Department's Terms of reference:
1.Estimate the fees due on all claims, requests and orders submitted to the Department by the concerned parties, in accordance with the Fees Law and the ministerial decrees regulating them
2.Audit and review the estimation orders and examination of the proceedings.
3.Examine the adjudicated cases and estimating the total fees payable in light of the final requests.
4.Issue orders for estimating the value of the fees payable on the adjudicated cases.
5.Claim the fees payable on duty-free lawsuits subject to the law, as well as the lawsuits for which an exemption decision or a judgement is issued, issuing orders to estimate the fees due thereon.
6.Claim the collection of the fines rules for in civil cases.
The organizational structure of the Department consists of the following divisions:
Director of the Judicial Fees Department, responsible for its functions and entrusted with the following:
1.Oversee all Department staff.
2.Develop the developmental and operational plan of the Department, achieving its objectives and following up its completion, within the General Plan of the Ministry, in coordination with the Department of Administrative Development, Training and Planning.
3.Implement the decisions, circulars and administrative bulletins concerning the proper functioning and organization of work, as well as the implementation of the objectives and general policy of the Ministry.
4.Implement the objectives and general policy established by the Ministry and monitoring the application of the regulations and decrees governing the functioning of the various controls and sections within the Department.
5.Develop a plan for periodic leaves of the Department staff.
6.Take such measures as deemed appropriate to collect the dues of the public treasury of the State, distributing the work on organizational divisions.
7.Other relevant works entrusted to the Department.
Secretariat Section, reporting directly to the Department Director, entrusted with the following:
1.Undertake all the outgoing/incoming works related to the Department.
2.Oversee the Department staff adherence to the official working hours.
3.Organize and keeping Department employees' files and following up all related matters with the concerned authorities
4.Perform all printing and photocopying works within the Department.
5.Other relevant works as entrusted.
The Secretariat Section consists of two divisions:
•Outgoing/Incoming Division, entrusted with the following:
1.Perform all outgoing and incoming work related to the Department.
2.Oversee the Department staff adherence to the official working hours.
3.Other relevant works assigned to the Section.
•Archiving and Printing Out Division, entrusted with the following:
1.Organize and maintain the files of the Department staff, following up all related matters with the concerned authorities
2.Undertake all printing and photocopying works inside the Department.
3.Other relevant works as entrusted.
•Judicial Fees Control in the Capital Court, entrusted with the following:
1.Estimate the fees due on all lawsuits, orders and performance orders, as well as the total fees in light of the final requests upon issuance of the preliminary judgments.
2.Prepare the orders for estimating the fees and expenses payable on the adjudicated cases, preparing the requests for enforcing the orders for estimating the fees and expenses.
3.Issue orders for fees and expenses estimation for duty-free lawsuits, in accordance with law and the lawsuits for which an exemption decision or judgement is issued.
4.Audit and review the fees of adjudicated cases, the orders for estimating the fees and expenses, the requests for estimating the attorneys' actual fees and requests for refund of fees.
5.File the writ of executive at the Execution Department.
6.Collect legal fees for all lawsuits, expert charges and their fees and payment and collection of (civil - criminal) guarantees.
7.Open files for the documents relating to the fees payable on the lawsuits, listing the guarantees legally obsolete and notifying the competent authority with the same to proceed with the confiscation proceedings.
8.Computerize the data included in the forms of fees and experts' charges.
9.Other relevant works as entrusted.
Control consists of (6) Sections, namely:
Fees Estimation Section, entrusted as follows:
1.Estimate the fees payable on all lawsuits, requests and performance orders submitted to the Department by the concerned parties, in accordance with the Law of Fees and its regulative ministerial decrees.
2.Study the requests for disputes on fees' estimation, submitting a memorandum to the Director of the Department in preparation for presenting the same to the Technical Office.
3.Computerize collection forms pertaining to experts' charges, amending the already computerized requests in preparation for payment.
4.Other relevant work as entrusted.
Lawsuits Review Section, entrusted as follows:
1.Receipt of files from the Follow-Up Section, the First Instance Court Book Department, to be examined.
