The Municipal Councils Law (Consolidated)

ISSUED BY	CONSOLIDATED UP TO
Royal Decree 126/2020	Royal Decree 38/2022

Chapter One
Definitions and General Provisions

Article 1

In the application of the provisions of this law, the following words and phrases have the meaning assigned to each of them, unless the context requires otherwise:

(a) Council: The municipal council of a governorate.

(b) Minister: The Minister of Interior.

(c) Chairman: The chairman of the council.

(d) Member: A member of the council.

(e) Secretary: The secretary of the council.

(f) Regulation: The executive regulation of this law.

Article 2

The regulation governs all council affairs and, in particular, the following:

(a) The competences of the chairman, his deputy, and the secretary.

(b) The work system of the council.

(d) The permanent and temporary committees of the council, their formation, competences, and work system.

Article 3

Without prejudice to the provisions of the Law on the Classification of State Records and the Governance of Protected Places, bodies whose functions are related to service or development aspects shall provide the chairman with data and statistics the council deems necessary for exercising its competences.

Article 4

Elections for council members shall be governed in accordance with the provisions of a regulation issued by a decision of the minister.

Article 5

Every voter who is an employee of a unit of the administrative apparatus of the state and other public legal persons, or an employee of the private sector, casting a vote in the elections of council members shall be deemed to be on official holiday.

Article 6

The minister shall, after approval of the Ministry of Finance, issue a financial system for expenses, expenditures, and tenders of elections carried out in case of a dissolution of the council in accordance with the text of article 27 of this law and in case reelections of council members are held for any reason whatsoever, without being bound by the provisions of the Financial Law and the Tender Law.

Chapter Two
Governing Council Affairs

Article 7

The municipal council for each governorate shall be as follows:

First: the Municipal Council of the Governorate of Muscat based in the Wilayat of Muscat.

Second: the Municipal Council of the Governorate of Dhofar based in the Wilayat of Salalah.

Third: the Municipal Council of the Governorate of Musandam Governorate based in the Wilayat of Khasab.

Fourth: the Municipal Council of the Governorate of Buraimi Governorate based in the Wilayat of Buraimi.

Fifth: the Municipal Council of the Governorate of Dakhiliya Governorate based in the Wilayat of Nizwa.

Sixth: the Municipal Council of the Governorate of North Batinah Governorate based in the Wilayat of Sohar.

Seventh: the Municipal Council of the Governorate of South Batinah based in the Wilayat of Rustaq.

Eighth: the Municipal Council of the Governorate of South Sharqiyah based in the Wilayat of Sur.

Ninth: the Municipal Council of the Governorate of North Sharqiyah based in the Wilayat of Ibra.

Tenth: the Municipal Council of the Governorate of Dhahirah based in the Wilayat of Ibri.

Eleventh: the Municipal Council of the Governorate of Wusta based in the Wilayat of Haima.

Article 8

The council shall be composed of the governor as chairman and the following members:

First: Members appointed in their employment capacities from the entities determined by a decision by the Council of Ministers.[1]

The Council of Ministers may amend or add other bodies if the public interest so requires. It is a condition that the position held by each of them shall not be less than a director general, or a director of a directorate for those bodies that do not have an administrative division at the level of a directorate general within the governorate, and they are prohibited from holding membership in more than one council.

Second: Elected members representing the wilayat of the governorate, equivalent to 2 (two) members for each wilayat.

Third: 2 (two) persons of competence and wisdom originally from the governorate, selected by the minister based on the nomination of the governor.[2]

The Director of the Department of Council Affairs at the Office of the Governor shall assume secretary duties.

Article 9

The minister shall issue a decision naming the council members.

Article 10

A member who is not among the representatives of government bodies must satisfy the following:

(a) be of Omani nationality.

(b) be no less than 30 (thirty) Gregorian years of age.

(d) not have been convicted by a final sentence of a felony or a crime against honour or trust unless he has been rehabilitated.

(e) not have a mental illness or be under judicial custody.

(f) have an educational qualification not lower than a general education diploma.

(g) be registered in the electoral register in the wilayat he represents.

(g) not be working in a security or military body.

(h) not be a member of either Majlis Al-Dawla or Majlis Al-Shura.

(i) not be residing or working outside the Sultanate.

These conditions must be satisfied on the day prior to the opening of nominations for council elections.

