Article 28 of the Saudi Municipalities Law
المادة 28 من نظام البلديات والقرى
The head of the municipality is the first reference in its affairs and responsible for its management and employees, issues its decisions within the regulations, represents it before others and may delegate in writing.
Official text (Arabic)
This article has not been amended since the law was issued.
رئيس البلدية هو المرجع الأول في أمور البلدية وهو المسئول عن إدارتها وحسن قيام موظفيها بواجباتهم وفق الأنظمة والتعليمات النافذة، وله الحق في إصدار القرارات والتعليمات الخاصة بشئون البلدية بما لا يتعارض مع الأنظمة المرعية، وهو الذي يمثلها أمام الغير وله أن ينيب عنه خطيا من يمثلها من موظفي البلدية .
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 28 explained in plain English
This article sets out the position of the head of the municipality and the general powers:
- The first reference in the municipality's affairs.
- Responsible for its management, and for its employees performing their duties properly under the regulations and instructions in force.
- Entitled to issue decisions and instructions on the municipality's affairs, provided they do not conflict with the regulations in force.
- The municipality's representative before others, that is, in its dealings with individuals and other bodies.
- May delegate one of its employees to represent the municipality, on two conditions: the delegation must be in writing, and the delegate must be one of the municipality's employees.
In practice, anyone dealing with the municipality in a contract, dispute or official correspondence deals with its head or with an employee delegated in writing. The important limit on the head's decisions is that they must not conflict with the regulations; the power to issue decisions is not absolute.
It is followed by Article 29, which details the head's duties as head of its executive authority, including managing its revenues, expenditures and funds, preparing a comprehensive report on its activity every 4 months and submitting it to the municipal council, preparing and executing the draft budget, preparing the final account, concluding contracts, and monitoring and receiving the works carried out for it. Article 27 concerns the remuneration of chairmen and members of municipal councils.
Practical example
A cleaning company in Dammam sued the municipality over a dispute about amounts due under a contract. Under this article the municipality is represented by its head, who may delegate in writing one of the municipality's employees to represent it in this dispute.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 28 of the Saudi Municipalities Law
Who represents the municipality before others?
The head of the municipality, who may delegate in writing one of the municipality's employees to represent it.
Are the decisions of the head of the municipality unlimited?
No. The head may issue decisions and instructions on the municipality's affairs so long as they do not conflict with the regulations in force.
May the head of the municipality delegate someone from outside the municipality to represent it?
The text allows the head to delegate in writing one of the municipality's employees to represent it.
More articles on The Mayor and His Powers
- Article 6
The article distributes authority in the municipality between the municipal council, which exercises decision and oversight, and the head of the municipality, who exercises execution with the help of municipal bodies.
يتولى السلطات في البلدية : 1 - المجلس البلدي ، ويمارس سلطة التقرير والمراقبة. 2 - رئيس البلدية ، ويمارس سلطة التنفيذ بمعاونة أجهزة البلدية .
- Article 29
The article requires the head of the municipality, as head of its executive authority, to take the measures needed for it to perform its duties, including managing its funds, preparing and executing the budget and concluding contracts.
على رئيس البلدية بصفته رئيسا لسلطتها التنفيذية اتخاذ جميع التدابير اللازمة لقيام البلدية بواجباتها وفق هذا النظام وغيره من الأنظمة واللوائح والقرارات، وخاصة ما
- Article 30
The Minister of Municipal and Rural Affairs specifies which decisions of the head of the municipality need the Minister's approval or that of a delegate.
يحدد وزير الشئون البلدية والقروية قرارات رئيس البلدية التي تحتاج إلى تصديقه أو تصديق من يفوضه.
- Article 31
The Minister of Municipal and Rural Affairs, in agreement with the Minister of Interior, specifies the municipalities that need a municipal police and its numbers; members are chosen from the internal security forces and report to the head of the municipality.
يحدد وزير الشئون البلدية والقروية بالاتفاق مع وزير الداخلية، البلديات التي تحتاج إلى شرطة بلدية ، كما يحدد عدد أفرادها ورتبهم، ويتم اختيار شرطة البلدية من بين ر
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.