Law of Shura Council
Royal Order No. A/91
27 Sha’aban 1421 / 1 March 1992
Published in Umm-al-Qura Gazette, No. 3397
2 Ramadan 1412 / 5 March 1992
Article 1:
In compliance with Almighty God’s words:
“Because of the mercy of Allah you dealt with them gently. And were you severe, harsh-hearted, they would have broken away from about you; so pass over(their faults) and ask for (God’s) forgiveness for them ; and consult them in the affair. Then when you have taken a decision, put your trust in God. Certainly God loves those who put their trust(in Him).”(III, 159)
and His words
“Those who answer the call of their Lord (i.e. to believe that He is the only one Lord (God) and to worship none but Him Alone) and offer their prayer perfectly, and who (conduct) their affairs by mutual consultation, and who spend of what we have bestowed on them .” (XLII, 38)
and following His Messenger Peace Be Upon Him (PBUH) in consulting his Companions and urging the Nation to engage in consultation, The Shura Council shall be established to exercise the tasks entrusted to it, according to this Law and the Basic Law of Governance, while adhering to the Book of Allah and the Sunnah of his Messenger (PBUH), maintaining brotherly ties and cooperating unto righteousness and piety.
Article 2:
The Shura Council shall hold fast to the bond of God and adhere to the sources of Islamic legislation. All Members of the Council shall serve the public interests, and shall preserve the unity of the community, the entity of the State and the interests of the Nation.
Article 3:
The Shura Council shall consist of a chairman and one hundred and twenty members chosen by the King from amongst scholars, experts and specialists.
Article 4:
It is stipulated that the member of The Shura Council shall be as follows:
(a) A Saudi national by descent and upbringing.
(b) A person well known for uprightness and competence.
(c) A person of not less than 30 years of age.
Article 5:
Any member may submit a request to resign his membership to the Chairman of The Shura Council, who in turn shall bring it before the King.
Article 6:
If a member of The Shura Council fails to perform duties of his job, he shall be investigated and tried according to rules and procedures to be issued by Royal Order.
Article 7:
If a member’s position in The Shura Council becomes vacant for any reason, the King shall choose a replacement and issue a Royal Order to this effect.
Article 8:
No member of The Shura Council may exploit his membership for his own interest.
Article 9:
The membership of The Shura Council may not be combined with any governmental post, or with the management of any company, unless the the King deems it necessary.
Article 10:
The Chairman, the Vice Chairman, and the Secretary General of The Shura Council shall be appointed and relieved by Royal Orders. Their grades, rights, duties and all their affairs shall be defined by Royal Order.
Article 11:
Prior to assumption of their duties, the Chairman, the members and the Secretary General of The Shura Council shall take the following oath before the King:
“I swear by God Almighty to be loyal to my religion, then to my King and Country, and not to reveal any of the State’s secrets, to preserve its interests and laws, and to perform my duties with sincerity, integrity, loyalty and fairness.”
Article 12:
The city of Riyadh is the seat of The Shura Council. The Council may convene in another area within the Kingdom if the King deems it appropriate.
Article 13:
The term for The Shura Council shall be four Hijri years effective from the specified date in the Royal Order issued for its formation. A new Council shall be formed at least two months before the end of the current Council’s term. If the term expires before the formation of the new council, the previous one shall remain active until the new council is formed. When a new council is formed, the number of the newly selected members shall not be less than half of the Council’s members.
Article 14:
The King, or whomever he may deputize, shall deliver an annual Royal speech at The Shura Council on the domestic and foreign policy of the State.
Article 15:
The Shura Council shall express its opinion on the general policies of the State referred to it by the President of the Council of Ministers. The Council shall specifically have the right to exercise the following:
(a)Discuss the general plan for economic and social development and provide an opinion on it,
(b)Review laws and regulations, international treaties and conventions and concessions, and provide whatever suggestions it deems appropriate,
(c)Interpret laws,
(d)Discuss annual reports submitted by ministries and other governmental agencies, and provide whatever suggestions it deems appropriate.
Article 16:
A meeting of The Shura Council shall not be valid without a quorum of at least two-thirds of its members, including the Chairman or whomever he deputize. Resolutions shall not be considered valid without the approval of the majority of the Council members.
Article 17:
The Shura Council’s resolutions shall be brought before to the President of the Council of Ministers who shall refer them to the Council of Ministers for consideration. If the views of both Councils concur, the resolutions shall come into force following the King’s approval. If the views are at variance, the King may decide whatever he deems appropriate.
Article 18:
Laws, international treaties and conventions, and concessions shall be issued and amended by Royal Decrees after review by The Shura Council.
Article 19:
The Shura Council shall form the necessary specialized committees from amongst its members to exercise the powers within its jurisdiction. The Council may also form ad hoc committees to discuss any issue on its agenda.
