Objections Commission

First : Formation of the committee and its authorities

The Objections committee is formed based on the provisions of the article (17) of the law No. 33 of the year 64 with regard to expropriation and temporary seizure for public welfare and its amendments that provides : ((A committee named Objections committee shall look into the objection, to be formed and processed under a decision from the Council of Ministers, and must incorporate a judge of supreme court)) as well as based on the provisions of the article first of the decision of Council of Ministers issued on 05/06/1977 with regard to amendment of some of the provisions Objections committee, which states as (( The Objections committee will be formed from seven members including an advisor of supreme court of appeal who will chair it, and a judge of supreme court who will be the deputy chairman. However, the committee members will be appointed thru a decision of Council of Ministers, but while appointing them, the representation of the concerned and related authorities must be taken into account. And the appointment the chairman and his deputy shall be based on a nomination of the Minister of Justice after seeking opinion of the Supreme Judicial Council)) (Article 2) of the decision.

Its powers and authorities :

The Objections committee shall decide, among the objections submitted to it, in those objections related to the expropriated properties, their areas and boundaries, names of owners , right holders and share of each of them in compensation and each stakeholder has right to challenge these decisions before the court (article 4) of the decision.

The Objections committee shall decide, among the objections submitted to it, in evaluating the value of the compensation against the expropriation of the property, based on the prevailing rates at the time of issuance of the expropriation decision in the area where the expropriated property is located and in the rent prices of the properties in the nearby areas or like at that time (article 5) of the decision.

Similarly, it will decide in the applications of preference submitted to it based on the article (24) of the law No. (33 of the year 64).

Validity of its meeting

The meeting of the committee will considered be valid with the attendance of its minimum 5 members, including the chairman or deputy chairman (article 1) of the decision, and the Objections committee shall hold its meetings minimum twice a week and the meetings shall be held at the fixed place of the committee at the Administration Building, and may be held at any other place based on a decision of Minster of Finance, provided that the stakeholders are informed of this place (article 2) of the decision.

Second :Procedures to prepare the applications to present them to the committee :

  1. The objector shall submit a letter specifying therein his address and place of residence, and the Public Register shall make sure that has not exceeded the legal time period for objection, i.e. 15 days from receiving the Valuation Letter in collaboration with the Committee Secretariat.
  2. A letter of objection shall be received, recorded in the objections register, and time will be given to appear before the committee, and the Ministry of Finance (Dept of State Properties) shall be informed of the objection date.
  3. . In collaboration with the Cadastral Affairs Dept, the prices near to the earliest date in terms of the location, area, kind of property will be prepared, and then the necessary plans will be arranged.
  4. The Secretariat of the objections committee shall contact and coordinate with the chairman and the members Objections committee and inform them of the meeting date.
  5. The Secretariat shall arrange the agenda, photocopy of all the required documents and a file of each member shall be kept at its allocated place.
  6. On the date of meeting, the objectors or their representatives shall attend and enter the committees each as per his number of objection.
  7. The Secretary of the committee shall record the statements of the objector in a form of objection and will be signed by the chairman and the secretary.
  8. The decisions of the committee will be issued after secret deliberation with the majority of minimum 4 of its members.
  9. The objections results will be drafted in the accounting statements each as per his appropriation, then signed by the chairman and the secretary and referred to the Financial Affairs Section to issue the transfer.

Members of Objections committee for the year 2013 *

SN

Name

Capacity

1

Ibrahim Abdul Rahim Mohamed Al Mulla

Attorney court of appeal – Chairman *

2

Yousef Lahdan Yousef Lahdan

Attorney supreme court – Deputy chairman

3

Jassem Mohamed Juma

Member

4

Yousef Ali Al Mailem

Member

5

Salem Barak Al Haifi

Member

6

Hamoud Mohamed Al Hamad

Member

7

Shakir Mahmoud Madwa

Member

* Decision of Council of ministers under No. (1187) of the year 2013.

* Decision of Council of ministers under No. (830) of the year 2015 dated 08/05/2015 commissioning the Chairman of the objection committee Advisor / Hamoud Hamad Ali Al Sanea – Attorney court of appeal – to chair the Objections committee for the remaining term of the committee.