Chapter 8 - Complaints Committee

(Articles 42 - 51)

Article 42:

A permanent Committee in the Ministry shall be formed upon a resolution by the Minister of Hajj to look into the complaints by the Mu'tamirun regarding the violations. The members of the Committee shall represent the Ministry of Hajj, the Ministry of Interior and the Ministry of Commerce.

Together with the names of the members of the Committee the resolution by the Minister of Hajj shall indicate the names of deputies who can substitute them in case of absence. One of the committee members and his deputy must be Shariah experts. By the same resolution, one of the members shall be nominated chairman of the Committee which shall also have a secretary appointed by the Minister of Hajj from the Ministry's officers.

Article 43:

The Ministry shall create a number of bureaus charged with receiving, investigating and documenting the complaints of the Mu'tamirun. The bureau shall also try to amicably settle the disputes related to the complaints failing which the complaints shall be referred to the Permanent Committee.

Article 44:

The Committee's jurisdiction is to investigate complaints by the Mu'tamirun and violations reported by official authorities against any of the Licensee, to recommend any of the penalties stipulated in Article 7 of the Decree, and to determine the monetary value of services not rendered by the Licensee to the Mu'tamir so as to be recovered by the Ministry from the former and returned to the latter.

Article 45:

In case of violations by the Licensee of the obligations stipulated in the Decree and in this By-law, the respective official authority shall request the Committee to impose on him one or more of the penalties mentioned in Article 7 of the Decree.

Article 46:

No meeting of the Committee is valid unless attended by the majority of members including the chairman or his deputy. The Committee's recommendations shall be passed by majority vote; in case of equal votes, the chairman shall have a casting vote. The recommendations must be justified and signed by all the Committee members. Any disagreeing member must have his opinion included in the minutes of the Committee's meeting.

Article 47:

After inspection of the Committee's recommendations, the Minister of Hajj can decide one or more of the penalties stipulated in Article 7 of the Decree deemed by him to be appropriate. The defendant has the right to appeal within 60 days to the Diwan al-Mazalim whose verdict is final.

Article 48:

The Committee's chairman oversees the Committee's activities, fixes its meeting schedules, and coordinates its tasks between himself and the rest of the members.

Article 49:

1. The parties concerned shall be notified at least seven days before the date fixed for the hearing of the complaint or violation provided that the notification includes a manifest of the complaint or the nature of the violation. The defendant or whoever is legally authorized to represent him must attend the hearing to present his defense and produce any relevant exhibits. The Committee should be prompt in examining the complaint or violation.

2. A decision on the complaint must be made within not more than thirty days from its lodging.

3. Subject to Article 45 of this By-law, for the examination of complaint to continue, the Mu'tamir is not required to remain in the Kingdom after the expiry date of his visa. However, he may, during his stay, attend the hearing or appoint a representative.

Article 50:

The parties concerned shall receive notification later concerning the date fixed for the hearing of the compliant or violation either by hand, or through telegraph, registered mail, express mail, fax or email. The absence of defendant shall not be an obstacle in the continuation of the hearings and examinations of the complaint/violation.

Article 51:

The defendant shall be notified by the Minister of Hajj of the penalty imposed on him by registered mail.