Article 11

In addition to the conditions stipulated in article 10 of this law, except for the condition mentioned in clause (f), it is a condition that the member from among the wise and knowledgeable persons is not an employee in a unit of the administrative apparatus of the state and other public legal persons.

Article 12

An elected member may not simultaneously hold membership in the council and assume public office. If a public employee is elected to the membership of the council, his service shall be deemed terminated from the date on which the final results of the elections are announced. In the event the validity of his membership is challenged, he shall retain his employment without being paid his salary. If a decision invalidating his membership is rendered, he shall return to his employment but, if the challenge is rejected, his service shall be deemed terminated from the date on which the results were announced. The pension for a member whose service has terminated in accordance with the provisions of this article are settled in accordance with the rules prescribed for members of Majlis Al-Shura.

Article 13

The term of the council shall be 4 (four) Gregorian years, starting from the day following the effective date of the decision naming its members. Elections for a new council shall take place within 90 (ninety) days before the end of that period. If elections are not held within that period, the council shall remain standing until elections take place.

In the event the council is dissolved in accordance with the provisions of article 27 of this law, elections for the new council shall take place within 6 (six) months from the dissolution date.

Article 14

The chairman—with the exception of those who have taken the oath before the Sultan—shall take the following oath before the minister prior to assuming his duties:[3]

“I swear by Allah the Almighty to perform my work faithfully and honestly, to protect the interest of the nation and the nationals, and to protect the work secrets of the municipal council.”

Members shall take the same oath before the chairman prior to assuming their duties.

The chairman and members of the council representing government bodies shall not take the oath except once during the term of the council.

Article 15

The deputy chairman of the council shall be elected from among the elected members during the first council meeting, in accordance with the procedures specified by the regulation.

Article 16

The council shall hold its sessions at the governorate headquarters. The council may meet in another place if the chairman deems it necessary, provided that the meeting takes place in a unit of the administrative apparatus of the state within the governorate.

Article 17[4]

(Repealed.)

Article 18

The chairman shall submit to the minister a periodic report on the activities of the council every 6 (six) months who in turn shall submit an annual report to the Council of Ministers in this regard.

Article 19

Members are prohibited from the following:

(a) Conducting – directly or indirectly through the council or its committees – any work such as contracting, supplying for the account of the governorate, or entering into a sale or barter relationship with the governorate if he, his spouse, or one of his relatives up to the third degree has a personal interest in or is a custodian, guardian, or agent for the contracting party.

(b) Disclosing, by any means, information and data that he views by virtue of his membership.

Article 20

The remuneration of elected members of the council and the wise and knowledgeable persons shall be determined by a decision of the minister, after the approval of the Ministry of Finance and the mechanism for disbursement shall be specified in the regulations.

Article 21

Without prejudice to the provisions of the System of Governorates, the council is competent, within the scope of the governorate and within the limits of the public policy of the state and its development plans, with the following:[5]

(a) Expressing an opinion on the means to invest the resources of the governorate, in order to achieve sustainable development and create job opportunities for nationals.[6]

(b) Expressing an opinion in regard to the imposition, modification, or cancellation of municipal fees and their methods of collection.[7]

(c) Expressing an opinion on the controls and specifications regarding commercial billboards and advertisements and signs of commercial premises and public premises.[8]

(d) Expressing an opinion in regard to the regulations on the control of wandering and stray animals. [9]

(e) Expressing an opinion in regard to the regulations on the operation of taxis and means of public transport.[10]

(f) Expressing an opinion in regard to the regulations on the administration and regulation of markets, cemeteries, slaughterhouses, and landfills.[11]

(g) Expressing an opinion in regard to the draft development plans within the scope of the governorate and the development projects in them.[12]

(h) Expressing an opinion in regard to the performance of the branches of the government service units in the governorate.[13]

(i) Opining on the proposed sites for development, service, and economic projects, and urban plans.

(j) Following up on the measures taken to prevent and remove violations on state property, public facilities, wadi buffer zones, and beaches.

(k) Expressing an opinion in regard to the needs of the governorate in terms of public facilities, government services, and projects relating to them.[14]

(l) Making recommendations relating to public health and proposing health requirement regulations for activities relating to public health.

(m) Participating, with the competent bodies, in determining the public benefit in the field of development projects in accordance with the conditions determined by the Law on Expropriation for Public Benefit.

(n) Opining on the structural and general urban plans and special plans in residential, commercial, industrial, and touristic zones in the governorate.

(o) Expressing an opinion in regard to the hosting of cultural, recreational, and tourism festivals in the governorate.[15]

(p) Following up on the implementation of service and development projects in the governorate, and commenting on them.

