| Article
no. 24 |
The municipality
shall have an executive authority presided by the municipalitys general
manager who is assisted by a number of assistants who shall be appointed
by a decree upon the nomination of the concerned minister.
The municipalitys general manager shall be responsible for the
execution of the municipality councils decisions. He shall represent
the municipality before judiciary, in official meetings and its contacts
with others.
The municipalitys general manager shall submit to the municipality
council within the first three months of every new financial year a
report regarding the municipality works during the previous year.
The internal regulations shall decide the competencies of each of the
municipalitys general manager and his assistants. |
|
Article no. 25 |
| The concerned
minister shall issue the special regulations regarding the systems
pertaining to the municipality affairs that are decided by the
municipality council. He shall also issue the internal regulations for
the work system in the municipalitys executive authority including in
them the authoritys units of, which is constituted the executive
organization and the competency of each of them. |
|
Article no. 26 |
The concerned
minister shall issue, within the laws limits, and following the
endorsement of the municipality council, the regulations and special
systems of the following issues:
- The public stores, that are a disturbance to peace and harmful to
health.
- The sale of foodstuff, their storage, and the special stores for
sale and storage.The advertisement in public places.
- The peddlers
- The cleanliness and the occupancy of public roads, squares and
pavements.
- The cultivation of the public yards adjacent to the private
residential houses.
- The slaughterhouses, the markets and the cemeteries.
- The special rules of construction.
- The special rules of ownership rights, the usufruct and the easement
by drilling, wells, fisheries and fishing grounds, inundation pools,
lands, torrential streams, the private roads appropriated from real
estates and lands due to categorization or any kind of actions whether
these roads .we penetrative or not in a way that is not In conflict with
the enforced laws.
- The special rules regarding adjudging conflicts between the
municipality and those concerned as regards the increase or decrease in
real estates and lands from what is contained in the official ownership
deeds relative to them, or its intertwinement with the states
properties.
- The special rules for the utilization of the municipalitys
services.
|
|
Article no. 27 |
The municipality
general manager shall undertake, under the supervision of the concerned
minister, the management of the executive organization according to this
law and the other laws; He shall specially undertake the following
issues:
- The execution of the municipality councils decisions.
- The management of the diverse municipalitys divisions.
- The study of the issues which are brought before the municipality
council.
- The preparation of the general structural plan project of the state
and its execution following its endorsement and the issuance of the
decree in its respect
- The preparation of the budgets project and the final account
statement, and submitting them to the municipality council.
- The setting forth of the internal regulations and systems projects
for the municipality affairs, and the general rules regarding the
dealing method undertaken by the municipality bodies with the public in.
all the spheres.
- The undertaking of the necessary procedures to safeguard health,
safety and the comfort of the population within the competency of the
municipality and especially take care of the following matters:
- The works of cleaning streets and roads, of demolishing building
which are about to collapse or their reparation according to the
regulations and orders organizing it.
- The surveillance of markets, and the inspection of nutrition
stuff to ascertain their edibility.
- The control of public markets which are disturbing peace and
harmful to health to ascertain the fulfillment of the salubrious
conditions, the granting of municipality- permits and withdrawing
them, in a way that does not conflict with the competencies of the
other authorizations according to laws and regulations.
- The organization of funerals, burials, transportation of
deceased persons and safeguarding the sanctity of cemeteries.
- The issuance of the building and the engineering offices
permits.
- The submission to the municipality council for viewing the annual
report in respect of the executive authoritys works.
|
|
Article no. 28 |
| The concerned
minister shall have to delegate the municipality general manager for the
authentication of disbursement orders within the budgets limit, and to
sign checks and papers concerning financial issues, according to the
regulations of the aforementioned decree for a law No. 31 for the year
1978. |
|
Article no. 29 |
| It shall be
permissible for the municipalitys general manager to assign some of his
administrative and financial competencies to any of his assistants who
shall practice them under his supervision. |
|
Article no. 30 |
| It shall be formed
within the municipalitys organizational structure a branch for it in
every governorate that shall undertake the provision of the
municipalitys services to its population. The competencies of these
branches shall be decided by a decree from the concerned minister. |
|
Article no. 31 |
| The municipalitys
budget shall be independently issued encompassing its incomes and
expenses. |
|
Article no. 32 |
| The municipality
incomes is constituted of the funds apportioned for it in the general
annual budget of the state, and from any other revenues which shall not
be in conflict with the regulations of this law. |
|
Article no. 33 |
The municipality
shall have a legal department affiliated to the concerned minister that
shall handle directly all the lawsuits, shall attend on its behalf
before all courts and arbitration panels. It shall express the legal
opinion, undertake investigations, and shall also prepare the projects,
decrees, regulations, orders, and decisions related to the
municipalitys activity. This shall be with the observance of the
regulations of article 2 of the princely decree No. 12 for the year 1960
regarding the law organizing the legal counsel and legislation
department.
