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The authority rules

The authority rules

Law No. 67 for the year 1983 regarding the foundation of the Public Authority for Minors' Affairs. After reviewing the articles 9,10,11 of the constitution, Law No. 4 for the year 1974 regarding the management of the minors' affairs, and Decree Law No. 67 for the year 1980; The Council of the Nation has approved the following law and we have ratified and issued it:

A public Authority for Minors' Affairs shall be founded with a legal personality and an attached budget. It shall be supervised by the Minister of Justice and it shall be called the Public Authority for Minors' Affairs. Such Authority shall have all the terms of reference conferred to the Trustee and the supervisor and shall be subject to the duties imposed on it according to the regulations of the law and the Civil Law unless they are inconsistent with Sharia. If there is no legal provision concerning it, Sharia law shall be effective.

Such Authority shall assume the functions of:

A- The trusteeship of Kuwaiti Minors who have no trustees.
B- The stewardship of the Kuwaiti incapacitated or incompetent or absentees whom the court has not identified a steward to manage their money.
C- The supervision of the actions of trustees or stewards if the court entrusted it to do so.
D- The management of the money of the thirds entrusted to it.

The Authority shall have a Board of Directors formed as follows:

1- The Minister of Justice shall be the chairman.
2- The Authority shall be the Director-General.
3- Seven Kuwaiti experienced efficient members are appointed for four renewable years by a decree based on a suggestion from the Minister of Justice. The Board shall choose one of its members to act as the Vice Chairman and shall be in charge of the sessions in case of the absence of the Chairman.

The Board of Directors shall meet at the call of its chairman, or the Vice Chairman, or three of the members.

The Board shall meet at least quarterly to consider its agenda and the Board meeting shall not be valid unless the majority of the members attend it in condition that the Chairman or the Vice Chairman is among them.

The Decision of the Board shall be issued by the absolute majority of the members present, In the event of a tie vote of the members of the Board of Directors the Chairman of the Board of Directors shall have the casting vote.

The board shall have a secretary in charge of recording and writing the sessions.

The reward of the Vice Chairman and the Board shall be determined by a decision taken by the Council of Ministers based on the proposal of the Minister of Justice. The Minister of Justice shall be entitled to consider the member resigned in case of being absence from the sessions for three consecutive times without an acceptable excuse.

The Board of Directors shall be in charge of making the public policy of the Authority, supervising its implementation, and issuing the necessary decisions for this matter. The Board shall be entitled to

1- Approve the annual report, the budget, and the final account of the minors.
2- Propose the projects of the laws concerning the work of the authority.
3- Adopt the administrative and financial regulations of the Authority.
4- Safeguard the minors' money abroad and show how to manage it and assign whoever needed for the job. The Board shall be entitled to form a commission from its members to decide on some matters and shall determine the issues that shall be presented to each commission.

Without prejudice to the article 3/137 of the Civil Law which shall be in force over the trustee, the Authority shall not be entitled to proceed with the following actions except with the permission of the Board of Directors:

A- Dispose of the property, transfer, change, or move it.
B- Dispose of the portables, personal rights, or stock except as fall within the normal management works.
C- Accept donations conditionalized with conditions or reject them.

D- Invest the money.
E- Do agricultural, industrial, and commercial businesses.
F- Lease out the properties for more than three years or for a period that exceeds even after the minor reaches the age of majority.
G- Implement the commitments agreed by the inheritor.
H- Fulfill optionally the legacy obligations.
I- Estimate the required expenditure for the minors.
J- Estimate the expenditure of preparing the residence or marrying off the minors.
K- Waive the rights and insurances.
L- Conciliation and arbitration.
M- Apportionment of the minors' money by mutual consent.

Except for the actions set forth in provisions C, K, and F, the Board shall be entitled to authorize the Director-General of the Authority or any other employees or commissions with certain restrictions or without restrictions.

While applying the provisions of the article 2/137 of the Civil Law, the trustee not the Public Authority for Minors' Affairs shall get a permission from the court before implementing the actions set forth in provisions A to M.

The Authority shall have a Director-General and a Vice Director-General appointed by a decree based on a suggestion from the Minister of Justice who determines the terms of reference of the Vice Chairman.

The Director-General shall represent the Authority and the minors before the judiciary.

In case of the absence of the Director-General, the Minister shall authorize one of his deputies to replace him to practice the terms of reference.  

Taking into account the provisions of the preceding Article, the Director-General shall manage the Authority, implement the decisions of the Board of Directors, put the policy approved by the Board in force, and be entitled in particular to:

1- Propose and present the draft budget and the final account of the minors.
2- Provide and present the annual report on the works of the Authority to the Board of directors as well as authorize one of his delegates to do one of his terms of reference .