(q) Following up on the implementation of service and development contracts that entail financial rights for the governorate or obligations on it.

(r) Approving programmes that ensure assistance to eligible segments and care for orphans and the disabled, in coordination with the relevant bodies.

(s) Suggesting programmes that ensure assistance to those affected by natural disasters and climatic conditions, in coordination with the competent bodies.

(t) Proposing projects relating to the development of the cities of the governorate and its tourist attractions.

(u) Urging private sector establishments and companies to contribute to the development of the local community in the governorate, and participating in determining the priorities of their contributions, in coordination with the competent bodies.

(v) Suggesting awareness and educational programmes in fields within the competences of the council.

(w) Studying suggestions and complaints submitted to the council on matters within its competence and taking appropriate procedures in this regard.

(x) Studying social issues and negative social phenomena in the governorate and proposing appropriate solutions to them in cooperation with the competent bodies.

(y) Working on raising local community awareness on the importance of preserving natural reserves and wildlife and proposing procedures to ensure the protection of the environment and its safety.

(z) Communicating with the local community and private sector establishments to seek observations and suggestions aimed at serving and developing the governorate.

Article 22

In exercising its competences, the council may seek the assistance of whomever it deems appropriate from specialists in bodies whose work is related to service or development aspects in the governorate or such others with experience and competence.

Chapter Three
Expiry of Membership and Dissolution of the Council

Article 23

Membership in the council expires for one of the following reasons:

(a) Death.

(b) Failure to satisfy one of the membership conditions.

(d) Issuance of an effective final sentence with a punishment depriving liberty for a period exceeding (3) three months.

(e) Dissolution of the council.

A decision shall be issued by the minister regarding the expiry of the membership.

Article 24

A member who is not a representative of government bodies may submit a written request to the chairman to relieve him from membership. The request shall be considered accepted from the date of its submission and the chairman shall inform the council of this at its first session and also notify the minister.

Article 25

The chairman shall present the matter of a member who is not from among the representatives of government bodies and who has failed to attend 2 (two) consecutive meetings or 3 (three) non-consecutive meetings during the year. The council shall consider his matter, and if after hearing his statements, it deems that his excuse is unacceptable or if it is not possible to hear his statements because of a failure to attend, the council shall issue a decision reliving him from membership and his membership shall be deemed expired effective from the first day of his failure to attend. A matter of a member who is from among the representatives of government bodies shall be presented to the minister in order to take the appropriate action in regard to him, in coordination with the body he represents.

Article 26

A member who is not from among the representatives of government bodies shall be relieved if he breaches his council membership duties, by a decision of the minister after the chairman hears his statements unless that is not possible due to his failure to attend. The matter of a member from among the representatives of government bodies shall be presented to the minister in order to take the appropriate procedure in coordination with the body he represents.

Article 27

If the council commits a grave mistake that has caused harm to the public interest, it may be dissolved before the end of its term by a decision of the minister after approval of the Council of Ministers. If the remaining term for the council was over a year, a new council shall be elected and the term of the new council shall be a continuation of the term of the previous council.

The dissolution decision must form a committee that will assume the competences of the council until the election of the new council, or until the end of the remaining term for the council if it is less than a year.

Article 28

If the membership of an elected member expires within 6 (six) months prior to the end of the term of the council, he shall be replaced by the recipient of the most votes from among the candidates according to their rank in the election results for the same period. If the member is from among the unelected members, the minister shall be notified of this in order to issue a decision naming his replacement, in coordination with the body he represents.

Article 29

A member who has been relieved of his membership in accordance with the provisions of articles 25 and 26 of this law may challenge the decision in this regard before the administrative court within 60 (sixty) days from the date of his knowledge of the decision and the court shall decide on the challenge in an urgent manner.

[1] Amended by Royal Decree 38/2022.

[2] Amended by Royal Decree 38/2022.

[3] Amended by Royal Decree 38/2022.

[4] Repealed by Royal Decree 38/2022.

[5] Amended by Royal Decree 38/2022.

[6] Amended by Royal Decree 38/2022.

[7] Amended by Royal Decree 38/2022.

[8] Amended by Royal Decree 38/2022.

[9] Amended by Royal Decree 38/2022.

[10] Amended by Royal Decree 38/2022.

[11] Amended by Royal Decree 38/2022.

[12] Amended by Royal Decree 38/2022.