agenda.
The council shall only view the issues for which it was called in its
extraordinary meeting. |
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Article no. 16 |
| The invitation for
the council’s convention shall be in writing to all members three days
at least prior to the meeting’s date. It shall be permissible to shorten
this period in case of urgency and the agenda will be attached to the
invitation. |
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Article no. 17 |
The council shall
have a secretary-general who shall be nominated by the president of the
council and shall be appointed by a decree. He shall have the
competencies of the undersecretary of state as regards the secretariat-
general employees. He shall undertake the supervision of the council’s
agenda’s preparation, the drafting of its minutes of meeting and shall
bring these before the council’s president for his endorsement.
The secretary general shall have one assistant or more who shall assist
him in undertaking his works and shall be on the grade of assistant
undersecretary of state. |
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Article no. 18 |
The president of the
municipality council shall head the session. In case of his absence the
deputy president shall substitute him in presiding the session. If both
of them are absent the presidency of the session shall be held by the
oldest-age member.
The sessions shall be held in public, but it shall be permissible to
hold it behind closed doors upon the request of the president or the
third of the attending members. In this case the council shall decide
during the session in private if the deliberation of the issue shall
continue in a session behind closed doors or in public. |
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Article no. 19 |
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The council shall have the right to consider as
resigned, every member that abstains from attending three consecutive
sessions or six separated sessions without an acceptable excuse.
A decision shall be issued for this by the council after hearing the
member’s statement or the establishment of his absence from the session
that was decided to hear his statement during it. It shall not be
permissible to hold this session prior to the elapsement of fifteen days
as from the date of inviting the member to it. |
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Article no. 20 |
The representation of
the municipality in the municipality council’s meeting shall be for the
general manager of the municipality or whom he shall delegate of the
executive authority. He shall have the right to accompany with him by
whom he considers of experts or concerned person.
The president of the session shall have the right to request, through
the concerned minister, if the matter necessitates it, to assign those
he considers of concerned persons or experts to attend the council’s
meetings. This is to discuss with them the issues brought before him but
they will not have a casting voice in the deliberation. |
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Article no. 21 |
It shall be
permissible for the council to form committees from among its member to
study one issue or more of the issues that are brought before it, and
the sessions of the committees shall be in private.
The committees shall have the right to call, through the council’s
president, by a letter addressed to the concerned minister, the
attendance of whom it considers of the concerned municipality’s
employees to provide the necessary information or to express their
opinions. It shall also have the right to seek the assistance of those
it shall consider of concerned persons, but none other than the
council’s members shall have the right to participate in the voting.
It shall be entered in the committees’ minutes of meetings all the
deliberations which took place. |
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Article no. 22 |
| The council’s
convention shall be valid with the attendance of the majority of its
members. The resolutions shall be issued with the absolute majority of
the attendees unless otherwise is stipulated by the law, and on equal
voting the side on which is the president shall preponderate. |
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Article no. 23 |
The constitutional
court shall be the competent to view all submitted election contentions
regarding the municipality council’s election. Every elector shall have
the right to require the annulment of the election, which was held in
his electoral circuit. Every candidate shall have the right for this in
the circuit in which he was nominated, He shall submit the application
to the constitutional court within fifteen days from the declaration of
the election results otherwise it shall not be accepted.
The court shall view these contests according to the decided procedures
in viewing the submitted contests for the parliament’s election.
It shall be permissible for the member whose ejection is contested to
attend the municipality’s council’s sessions, and to participate in its
works till a rule is issued in the contest regarding him. The ruling to
annul the election shall not have a retroactive effect. |
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Part Two
- The Executive Authority
Of The Municipality |
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| ÈáÏíÉ ÇáßæíÊ - ÇáãÌáÓ ÇáÈáÏí - ÌãíÚ
ÍÞæÞ ÇáØÈÚ æÇáäÔÑ ãÍÝæÙÉ © 2007 |
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