Article 20:
The Shura Council’s committees may seek the assistance of whomever they see fit of non-council members upon the approval of the Chairman of the Council.
Article 21:
The Shura Council shall have a general panel composed of the Chairman of the Council, his deputy and heads of the specialized committees.
Article 22:
The Chairman of The Shura Council shall submit to the President of the Council of Ministers requests to summon any government official to the sessions of The Shura Council when matters relating to his jurisdiction are discussed. He shall have the right to participate in the discussion but not the right to vote.
Article 23:
Any group of ten members of The Shura Council have the right to propose a new draft law or an amendment to a law already in force and submit it to the Chairman of the Council. The Chairman shall submit the proposal to the King.
Article 24:
The Chairman of The Shura Council shall submit a request to the President of the Council of Ministers to provide the Council with statements and documents in the possession of government agencies, which the Council deems necessary to facilitate its work.
Article 25:
The Chairman of the Shura Council shall submit an annual report to the King regarding the Council’s work in accordance with provisions of the Internal Regulations of the Council.
Article 26:
Civil service laws shall apply to the employees of the Council’s bodies unless the regulations provide otherwise.
Article 27:
The Shura Council shall be allocated a special budget to be approved by the King. It shall be spent in accordance with rules to be issued by Royal Order.
Article 28:
The Shura Council’s financial matters, auditing and closing accounts shall be instituted in accordance with special rules to be issued by Royal Order.
Article 29:
The regulations of The Shura Council shall define the functions of its Chairman , the Vice Chairman, the Secretary General, its bodies, the methods of conducting its meetings, the management of its work and its committees’ work and the voting procedure. The regulations shall also specify rules of debate, principles of responding, and other matters conducive to order and discipline within the Council, so that it may exercise its jurisdiction for the welfare of the Kingdom and the prosperity of its people. These regulations shall be issued by Royal Order.
Article 30:
Amendment to this Law can only be made in the same manners of its promulgation.
INTERNAL REGULATIONS OF THE SHURA COUNCIL
Part One
Powers of The Chairman of the Council, The Vice Chairman and the Secretary General
Article 1:
The Chairman of the Council shall supervise all of the functions of the Council, Shall represent it in its relations with other agencies and organizations and shall be its spokesman.
Article 2:
The Chairman of the Council shall head all sessions of the Council and the meetings of the General Panel as well as the committee meetings he attends.
Article 3:
The Chairman of The Shura Council shall open and adjourn the Council’s sessions, manage its discussions and participate in them, give the floor, specify the topic for discussion, draw the attention of speakers to the time limit and the subject matter of discussion, end discussion and put matters to a vote. He may do whatever he deems necessary to maintain order during sessions.
Article 4:
The Chairman of The Shura Council may call the Council, the General Panel or any other committee for an emergency session to discuss a specific topic.
Article 5:
The Vice Chairman of The Shura Council shall assist the Chairman when present and assume his powers in his absence.
Article 6:
In the absence of the Chairman, the Vice Chairman shall preside over the Council’s sessions and the meetings of the General Panel. In case both are absent, whomever is designated by the King shall preside over the Council.
The Vice Chairman and the King’s designee shall have the same powers specified for the Chairman.
Article 7:
The Secretary General or whoever acts for him shall attend the Council’s sessions and the meetings of the General Panel. He shall supervise the taking of the minutes and announce to the members the schedule and agenda of the sessions. In addition, he shall attend to all duties assigned by the Council, by the General Panel or by the Chairman of the Council. He shall be accountable before the Chairman of the Council regarding all the financial and administrative affairs of the Council.
Part Two
The Council’s General Panel
Article 8:
The Council’s General Panel shall consist of the Chairman of the Council, his deputy and heads of the Council’s specialized committees.
Article 9:
The General Panel’s meetings shall not be valid unless attended by at least two thirds of its members. It shall pass resolutions by majority vote of members present. In case of a tie, the Chairman shall cast the deciding vote.
Article 10:
The minutes of every meeting of the General Panel shall indicate the time and place of the meeting, the names of those present and absent, a summary of the discussions and the text of the recommendations. The minutes shall be signed by the Chairman of the meeting and the members present.
Article 11:
The General Panel shall have power to perform in the following:
(a) The preparation of a general plan for the Council and its committees to enable it to perform its duties and realize its objectives.
(b) The preparation of the agenda of the Council sessions.
(c) Deciding upon objections referred to it by the Council’s Chairman or the Council regarding the contents of the session minutes, the results of voting, the counting of votes or any other objections raised during Council sessions, and its decision thereon shall be final.
(d) Issuing the necessary rules of the Council to regulate its work of and its committees in accordance with the Law and regulations of the Council.
