Law No. 3 of 1975 on Commercial, Industrial and Similar Entities that Conduct Business with the Public

طباعة
 
Section: Part three (15-25)

  • Article 15 

    The police, as well as municipal employees authorised by the Minister of Municipal Affairs and Agriculture, shall have the power to act as judicial officers in the implementation of the provisions of this law, and to prove offences which contravene it or the bylaws and resolutions implementing it.
     

  • Article 16 

    In case of a violation of the provisions of this law or the bylaws or resolutions implementing it, a memorandum shall be released containing the information to be mentioned in the records, according to the form prescribed by a resolution of the Minister of Municipal Affairs and Agriculture, and a copy of this form shall be provided to the police station having jurisdiction over the area to take any necessary measures in accordance with law.
     

  • Article 17 

    The manager or supervisor of the business shall, along with the licence-holder, be responsible for any violation of the provisions of this law or the bylaws and resolutions implementing it.

  • Article 18 

    1.      Without prejudice to any other sanction provided for in this law, the licence may be cancelled or the business closed administratively or removed in accordance with a reasoned resolution of the President of the Central Municipal Council.
    2.      An executive decision may also be issued to close the shop completely or in part, permanently or temporarily. Such decision shall be enforced administratively.
    3.      In every case it shall be necessary, before the issue of the resolution cancelling the licence or closing or removing the business, to warn the person concerned in writing to cease the violation and prevent its consequences within 15 days from the date of the warning.

  • Article 19 

    1.      Without prejudice to the powers of the courts, an appeal against the warning in the preceding article shall be permitted by a resolution issued pursuant to the provisions of this law within fifteen days from the date of the warning.
    2.      The appeal and all supporting documents shall be submitted to the Minister for Municipal Affairs and Agriculture who shall rule on the appeal within thirty days from the date of its submission, and such ruling shall be final. 

  • Article 20 

     

    1.      Without prejudice to any more severe penalty provided for by any other law, any person who opens or manages a business without a licence or in contravention of a licence, or against whom a judgment is issued to close or remove the business, or whose business has been closed administratively, shall be sentenced to imprisonment for a period not exceeding one year or to a fine of not less than one thousand riyals and not more than ten thousand riyals, or to both.
    2.      In addition to the aforesaid penalties, a judgment may be issued ordering the closure of the business for a specified period or permanently, without prejudice to administrative closure or removal.
     

  • Article 21 

    1.      The closure or removal shall be implemented in relation to the entire business except to any part which is separate and licenced to conduct activities of a different type. Where the circumstances do not allow for the curtailing of the closure or removal, only that part where the violation occurred shall be closed or removed.
    2.      The concerned person shall be required to pay the costs of closure or removal.
     

  • Article 22 

    1.      A fine of not less than two hundred fifty riyals and not more than one thousand riyals, or a sentence of imprisonment for a term not exceeding two months, or both, shall be imposed for every other violation of the provisions of this law or the bylaws or resolutions implementing it.

  • Article 23 

    1.      The provisions of this Law shall apply to all businesses that fall under its jurisdiction, even where they were established before its promulgation.
    2.      Businesses established before the promulgation of this Law shall comply with its provisions, regularize their status, and obtain the necessary permits within six months from the date of its promulgation.
    3.      The Minister of Municipal Affairs and Agriculture, on the proposal of the Central Municipal Council, may extend the aforesaid period by not more than six months where necessary.

  • Article 24 

    The Minister for Municipal Affairs and Agriculture shall, based on a proposal by the Central Municipal Council, add provisions not covered by this law for the achievement of its objectives and he shall issue the bylaws, resolutions and forms necessary to implement such additional provisions.

  • Article 25 

    All competent authorities, each within its jurisdiction, shall execute this law which shall come into force on the date of its publication in the Official Gazette.

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