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The
Law of the Provinces
Article
1 :
The
aim of this Law is to improve the standard of the administrative
work and the development in the provinces of the Kingdom.
It is also aimed at maintaining security and order, and guaranteeing
citizens' rights and freedom within the framework of the Sharia.
Article
2 :
The
provinces of the Kingdom and governmental seat of each province
shall be formed according to a Royal Decree upon the recommendation
of the Interior Minister.
Article
3 :
Administratively,
every province shall consist of a number of governorates (of
“class A” or class B”), districts and centers (of “class A”
or “class B”). Full consideration shall be given to the factors
of demography, geography, security, environment and communications.
The organization of a governorate shall be carried out according
to a Royal Decree upon the recommendation of the Interior
Minister. Establishment of an affiliation of districts and
centers shall take effect upon the Interior Minister's decision,
as proposed by the emir of the province. (As amended by the
Royal Decree A/21, dated 30/3/1414 H).
Article
4 :
For
each province, an emir with the rank of minister shall be
appointed. A deputy at the highest (excellent) rank shall
assist the emir and deputize for him during periods of absence.
The appointment and the relief of the emir and his deputy
shall be made by Royal Decree upon the recommendation of the
Interior Minister.
Article5
:
The
Emir of the Province shall be answerable to the Interior Minister.
Article
6 :
An
emir and his deputy, prior to assuming their duties, shall
take the following oath before the King:
“In
the name of God Almighty, I swear that I will be loyal to
my religion, then to my King and Country, will not reveal
any of the State's secrets and will protect its interests
and laws. I will perform my work in honesty, trust, sincerity
and fairness.”
Article
7 :
Every
emir shall assume the administration of the region according
to the general policy of the State in compliance with provisions
of this Law and other laws and regulations. In particular,
he is expected to do the following:
Maintain security, order and stability, and take necessary
measures in accordance with this Law and other laws and regulations,
Implement rulings of the courts upon acquiring their final
dispositions,
Guarantee human rights and freedom, refrain from any action
which affects such rights and freedom except within the limits
provided by the Sharia and the Law,
Work for social and economic development and public works
of the province,
Work for the development and improvement of public services
in the province,
Administer governorates, districts and centers, and supervise
governors, directors and districts and heads of centers, and
ascertain their capabilities to perform assigned duties,
Protect State property and assets and prevent their usurpation,
Supervise governmental institutions and their employees in
the province and ensure proper performance of their work in
honesty and loyalty with consideration of their affiliation
with various ministries and service,
Have direct contact with ministers and head of agencies to
discuss affairs of the province and improve the performance
of affiliated institutions and to advise the Interior Minister
accordingly,
Submit annual reports to the Interior Minister on the efficiency
of public services and other affairs of the province as defined
by the executive provisions in this Law. (As amended by the
Royal Decree A/21, dated 30/3/1414 H).
Article
8 :
An
annual meeting, attended by emirs of provinces and presided
over by the Interior Minister, shall be held to discuss the
affairs of the provinces. A report to this effect shall be
forwarded to the Prince Minister by the Interior Minister.
Article
9 :
At
least two meetings shall be held every year for governors
and directors of districts to discuss affairs of the province.
The meeting shall be presided over by the emir, who shall
submit a report to the Interior Minister. (As amended by the
Royal Decree A/21, dated 30/3/1414 H).
Article
10 :
Upon the recommendation of the Interior Minister, one deputy
or more with a rank not less than Grade 14 shall be appointed
for every province following a decision by the Council of
Ministers.
Every “Class A” governorate shall have a governor with a rank
not less than Grade 14. Upon recommendation of the Interior
Minister, he shall be appointed by an order issued by the
Prime Minister. The governorate shall have a deputy with a
rank not less than Grade 12. He shall be appointed by a decision
of the Interior Minister upon the recommendation of the emir
of the province.
Every “Class B” governorate shall have a governor with a rank
not less than Grade 12. He shall be appointed by a decision
of the Interior Minister upon the recommendation of the emir
of the province.
Every “Class A” district shall have a director with a rank
of not less than Grade 8. He shall be appointed by a decision
of the Interior Minister upon the recommendation of the governor.
Every “Class B” district shall have a director with a rank
of not less than Grade 5. He shall be appointed by a decision
of the emir of the province. (As amended by the Royal Decree
A/21, dated 30/3/1414 H).
Article
11 :
Emirs
of provinces, governors of governorates and directors of districts
shall reside in their work areas. They shall not be allowed
to leave without permission from their direct superiors. (As
amended by the Royal Decree A/21, dated 30/3/1414 H).
Article
12 :
The
governors, directors of districts and heads of centers shall
assume their responsibilities within their jurisdictions and
within the assigned limits of their powers. (As amended by
the Royal Decree A/21, dated 30/3/1414 H).
Article
13 :
Governors
shall manage their governorates within their limits of powers
as provided in Article 7, excluding clauses (f), (i) and (j).
They shall supervise the work of subordinate directors and
heads of centers, and ascertain their ability to perform their
duties. They shall provide the Emir of the province with periodic
reports about the efficiency of public services and other
affairs of their governorates, as defined by the Executive
Regulations of this Law. (As amended by the Royal Decree A/21,
dated 30/3/1414 H).
Article
14 :
Every
ministry or governmental organization, having services in
a province, shall appoint for its organs in the province a
director with a rank not less than Grade 12. He shall be directly
affiliated with the central institution, and coordinate his
work with the emir of the province.
Article
15 :
A
council, called the Council of the Province, shall be established
at every provincial seat.