Part Three
Sessions
Article 12:
The Shura Council shall hold a regular session at least once every two weeks. The date and time of a session shall be determined pursuant to a decision by the Council’s Chairman. He may advance or postpone sessions when necessary.
Article 13:
The agenda of a session shall be distributed to the members before convening the session along with reports pertaining to topics listed on the agenda items and whatever the General Panel deems necessary.
Article 14:
The member of The Shura Council shall review the agenda within the premises of the Council, and in no case shall he take any papers, laws or documents related to his job outside the Council.
Article 15:
A member who wants to address the council during the session shall submit a request in writing, and requests shall be listed in order of submission.
Article 16:
The Chairman shall permit a members to speak taking into consideration the order of receipt of their requests and whatever is appropriate for the discussion.
Article 17:
A member shall not speak on a single topic for more than ten minutes, without the permission of the Chairman. A member shall only address the Chairman or the Council, and none but the Chairman shall be allowed to interrupt the speaker.
Article 18:
The Council may postpone discussion of topic or may restudy it, and the Chairman may temporarily adjourn the session for no more than one hour.
Article 19:
There shall be minutes for each session which states the venue and date of the session, the time it started, the name of its chairman, the number of members present, the names of those absent and the reasons for their absence, if any, a summary of the discussions, the numbers of those voting in favor and those voting against, the result of the vote, the texts of the resolutions, whatever is related to the postponement or suspension of the session and the time of its adjournment, as well as any other matter the Chairman wishes to record.
Article 20:
The Chairman of the Council as well as the Secretary General or whoever is acting for him shall sign the minutes after it has been read to the Council, and any member shall have the right to view it.
Part Four
Committees
Article 21:
The Shura Council shall, at the outset of its term, form the necessary specialized committees from amongst Council members to exercise its powers.
Article 22:
Each specialized committee shall be formed of a number of members to be determined by the Council, provided that the number is not less than five. The Council shall select these members and name from amongst them the chairman of the committee and the vice chairman, taking into consideration members’ qualifications and committee’s needs. The Council shall also form ad hoc committees to study a certain topic, and each committee may form one or more sub-committees from among its members to study a specific topic.
Article 23:
The Council may reconstitute its specialized committees and form others.
Article 24:
A committee chairman shall manage its work and speak on its behalf before the Council. In the absence of the chairman, his vice chairman shall replace him. In the absence of the chairman and the vice chairman the eldest member shall chair the committee.
Article 25:
The committee shall convene upon the invitation of its chairman, the Council or the Chairman of the Council.
Article 26:
Committee meetings shall be held in camera, and they shall not be considered valid unless at least two thirds of the committee members are present. Each committee shall prepare its agenda upon its chairman’s suggestion, and shall issue its recommendation by majority vote of the members present. In case of a tie the Chairman shall cast the deciding vote.
Article 27:
Committees shall review whatever is referred to them by the Council or its Chairman, and if the topic concerns more then one committee, the Chairman of the Council shall decide which committee is most qualified to review it, or he may refer it to a committee comprising all members of the committees concerned under the chairmanship of the Chairman of the Council or the Vice Chairman.
Article 28:
Any Council member may express his opinion on any topic that has been referred to the one of the committees, even if he is not a member of that committee, provided that his opinion is presented in writing to the Chairman of the Council.
Article 29:
There shall be minutes of each committee meeting, stating the date and venue of the meeting, the names of members present and absent, a summary of the discussions and the text of its recommendations. The chairman and the members present shall sign the minutes.
Article 30:
When the committee completes the review of a certain topic it shall write a report that includes the basis of the topic referred to it, the committee’s point of view, its recommendation and the reason on which the recommendation was based and the opinion of the minority if any.
Part Five
Voting And Adoption Of Resolutions
Article 31:
Council resolutions shall be adopted by majority as provided for in Article 16 of the Law of Shura Council. In case a majority is not attained, the topic shall be rescheduled for voting in the following session. In the event the topic does not win a majority in this session, the issue shall be brought before the King along with any relevant study as well as the results of the voting in both sessions.
Article 32:
No discussion or presentation of new opinions shall be allowed during the voting process. In all cases, the Chairman shall vote after the members have voted.
Part Six
General Provisions
Article 33:
The Chairman of Shura Council shall submit the annual report as set forth in Article 25 of the Law of the Council within the first three months of the following year. This report shall include all the studies and activities carried out that year in addition to all resolutions adopted and the current status of all issues pending before the Council.
Article 34:
Financial and personnel affairs of the Council shall be regulated in accordance with its financial and personnel regulations. The Chairman of the Shura Council shall issue the necessary rules regulating administrative and financial activities of the Council, including the organizational hierarchy and the duties of the various departments and the Council in accordance with the Law and regulations of the Shura Council.