The legal persons who occupy special position in the legal department
shall be governed by the same that governs members of the legal counsel
and legislation department in respect of salaries, allowances, bonuses,
promotion, retirement age and all the other financial or in kind
privileges. |
|
Article no. 34 |
Without prejudice to
any severe penalty stipulated in another law, the regulations
aforementioned in article 26 of this law decides the penalties imposed
on the person who violates its regulations by a fine that shall not be
less than one hundred Kuwaiti Dinars and shall not exceed one thousand
Kuwaiti Dinars.
In exception of the special penalties for the violation of the
regulations regarding building organization, the fine shall be ten
thousand Kuwaiti Dinars for every meter in the building which exceeds
the permitted building space as regards the investment, commercial,
industrial and services buildings- As regards the private residential
buildings the fine shall be fifty Kuwaiti Dinars for every meter in the
building exceeding the permitted building space.
It shall be permissible that the aforementioned regulations include, in
addition to the fine penalty, the penalties of confiscation, or
withdrawal of the permit finally or for a certain period, final or
temporary closure, removal and correction of the works in violation,
demolition, overhauling, or restoration to its original state.
The contractor, and the engineer shall be imprisoned for a period not
exceeding seven years for the fraudulent execution of the construction
works assigned to them which leads to the complete or partial
destruction of the building. The penalty shall be the imprisonment for a
period not exceeding fifteen years if this leads to the occurrence of
losses in souls. |
|
Article no. 35 |
| The perpetuator shall
be penalized by a fine of not less than one Kuwaiti Dinar and not
exceeding ten Kuwaiti Dinars in respect of every day he shall abstain
from executing what the judgment rules of removal, or correction of
works, demolition, reparation, beautification or restoring it to its
original state, after the expiry of the period which the municipality
shall decide for the execution of the judgment. The fines shall multiply
with the multiplication of the violations. It shall not be permissible
to judge a stay of execution regarding the ruled completion penalties,
which are mentioned. The decided period for execution regarding the new
owner shall start as from the date of ownership transfer. It shall be
applied in respect of the owner the special regulations of this fine and
the regulations of this article shall not govern judgments taken
regarding its non-execution of the criminal procedures on a date prior
to the enforcement of this law. |
|
Article no. 36 |
| The employees who are
appointed by the concerned minister to investigate and hold violations
stipulated in article 27 shall have the law officers capacity. They
shall have in order to undertake their works the right to enter places,
public stores, to investigate the violation and to seize the material
subject matter of the violation, to draft the necessary proces-verbals,
and refer them to the concerned authority. They shall also have the
right to seek the assistance of the member of the public force. The
general manager of the municipality or whom he delegates when necessary
in cases in which it is permissible to rule the closure, shall have the
right to issue a written order for this. |
|
Article no. 37 |
It shall be
permissible to accept a reconciliation application from the violator in
respect of the actions in violation of the municipality regulations
where the amount of the fine decided for them does not exceed three
hundred Kuwaiti Dinars.
The person drafting the process verbal, after confronting the
perpetuator with the violation, shall have to offer him reconciliation
and establish this in his process verbal. The perpetuator who desires
reconciliation shall have to settle within two weeks as from the date of
being offered the reconciliation, the minimum limit of the decided fine
for the violation attributed to him in addition to the charges and
expenses due to the municipality.
It shall not be permissible for the court in case of conviction to issue
a judgment regarding the aforementioned actions in the previous
paragraph with a penalty lesser than the reconciliation amount, This
reconciliation shall entail the abatement of the criminal case arid all
its effects. |
|
Article no. 38 |
| It shall be
permissible to dissolve the municipality council according to a
justified decree. In case of the councils dissolution, the election and
the appointment in the new council shall have to be undertaken on a date
that shall not exceed sixty days as from the date of dissolution. This
is provided that the new council shall be invited for convention
according to the regulations of Article 5 of this law. |
|
Article no. 39 |
|
In case of dissolving the municipality council in
application to the regulations of the previous paragraph, the
competencies of the municipality council shall be undertaken by
committees formed by the Cabinet, and shall be issued by a decree from
those of opinion and expertise who fulfill the conditions of the
parliaments membership. This shall be till the formation of the new
municipality council. The competency of this committee shall not include
issuing expropriation decisions. |
|
Article no. 40 |
| The penalties
stipulated in article 35 of the aforementioned law No. 15 for the year
1972, the regulations, the decisions and methods presently undertaken
shall continue to be enforced till they are amended according to the
regulations of this law. This is provided that these regulations shall
be issued within six months as from the date for this laws enforcement. |
|
Article no. 41 |
| Without prejudice to
the regulations of the previous article, it shall be annulled the
aforementioned law No. 15 for the year 1 972m and also shall be annulled
every provision contrary to this law. |
|
Article no. 42 |
| The ministers - each
within his competency - shall execute this law and it shall be enforced
as from the date of its publication in the official gazette. |
|
Prince of Kuwait
Jaber Al Ahmad Al Subah |
|
Issued At Bian Palace
On: 15 Safar, 1426 Higri
Corresponding to March 20, 2005 A.D. |
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