Laws of Municipal Council
Sultan`s Decree
No. 116/2011
Promulgates Municipal Councils Law
We, Qaboos Bin Said, the Sultan of Oman
After reviewing the Basic Statute of the state issued under the Sultan`s Decree No. 101/96 and 114/2011 for approving the administrative division and regulating the mayor`s duties and as per the public interests require.
We have decided the following
Article 1: The attached law shall be applied on Municipal Councils affairs.
Article 2: The Minister of the Diwan of Royal Court shall issue the required regulations and decrees to put the attached law into force.
Article 3: All that is contrary to the Decree and the attached system or contradicts their provisions shall be cancelled.
Article 4:This decree shall be published in the Official Gazette. The Decrees takes effect on the following day of its publication.
Issued on: Dhul Qa`dah 28, 1432 H
Corresponding to: 26 October 2011 G
Qaboos Bin SaidSultan of Oman
Law of Municipal Councils
Chapter 1
General Definitions and conditions
Article (1)
In applying the provisions of this law, the following terms and expressions shall have the same meaning assigned to them respectively unless the context required otherwise:
a - The competent Minister: shall refer to The Minister of the Diwan of Royal Court for the Municipal Council in Governorate of Muscat, Minister of State and Dhofar Governor for the Municipal Council in Governorate of Dhofar and the Ministry of Regional Municipalities and Water Resources for Municipal Councils in other Governorates.
b - Council: shall refer to Municipality Council in the Governorate.
c - The Chairman: shall refer to Chairman of Council.
d - Member: shall refer to Council Member.
e - Secretariat: shall refer to Council Secretariat.
F – Regulation: shall refer to the executive regulations set forth in Municipal Councils law.
Article (2)
This regulation shall regulate all the Council affairs especially the following:
a - Terms of references for the Chairman, his deputy and the Secretariat.
b - Administrative and financial affairs for the Council.
c - Determining the annual rewards for Council members.
d - Selecting the members of the Council
e -Work system of the Council..
Article (3)
The competent authorities shall provide the required information and statistics as required by the Council to practice its terms of references if obtaining the approval of General Secretariat of the Cabinet regarding the information, which is confidential.
Chapter 2
Regulating Council`s affairs
Article (4)
The following Councils shall be established:
First: The Municipal Council in Muscat governorate, which situates in Wilayat of Muscat.
Second: The Municipal Council in Dhufar governorate, which situates in Wilayat of Salalah.
Third: The Municipal Council in Musandam governorate, which situates in Wilayat of Khasb.
Fourth: The Municipal Council in Buraimi governorate, which situates in Wilayat of Buraimi.
Fifth: The Municipal Council in Al Dakhiliyah governorate, which situates in Wilayat of Nizwa.
Sixth: The Municipal Council in North Batinah governorate, which situates in Wilayat of Sahar.
Seventh: The Municipal Council in South Batinah governorate, which situates in Wilayat of Rustaq.
Eighth: The Municipal Council in South Al Sharqiyah governorate, which situates in Wilayat of Sur.
Ninth: The Municipal Council in North Al Sharqiyah governorate, which situates in Wilayat of Ibra`a.
Tenth: The Municipal Council in Al Zahra governorate, which situates in Wilayat of Ibri.
Eleventh: The Municipal Council in Al Wusta governorate, which situates in Wilayat of Hima.
Article (5)
The board of directors shall be as follows:
1. The Chairman of Municipal of Muscat shall appointed as a Council Chairman for Muscat Governorate.
2. Deputy Governor of Dhofar shall appointed as a Council Chairman for Governorate of Dhofar.
3. The Governor shall appointed as a Council Chairman for the other governorates.
Article (6)
Subject to Article (5), the Council shall be formed as follows:
1. The Council shall be formed of representatives appointed in the following governmental authorities provided that their job positions shall not be less than General Director, or circuit director regarding the Councils that aren`t concerned with general directorates:
a- Ministry of Regional Municipalities and Water Resources or Municipality of Muscat or Dhufar.
b- Ministry of Education
c- Ministry of Housing.
d- Ministry of Tourism
e- Ministry of Environment and Weather Affairs.
f- Ministry of Social Development
g- Royal Oman Police
h- Municipality of Sahar in North Batinah
2. Elected persons to represent the Wilayats within the governorate shall be as follows:
a- The wilayats which Omani population is more than 30,000 citizens will be represented at the municipal council with two members.
b- The wilayats which Omani population is more than 30,000 citizens will be represented at the municipal council with four members.
c- The wilayats, which Omani population is, more than 60,000 citizens will be represented at the municipal council with six members...