The Public Authority for Minors' Affairs shall replace the Department of Minors' Affairs affiliated to the Ministry of Justice in addition that its staff shall be transferred to the Authority that shall as well have all the rights and duties of the Department.

The investment of the money of the Minors, the Incompetents, the Incapacitated, and the thirds, as well as other monies run by the Authority shall be in accordance with Islamic Sharia.

The Authority shall be entitled after obtaining a permission from the Board to invest a share of the funds under its name in a proportion that allows it to give the persons who are no longer under its legal capacity all their money as well as it shall distribute the profits of such projects to the persons under its legal capacity according to the percentage of their fixed balances.

The Authority shall have one comptroller or more than one appointed and which his annual reward is determined by the Board of Directors. The comptroller is in charge of monitoring the Authority's budget and its accounts for the year he was appointed in and are responsible for that in front of the Board of Directors.

The adult inheritors and money partners shall inform the Mayor of the region of the death and absence of the trustees within a week and the Mayor shall inform the Public Authority for Minors' Affairs of that.  

After receiving the reports set forth in the preceding article, The Public Authority for Minors' Affairs shall take the necessary actions for safeguarding the rights of the Minors and counting their fixed and movable capital.

The adult inheritors shall not be entitled to dispose of the legacy or the shared money as of the death date until the Public Authority for Minors' Affairs counts such money. It shall occur within three months of the notification of the Authority of the death date and each action taken by them shall be considered void within this period unless there is a written permission from the Authority.

The provisions of the preceding article shall apply to the partners of the absentee or the interdicted or legally incompetent persons. The Public Authority for Minors' Affairs shall appoint a trustee on his capital and the period set forth in the preceding article shall come into force from the notification date of the Authority of the decision issuing to appoint a trustee.

If the trustee is absent or interdicted or the Minors' money is in danger, the Public Authority for Minors' Affairs shall ask the competent court to dismiss him and it shall be entitled to assign a new trustee at the request of the Authority.

If the court rules that, it shall be entitled to appoint the Authority to take his place and he shall hand over all the money to the one takes his place in addition to providing a detailed account for the period of running the money during three months of the date of the verdict. If he refuses to hand over the account, the matter shall be brought to the court.

The court shall be entitled to appoint a trustee of litigation if the interest of the incompetent conflicts with the interest of his trustee or whoever has the custody over him. 

Without prejudice to the provision of the Article 821 of the Civil Law, the Public Authority for Minors' Affairs shall be in charge of running the shared money based on the approval of the partners or a decision issued by the competent court and in that case it shall be paid a 5% of the net revenue share of those no longer under its custody.

The provision of the article 22 shall apply to this sum of money.

The competent Court and the Board of the Authority shall be entitled to authorize the family of the minor to run his money in condition that they provide an annual account or annual report for that.

The Board of the Authority shall be entitled to authorize the brilliant minor after reaching 18 years old to manage all his money or some of it if it sees he is able to do so and it shall be entitled to withdraw or limit such permission.

Withdrawing the permission or limiting it shall not be conditionalized with official testimony.

The custody of the Authority shall end when the minor reach 21 years old, unless the court decides the continuation of the custody over him at the request of the Authority or the concerned parties or based upon the death of the minor or the return of the legitimate trusteeship to the father. In addition the custody of the Authority over the interdicted persons shall end by removing the interdiction from them.

The Authority shall hand over the money to the concerned parties within a period not exceeding 6 months under a record signed by the Director-General of the Authority or whoever delegates him. If the concerned parties fail to receive the money during the period in spite of calling them for doing so, the Authority shall bring the matter to the court to appoint a trustee over such money.

The Board of the Authority shall be entitled to decide cutting a no more 5% of the net return on investment of money managed by it on condition that it allocates the profit for the Public benefit.

The members of the board of directors and the staff of  the Public Authority for Minors' Affairs shall not be entitled to buy or lease out the money of those whom the Authority has custody on, or the money of the thirds run by it. They shall not be entitled to sell it directly or in directly or through auctions. Each action against the preceding paragraph shall be considered void.

Any violation against the provisions of the articles 13 and 17 shall be punishable by a fine not exceeding 500 kd.

The Law no. (4) of 1974, concerning the management of the minors affairs shall be nullified, and the regulations and decisions issued pursuant to this law shall be valid without any conflict with the provisions of this law until it is amended or repealed in accordance with its terms.

The Minister of Justice shall be committed to enforce this law and shall take effect on the date of its publication date in the official gazatte.