Regulations of the Rights and Duties of Shura Council Members
Article 1:
Membership of the Shura Council shall take effect from the beginning of the Council’s term as specified in the order of its formation according to Article 13 of the Law of the Council. A substitute member’s term of office shall commence on the date specified in the Royal Order appointing him and shall expire at the end of the Council’s term. In case the term of the Council ends before the new Council is formed, his membership shall remain valid until the new Council is formed, unless his membership is terminated.
Article 2:
A member of the Shura Council shall receive a monthly remuneration of twenty thousand Saudi Riyals during his term of office, and shall be treated like an employee of the fifteenth grade in terms of allowances, increments, compensations ,privileges , and vacations. This shall not affect the pension to which a member may be entitled.
Article 3:
A full-time Council member, who prior to his appointment held a public position, shall retain the position and grade he held before joining the Council. His term of office in the Council shall be taken into consideration with respect to increments, promotions and retirement. The member shall pay, during membership, his pension premiums according to the salary of his original position. A member shall not receive both the Council’s remuneration and the salary from his (original) position at the same time. In case a member’s salary exceeds his remuneration in the Council, he shall be paid the difference by the Council. If his (original) position provides him with greater benefits than those provided by the Council, the member shall continue receiving them.
Article 4:
In exception to Article 2 of these regulations, a Council member shall be granted a forty five – day annual vacation. The scheduling of his vacation shall be decided by the Chairman, who shall ensure that granting vacations or leaves of absence shall not affect the quorum needed for convening Council sessions.
Article 5:
The member of the Council shall adhere to total impartiality and objectivity in all his activities at the Council. He shall not raise before the Council an issue related to a private interest or an issue conflicting with public interest.
Article 6:
The member of the Council shall regularly attend Council sessions and its committee meetings. He shall notify the Chairman of the Council or a committee chairman in writing in case he is not able to attend a Council session or a committee meeting. He shall not completely leave a Council session or a committee meeting before adjournment without permission from the Chairman of the Council or the committee chairman, respectively.
Rules Regulating Financial and Personnel Affairs of The Council
Article 1:
The fiscal year of the Shura Council shall be the same as the State’s.
Article 2:
The Chairman of the Shura Council shall prepare a draft of the Council’s annual budget and bring it before the King for approval.
Article 3:
The Council’s budget, after its approval , shall be deposited with the Saudi Arabian Monetary Agency, and withdrawal therefrom shall be against the signature of the Chairman or the Vice Chairman.
Article 4:
If the allocated funds in the Council’s budget do not cover all of its expenditures, or an unforeseen expenditure arises, after the budget has been prepared, the Chairman shall prepare a statement for the required additional funds and bring it before the King for approval.
Article 5:
Titles and grades of positions at the Council shall be determined in its budget and they may be modified and downgraded during the fiscal year by a decision of the Council’s Chairman.
Article 6:
Fourteenth and Fifteenth grade positions shall be filled by the King’s approval , while other Council positions shall be filled according to the Law of Civil Service and its regulations and they shall be exempted from rules governing (job) competition.
Article 7:
The General Panel of the Council shall set rules for remuneration of non-members who render services to the Council, be they government employees or others. These rules shall be issued by a decision from the Chairman of the Council.
Article 8:
The Shura Council shall not be audited by any other agency, and there shall be a pre-spending finance department within the administrative structure of the Council,. The General Panel of the Council shall undertake the auditing. The Chairman of the Shura Council may assign a financial or administrative expert to write a report on any of the Council’s financial or administrative affairs.
Article 9:
At the end of the fiscal year, the General Secretariat of the Council shall prepare the closing account and bring it before the King for approval.
Article 10:
Without prejudice to the provisions of these regulations, the Council’s financial affairs and accounts shall be governed by the rules observed by ministries and governmental agencies in their accounts.
Rules and Procedures for Investigation and Trial of Shura Council Members
Article 1:
If a member of The Shura Council fails to perform any of his duties, he shall be subject to one of the following penalties:
(a) A written reprimand shall be directed to him.
(b) A deduction of one month’s salary.
(c) Termination of membership.
Article 2:
A committee of three Council members selected by the Council’s Chairman shall conduct the investigation.
Article 3:
The committee shall inform the concerned member of the alleged violation. The committee shall hear his statements and put on record his defense in the minutes of the investigation., the committee shall bring the results of the investigation to the General Panel of the Council.
Article 4:
The General Panel may form a three-member committee from amongst its members, excluding the Chairman and the Vice Chairman, to try the member accused of the alleged violation . This committee may impose the penalty of reprimand or deduction. If the committee decides that the membership be revoked, the matter shall be referred to the Chairman of the Shura Council, who shall, in turn, bring it before the King.
Article 5:
The application of any of the above penalties shall not preclude the filing of public or private claims against the member.