Resolution No.(37) of the year 1442H
The Chairman of the Board of Grievances, the Chairman of the Administrative Judicial Council,
After reviewing the Law of the Board of Grievances, issued by the royal decree No. (M/78) dated 9/19/1428 AH, and the Law of the procedures before it issued by the royal decree No. (M/3) dated 22/1/1435 AH, and the state revenue law issued by royal decree No. ( AD / 68) and dated 11/18/1431 AH, and on the Royal Court telegram No. (35163) dated 06/27/1442 AH, containing the kind approval of what was directed by the Council of Ministers on 06/20/1442 AH, emphasizing that the administrative authorities should be collecting their revenues - In accordance with the state revenue law and its executive regulations - before the administrative courts of the Board of Grievances, and that these authorities arrange the priority of the bonds that are submitted according to what they estimate in their regard.
And based on the resolution of the General Authority of the Supreme Administrative Court No. (1) of 1441 AH, and on the resolution of the Administrative Judiciary Council No. 1442/6/ninth, dated 5/7/1442 AH.
He has Decided:
1. The procedures for enforcement submitted by the administrative authorities shall be approved as per the attached form.
2. The General Administration of Judicial Affairs department at the Board of Grievances shall follow up on these procedures and submit a detailed report on them, and the difficulties or obstacles faced by the courts, and the proposals it deems appropriate.
3. This resolution shall be communicated to whomever is required to implement it.
Chairman of the Board of Grievances
Chairman of the Administrative Judicial Council
Khalid Mohammed Al-Yousef
The Procedures for Enforcement Submitted by The Administrative Authorities
1- A- The enforcement request shall be submitted by means of a statement of claim filed by the administrative authority with the Cases Department at the competent administrative court pursuant to the procedures prescribed in Article (1/5) of the Law of Procedures before the Board of Grievances and its executive regulations. The request shall includes, instead of the subject matter of the case and its evidence, the data of the document to be executed.
B - The request shall be accompanied by the original bond and a copy of the notice and warning stipulated in Articles (13) and (14) of the State Revenue Law.
2- The Department of the Case shall register the request if it satisfies the requirement mentioned in the procedures, otherwise the request shall be deemed null and void. Such procedure shall be reasoned.
3- The venue jurisdiction of the court shall be over the place of residence or head office of the person whom the enforcement is sought, and if he has no known place of residence, then the venue jurisdiction of the court shall be vested pursuant to the place of issuance of the bond required to be enforced.
4- The request shall be referred as soon as it is registered to the competent circuit, and the defendant shall be notified of the request and the date of the session set for its consideration, provided that the date shall not exceed ten days from the date of the registration.
5- The request shall be decided ruled upon, when necessary, in the first session; even if the defendant did not attend. This shall only be done after verifying the jurisdiction and the conditions for accepting the request, and fulfilling the substantive and formal conditions of the executive document. In all cases, the request shall be decided upon within twenty days from the date of its referral to the circuit.
6- The copy of the judgment shall indicate the court that issued it, its place and the date, the circuit and its judges, the names and capacities of the parties, the domicile of each of them, their presence or absence, and the names of their representatives. The copy of the judgment shall also include a brief presentation of the facts of the request, the content of the executive document and the requests of the parties, then the reasons for and pronouncement of the judgment. The judges of the circuit and its secretary shall sign the original copy of the judgment, and it shall be kept in the file of the case prior to the date set for delivering a copy thereof.
7- After the judgment is pronounced, a date shall be set for delivering a copy of it not exceeding five days.
8- The circuit shall refer the judgment to the circuit secretariat two days prior the date of its delivery, and the secretariat shall immediately refer the judgment to the Department of the Case.
9- If the enforcement judgment is issued, the entity requesting the enforcement shall take the procedures stipulated in the State Revenue Law and its Executive Regulations.
10- It is permissible to request an appeal against the judgment issued in the request for enforcement within ten days from the date specified for delivering its copy, and this shall not result in the suspension of its enforcement unless ordered by the court hearing the appeal.
11- The Department of the Case shall refer the request to appeal to the competent Administrative Court of Appeal on the next day at most from its submission.
12- The appeal shall be decided and ruled within a period not exceeding ten days from its referral to the circuit.
13- The dispute regarding the enforcement of the bond ruled for enforcement shall be in a separate case. It shall be referred to the circuit that issued the enforcement judgment. The circuit may consider the motion to stay enforcement of the procedures in such dispute if this has been requested, and if the circuit believes that said enforcement would result in irreversible consequences.
14- With the exception of these procedures, the provisions of the Law of Procedures before the Board of Grievances and its executive regulations shall apply.