3. Two representatives of the people of opinion and advice who are selected among the sons of the governorate including the Ministry of Interior and the competent Minister regarding Governorate of Muscat and Dhufar.
The Chairman of Wilayat Municipality, where the headquarter of the Council is situated in, shall be appointed to be the Secretariat and issue the relevant decrees except the Councils that are situated in Governorates of Muscat, Dhufar and North Batinah as the Secretariat shall be selected by the competent minister.
Article (7)
The Council Members shall be nominated under a decree issued by the Ministry of Interior and the competent Minister for both Muscat and Dhufar Governorates.
Article (8)
The Council Member of non-governmental representatives shall met the following conditions:
a- He shall be Omani.
b- He shall be no less than thirty (30) years.
c- He shall be featured with a higher position and good well in Wilayat. He shall not be convicted of a crime/felony involving a breach/violation of honor/ (the) public trust unless he has been rehabilitated.
d- He shall have a reasonable level of culture and well-educated having a suitable practical experience.
e- He shall be enrolled in the electoral register within Wilayat he nominated for.
f- He shall not be a member either in State Council, Shura Council or an employee at one of the State administrative Body.
Article (9)
The Membership period in the Council shall be expired after four calendar years and may be renewed as per the provisions of law.
Article (10)
The Council Chairman shall oath before the Ministry of Interior and before the competent Minister regarding Governorates of Muscat and Dhufar prior to assuming his powers as follows:
"I swear by Almighty God to perform my entitled works in the Council trustily and honestly, safeguard the interests of the nation and citizens and keep the confidentiality of the Council activities."
The remaining members shall oath the same, each before his Council before assuming their powers.
Article (11)
The deputy Chairman shall be selected among the members by voting in the preliminary session. The mayor of Dhufar shall be the deputy chairperson in Dhufar Governorate however the deputy chairperson in Muscat shall be an old man who will be selected by the governor.
Article (12)
The Council shall hold its sessions in the headquarter of the governorate and may hold its meetings in a different place according to the sole discretion of the chairman provided that the meeting shall be hold in of one of the governmental authorities inside the governorate.
Article (13)
The Council may file its resolutions and recommendations to the competent Minister to take the required actions in accordance with the applicable regulations and rules. In the event that, the Minister consider that some of these resolutions or recommendations are out of the Council`s competence, involve a legal breach or are in conflict with the general policy of the state, the minster shall have the right to reject them within thirty days from the date of serving these resolutions or recommendations and turn them back to the Council together with the reasons of rejection to be reconsidered. If the Council has reviewed them again and the minister still reject them, the Council may serve them to the Cabinet, which are entitled to take the final decision towards these resolutions and recommendations.
Article (14)
The Council Chairman shall provide a periodic report every three months to the respective Minister for Muscat and Dhufar Governorates and a periodic report to the Ministry of Interior and the respective Minister for other governorates, however the respective Minister shall provide a semi-annual report about the Council`s activities to the Cabinet.
Article (15)
The Council Member shall not make any interest through the Council or its committees directly or indirectly including entering into a contractual relationship, supply for the account of the governorate, enter into a sale or trade off relationship for his interest, his partner, one of his relatives up to the third class.
Article (16)
The Council shall be entitled to provide, within the limits of the general policy of the state and its developmental plans, its views and recommendations regarding developing the regulations and Municipal services within the governorate such as:
1. Providing suggestions about establishing and improving the roads and regulating the traffic in the streets, squares and public beaches.
2. Providing its recommendations regarding the public health.
3. Providing the suitable suggestions to safeguard the environment from pollution.
4. Proposing projects and its implementation locations taking into account the water resources, roads, parks, sewage, lighting, schools, houses, places of worship, healthy and commercial centers, parking and other facilities, public services and projects that citizens are interested in and coordinating with the competent authorities regarding these projects and services.
5. Suggesting the development of gardens, public parks, and entertainment venues, protecting beaches against corrosion and pollution and coordinating with the respective authorities regarding this matter.
6. Following-up the execution of the regulations regarding lighting, water, sewage, other regulations regarding the public facilities and coordinating with the respective competent regarding these matters.
7. Developing the regulations that govern promotional advertisements and establishing the rules of public shop and supermarket signs and coordinating with the respective authorities regarding this matter.
8. Suggesting the establishment of markets, slaughterhouses and landfills and its relative regulations and coordinating with the respective competent authorities regarding these matters.
9. Suggesting the regulations that govern collecting, disposing and recycling wastes in accordance with the latest scientific and economic methods and coordinating with the respective authorities regarding these matters.
10. Suggesting the regulations that govern the public stores, restaurants, cafes, industrial and commercial shops, hazardous and uncomfortable shops, hawkers and coordinating with the respective authorities regarding these matters.
