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Ministerial Resolution No. 14 of 2019
on the Procedures for Considering Grievances against Decisions Relating to Contracts Concluded by the Public Authority for Housing Welfare
Article 1
Decisions relating to contracts shall be published on the Authority’s approved website, and a grievance against any of these decisions shall be subject to the following:
– The grievance shall be submitted directly to the Secretary of the Grievances Committee at the Authority’s building – South Surra – either in writing or through the Authority’s approved e-mail, and free of charge.
– The grievance shall be submitted by the concerned party (the grievant himself) or his legal representative regarding any decision issued in violation of the provisions of the law or the regulations in force at the Authority, accompanied by the supporting documents.
– The grievance shall be submitted on the form prepared by the Authority for this purpose.
– The grievance shall be submitted to the Grievances Committee within (7) working days from the date of publication of the decision against which the grievance is filed or of the notification of the concerned parties thereof, whichever is earlier.
– The Secretary shall stamp a copy of the grievance with a stamp showing the date of its submission, and shall give the person submitting it proof of its receipt.
Article 2
A decision shall be issued by the Minister, after the approval of the Authority’s Board of Directors, forming the Grievances Committee.
Article 3
The Grievances Committee shall work in accordance with the following procedures:
– The committee competent for contracting at the Authority shall be notified of the grievances submitted to the Committee, and the Grievances Committee may recommend to the entity that issued the decision to suspend the procedures pending a decision on the subject of the grievance.
– The Secretary of the Committee shall prepare registers recording the grievances and the memoranda and documents attached to them, shall record the minutes of the Committee’s meetings and follow up the implementation of the decisions issued by it, and shall perform such other tasks as the Committee assigns to him. The register may be electronic, provided that it meets the conditions set out in the aforementioned Law No. (20) of 2014.
– The Secretary shall present the grievance to the Chairman of the Grievances Committee within a time limit ending at the close of the working day following the date of his receipt of the grievance, and shall, within the same period, notify the relevant committee and the competent sector of the subject of the grievance.
– The Grievances Committee shall hold its meetings whenever necessary, and a meeting shall be valid if attended by a majority of the Committee’s members, provided that the Chairman is among them.
– The Grievances Committee shall consider the grievance submitted to it, and may request from the concerned parties such clarifications and documents as it deems fit; it may also seek the assistance of such persons of expertise and specialisation as it deems fit to provide it with technical opinion on the subject of the grievance.
– The Committee’s deliberations shall be confidential.
– The Committee shall issue its recommendations with reasons and by a majority of the Committee’s members present, and in the event of a tie, the side with which the Chairman voted shall prevail.
– The Secretary shall follow up the implementation of the decisions issued on the grievances presented.
– The persons concerned with the grievance may also be notified by e-mail, in which case the e-mail and fax specified by the Committee shall be relied upon.
Article 4
The grievance shall be submitted and decided upon in accordance with the following procedures:
– The Grievances Committee shall issue its recommendation to the Authority’s Board of Directors within (7) working days from the date the grievance is referred to it.
– The Authority’s Board of Directors shall issue a final decision accepting or rejecting the grievance within (7) working days from the date the grievance is referred to it.
– The Secretary of the Committee shall notify the grievant, the entity competent for contracting and the concerned parties of the decision issued on the grievance, within a maximum period of (3) working days from the date the decision is issued.
– If no reply is made to the grievant, the grievance shall be deemed rejected.
Article 5
– Paragraph (8) of Article (5) of the aforementioned Ministerial Resolution No. (146) of 2014, Clause (4) of Article (2) of the aforementioned Ministerial Resolution No. (24) of 2016, the last paragraph of Article (3) of the aforementioned Resolution No. (32) of 2016, Clause (3.3) of Article (3) of the aforementioned Ministerial Resolution No. (3) of 2017, and Article (5) of the aforementioned Ministerial Resolution No. (54) of 2016 are hereby repealed.
– Every provision that conflicts with the provisions of this Resolution is hereby repealed.
Article 6
All competent sectors and departments shall implement this Resolution, which shall come into force from the date of its publication in the Official Gazette.
Issued on 14 April 2019 and published in the Official Gazette Kuwait Al-Youm on 21 April 2019.