Article
16 :
The
council of a province shall be composed of:
The emir of the province as chairman of the council,
The deputy emir of the province as vice-chairman of the council,
The deputy of the governmental seat,
Heads of governmental institutions in the province as specified
by a resolution to be issued by the Prime Minister upon the
recommendation of the Interior Minister,
A minimum of ten men of knowledge, expertise and specialization
to be appointed from among the inhabitants by an order issued
by the Prime Minister after their nomination by the emir of
the province and the approval by the Interior Minister --
Their terms of office shall be four years and shall be renewable.
(Amended by the Royal Decree A/21, dated 30/3/1414 H).
Article
17 :
It
is stipulated that every member of the Council shall be:
A Saudi national by birth and descent,
A person well-known for righteousness and capability,
Not younger than 30 years of age,
A resident of the province.
Article
18 :
A
member shall be entitled to submit written proposals to the
head of the provincial council on matters pertaining to the
council's jurisdiction. Every proposal shall be listed by
the chairman on the council's agenda for consideration.
Article
19 :
A
member shall not attend discussions of the (provincial) council
or its committees if the subject of discussion might concern
his personal gain or might benefit individuals for whom his
testimony is not acceptable, or individuals who have appointed
him as guardian, proxy or representative.
Article
20 :
A
(provincial council) member who wishes to resign shall submit
his request to the Interior Minister through the emir of the
province. His resignation shall not be considered valid until
it is approved by the Prime Minister upon a proposal of the
Interior Minister.
Article
21 :
In
cases other than those mentioned in the Law, an appointed
(provincial council) member may not be dismissed during the
term of his membership without the Prime Minister's order
after a proposal of the Interior Minister.
Article
22 :
When
the place of any appointed (provincial council) member has
become vacant for any reason, a successor shall be appointed
within three months, effective from the beginning of vacancy.
The term of the new member shall be equal to the remaining
period of his predecessor's term in accordance with Article
16, Clause (e) of this Law.
Article
23 :
The
council of a province shall consider whatever might improve
the standard of services in the province, particularly:
Defining needs of the province and proposing their inclusion
in the State's Development Plan,
Defining useful projects and putting them in an order of priority,
and proposing their endorsement in the annual budget of the
State,
Studying urban plans for villages and towns of the province,
and following up the implementation of all allocations to
the province from the development plan and the budget,
Following up and coordinating the implementation of all allocations
to the province from the development plan and the budget.
Article
24 :
The
council of a province shall propose any work needed for the
public interest of the population in the province, encourage
citizens to participate in that work and submit the proposal
to the Interior Minister.
Article
25 :
A
provincial council is prohibited from considering any topic
outside its jurisdiction as provided by terms of this Law.
Its decisions shall be null and void if its powers are misused.
The Minister of the Interior shall issue a decision to this
effect.
Article
26:
The
council of a province shall convene every three months in
ordinary sessions upon invitation by its chairman. If he considers
it necessary, the chairman is entitled to summon the council
to an extraordinary session. 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 taken into consideration and discussed.
Article
27 :
Those
members who are mentioned in Article 16, Clauses (c) and (d)
of this Law must attend meetings of the provincial council
as part of their official duties. They should attend in person
or appoint substitutes when they cannot attend. Regarding
members mentioned in Clause (e) of the said Article, un-excused
non-attendance at two successive sessions by a member 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 decision for dismissal.
Article
28 :
Meetings
of a provincial council shall not be official 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 :
A
provincial council, in case of need, may form special committees
to consider any topics within its powers. It may seek the
assistance of experienced people and specialists. It may also
invite others to attend the council's meetings and participate
in discussion without having the right to vote.
Article
30 :
The
Minister of Interior may invite a council to convene under
his chairmanship anywhere he deems suitable. He may chair
any meeting he attends.
Article
31 :
A
provincial council may not convene without an invitation from
its chairman or his deputy, or without an order issued by
the Interior Minister.
Article
32 :
The
chairman of a council shall submit a copy of the resolution
to the Minister of Interior.
Article
33 :
The
chairman of a provincial council shall inform ministries and
governmental services of any resolutions concerning them which
are passed by the council.
Article
34 :
Ministries
and governmental institutions shall take into consideration
resolutions passed by a provincial council in accordance with
provisions of Article 23, Clauses (a) and (b) of this Law.
If a ministry or a governmental institution does not agree
to consider one of these resolutions, it shall explain the
reasons to be provincial council. In case of dissatisfaction,
the council shall refer the matter to the Interior Minister
for reconsideration by the Prime Minister.
Article
35 :
Every
ministry or institution with services in a province shall
immediately inform the provincial council of projects which
were decided upon in the budget for the province, together
with its allocation from the development plan.
Article
36 :
Any
minister or head of institution may seek the opinion of a
provincial council on matters pertaining to his jurisdiction
in the province. The council shall forward its opinion in
this regard.
Article
37 :
The
Council of Ministers, upon a proposal of the Interior Ministry,
shall set the remuneration of the chairman of a provincial
council and its members, taking into account the cost of transportation
and accommodation. (As amended by the Royal Decree A/21, dated
30/3/1414 H).
Article
38 :
A
provincial council can be dissolved only on an order by the
Prime Minister following the recommendation of the Interior
Minister. New members shall be appointed within three months
effective from the date of the dissolution. During this period,
members mentioned in Article 16, Clauses (c) and (d) of this
Law, shall perform the duties of the council under chairmanship
of the emir of the province.
Article
39 :
A
secretariat for a provincial council shall be set up at the
governmental seat of the province to prepare its agenda, send
timely invitation, record discussions carried out during the
sessions, count votes, prepare the minutes of sessions, draft
decisions, and perform necessary work for the monitoring of
the council's sessions and the registration of all decisions.
Article
40 :
The
Interior Minister shall issue the necessary regulations to
implement this Law.
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