2.Examine the adjudicated cases and estimating the total fees in the light of the final requests after the issuance of the preliminary judgment and approving those requests on judgment document.
3.Open files containing all documents related to the fees due on lawsuits.
4.Computerize the relevant data included in the collection forms pertaining to the fees payable on the lawsuits.
5.Forward the original case file to the Audit and Review Section.
6.Forward copies of the judgments issued in the adjudicated cases to the computer and manually to the Audit and Audit and Review Section and then to the Claims Section.
7.Examine attorney fees' lawsuits, adjudicated in the Court of Appeal.
8.Automatic confiscation of the civil guarantees in the Court of First Instance.
9.Other relevant works as entrusted.
Claims Section, entrusted as follows:
1.Issue orders to estimate the fees and expenses payable on the adjudicated cases.
2.Claim the fees payable on the duty-free cases, in accordance with the law, as well as the cases for which an exemption decision or ruling is issued, in addition to issuing orders for estimating the fees and expenses payable thereon.
3.Follow-up requests for exemption from judicial fees, submitted to the judge of exemptions by the concerned parties.
4.Undertake amicable requests for individuals and companies, due to the Public Treasury after issuing orders to estimate fees or expenses thereon.
5.Open an execution file to claim civil fines (civil fines approved by the First Instance Court - civil fines approved by the Court of Appeal).
6.Follow-up executive procedures for the collection of civil fines.
7.Submit applications to amend the orders for estimating the due fees or expenses before the competent court judge, when necessary.
8.Issue orders for complementary estimate of fees or expenses if requests arise during the course of the proceedings.
9.Submit an application to administratively archive the order for the estimation of fees and expenses.
10.Prepare requests to gather the original orders files and submit them to the head of the competent department.
11.Other relevant works as entrusted.
Orders Execution Follow-up Section, entrusted with the following:
1.File the writ of execution at the Execution Department.
2.Submit the requests for implementing the orders of fees and expenses' estimation and follow-up of the executive procedures (announcement – notifying the attendance – confiscating debtor's property favor third parties – travel banning - detention of vehicles).
3.Request the file of archiving the judicial fees estimation orders.
4.Entry of the collection forms on the implementation of the substantive judgment in the rent claims (the updates) and the appeals in which an increase is ruled for, in preparation for deducting the same from the accounting system in the Execution Department.
5.Other relevant works as entrusted.
Fund Section, entrusted with the following:
1.List the guarantees that have become legally obsolete, notifying the Financial Department at the Ministry to undertake confiscation procedures.
2.Collect the legally prescribed fees for all cases brought before the courts.
3.Collect the amounts estimated for experts' fees and charges.
4.Prepare the fees for the presentation, deposit and disbursement of real estate rent values.
5.Prepare and approve the lists of delivering the collected cash according to collection receipts, subject to the circulars or instructions issued in this regard.
6.Payment and collection of all types of civil and criminal guarantees.
7.Other relevant works as entrusted.
Audit and Reviewing Department, entrusted with the following:
1.Review the fees of the adjudicated cases forwarded by the Lawsuits Review Section.
2.Review the orders for fees and expenses' estimation.
3.Audit the requests for fees' refund submitted by the concerned parties, providing legal opinion thereon.
4.Prepare judicial fees refund forms, sending them to the Finance Department at the Ministry.
5.File a memorandum, when necessary, for the legal opinion of the Technical Office in respect of any controversial matter relating to judicial fees.
6.Receive and send files automatically from/to the Lawsuits Review Section and Archives Section at the Court of First Instance.
7.Receive and send orders to estimate fees and expenses automatically from/to the Claims Section.
8.Other relevant works as entrusted.
•Control judicial fees in Hawally court.
•Control judicial fees in Farwaniya Court.
•Control judicial fees in the courts of Ahmadi and Mubarak al-Kabeer.
•Control judicial fees in Jahra Court.
Each of the above controls consists of the following sections:
•Fees Estimation Section
•Lawsuits Review Section
•Claims Section
•Order Execution Section
•Fund Section.
•Audit and Review Section
The above-mentioned controls and its sections shall have the same functions as those sentrusted with the control of judicial fees in the Capital Court and its divisions.