11. Participating with the respective authorities for issuing the report of public benefit regarding the developmental projects as per the conditions set forth in the Expropriation Act for Public Benefit.
Taking part in developing the regulations concerned of monitoring bulk and stray animals and coordinating with the respective authorities regarding these matters.
13. Suggesting the names of districts, schemes, locations and roads and coordinating with the respective authorities regarding these matters.
14. Cooperating with the respective authorities in investigating and developing the structural and general urban schemes and providing recommendations regarding regulating the schemes of the housing, commercial, industrial and tourism areas.
15. Studying the suggestions submitted to the Council and issuing the resolutions or recommendations regarding them.
16. Suggesting the development and the construction of public parking lots for vehicles and vessels and coordinating with the respective authorities regarding these matters.
17. Investigating the complaints submitted by citizens and other bodies regarding the matters, which are within the Council`s competency. For this purpose, the Council may request the respective authorities to provide the required information to review the complaint.
18. Providing recommendations for organizing the housing, commercial and industrial schemes and coordinating with the respective authorities regarding these matters.
19. Suggesting imposing, amending or cancelling the municipal fees and its collection methods and coordinating with the respective authorities regarding these matters.
20. Monitoring the implementation of service projects in the governorate and providing its feedback to the respective authorities.
21. Cooperating with the respective authorities and providing its opinions in advance regarding utilizing any public facilities in the governorate.
22. Studying the social issues and negative practices within the Governorate and suggesting the suitable solutions jointly with the respective authorities.
23. Approving the cultural, recreational and tourism festivals and coordinating with the respective authorities for this purpose.
24. Suggesting for organizing the work method of taxis and public transports and coordinating with the respective authorities for this regard.
25. Following-up the execution of contracts that gain financial rights or liabilities upon the governorate.
26. Coordinating with the neighboring Councils to solve the issues related to the villages and residential facilities.
27. Following-up anti-begging procedures and providing its feedback and recommendations.
28. Suggesting the suitable programs for helping the needy, those on low-income, care of orphans and disabled and coordinating with the respective authorities regarding these issues.
29. Suggesting suitable programs for providing quick relief against fire, floods, climate catastrophes and allocating financial resources to be withdrawn for this purposes and coordinating with the respective authorities regarding these issues.
30. Communicating with the local community and private sector organizations, holding meetings, receiving the feedback and suggestions that aims to serving and developing the governorate.
Chapter 3
Membership Termination and Council disassembly
Article (17)
Membership shall be terminated due to the following reasons:
1. Death
2. The expiry of membership
3. Resignation or dismissal
4. Council disassembly
Article (18)
The member of non-governmental representatives may file his resignation to the Chairman and the Chairman shall inform the Council with that matter in the next session. The Chairman shall also notify the competent Minister in both Muscat, Dhufar Governorates, however, the Chairman, in other governorates, shall notify the Ministry of Interior, and the resignation shall be deemed as approved from the date of its application.
Article (19)
The matter of the member of non-governmental representatives who fails to attend three successive meetings shall be discussed before the Council. If the Council has decided, after hearing his statement, that he has not a reasonable reason for non-attendance, he shall be deemed to be dismissed as of the date of his failure to attend the meetings according to the approval of two-thirds of the attended members.
Article (20)
The Council may be disassembled before its expiry period under a decree issued by the Minister of Interior and by the competent Minister regarding both Muscat and Dhufar Governorates after obtaining the consent of the Cabinet in the event that the Council has committed a harmful default, which resulted in public damages. The decree shall include a constitution of a committee to be responsible for the terms of references of the Council for six months or until the constitution of another Council whatever is earlier.
Article (21)
The Member of non-governmental representatives shall be dismissed if he breached his membership obligations or has not met one of its conditions.
The member`s dismissal shall reviewed before execution. If the Council has become sure, after hearing his statement, the validity of what he has been attributed to him, the Council shall approve the decree of dismissal according to the approval of two-thirds of the attended members.
For the Member of governmental representatives, the Chairman of his competent body shall review his matter in order to take the necessary actions in the event of his failure.
Article (22)
If the membership has expired before a year of the Council expiration, he shall be replaced with another candidate who has obtained almost of the votes. If there is not any other candidate, to be replaced with, the Council shall inform the Ministry of Interior or the competent minister in both Muscat and Dhufar Governorates to take the appropriate actions to select new member from the same Wilayat.
If the member is appointed, the Council shall inform the Ministry of Interior and the competent minister for both Muscat and Dhufar Governorates to replace him with another member.
Article (23)
Any member has been dismissed or has been deemed as resigned may file an appeal to the Administrative Judiciary Court and the said court may settle this appeal as soon as possible.