Capital Governorate Execution Department
Department Terms of Reference:
1.Undertake all the ordinary and compulsory execution procedures (sequestration of moveable properties, sequestration of the debtor’s property with third parties, sequestration of the real estate property and rights in kind, sequestration of shares, bonds, revenues and stakes), judgments passed in personal status matters (alimony, advance and deferred dowry, custody wage, nursing, housing, handing over and sighting a child, forfeiture of alimony and disobedience)
2.Inventory of the estate of deceased Kuwaitis, if the heirs include an adult absentee or a minor uncovered by the guardianship of the Public Authority for Minors Affairs, as well as the estates of non Kuwaitis if they heirs include an absentee or minor. This is in addition to the inventory of the estates of unidentified persons.
3.Take the reservation procedures for estates upon conducting inventory on them, handing them over, keeping and depositing the items which the Department deems to keep of the estate funds, sell items which are feared to be spoilt, stolen, reduced in value or needed for a special care.
4.Supervise the management of the estate elements used such as leased properties, commercial shops, factories, companies, etc., hand over the estate funds to the eligible heirs, others or to their legal representatives.
5.Receive the rent assumed to be received after offering it by the tenants to the leaseholders legally, and deposit the same in the Department treasury.
6.Notify the leaseholders of depositing the rent due vide a registered letter within five days of the date of deposit and payment to him.
7.Receive the fees due for the deposit and payment, except the amounts paid to their depositors in implementation of the judgments passed in favour of them against the Department, undertake the supply operations, prepare forms and confirm them in the personal accounts.
8.Write cheques issued by the Department to the concerned parties according to payment permits forms, issue cash deposit receipts according to the deposit permits issued by the Department sections and public prosecution.
The Department organizational structure is formed of the following units;
•Execution Control, consisting of the following sections:
oNotification and Roll Section, consisting of two branches:
•Representatives Branch, specialized with the notification of executive documents.
•Roll Branch: specialized with receiving all the judicial papers and executive documents and register them in the special roll.
oExecution Section, consisting of four branches as follows:
1.Individuals Execution Branch
2.Companies and Banks Execution Branch
3.State Treasury Funds Execution Branch
4.Offer and Deposit Branch.
The Section is concerned with the following;
1.Undertake all the ordinary and compulsory execution procedures.
2.Receive precautionary sequestration files, judgments and orders, and register them in the register prepared for this purpose before presenting them to the director of the Section.
3.The director of the Section shall distribute the execution files to the execution officers to undertake the procedures and shall annotate the roll with the type of procedures taken for the execution.
4.Receive summons and objections in lawsuits related to sequestrations and others in which the Execution Department is litigated.
5.Undertake the procedures for sequestration of moveable properties, sequestration of the debtor’s property with third parties, sequestration of real estate properties, rights in kind, and sequestration of shares, bonds, revenues and stakes.
The Offer and Deposit Branch is specialized with the following:
1.Prepare a special register in which the name of the depositor, name of depositee, the amount or thing intended to be deposited are registered.
2.The notices for offering money or other matters which may be transferred or deposited in the execution treasury are registered in the special register, then lodged in a special file.
3.The concerned employee shall issue the deposit form for the amount intended to be deposited or transfer it directly to the Financial Affairs in the Department in order to deposit the amount for the account of the depositee.
4.If the things intended to be deposited are golden jewellery, jewels, precious stones or the like, they shall be handed over to the Department treasury to keep, provided they are formally classified before depositing, vide an independent report. The said custody shall be marked with the essential relevant details, particularly the name of the depositor of the custody for his account, the matters included therein, name of the stamp holder and the number of stamps
5.If the things intended to be deposited are other than the above, they shall be kept in the prepare placed for the same in the Deposits Branch.
oPersonal Execution Section, specialized with the following:
1.Undertake ordinary and compulsory execution of the judgments passed in personal status matters, including:
2.Judgments passed for alimony, advance and deferred dowry.
3.Judgments passed for the custody, nursing and housing wage, handing over and sighting a child
4.Judgments passed for forfeiture of alimony and disobedience
oEstates and Rents Section, consisting of two branches:
1.Estates Branch, specialized with the following matters:
2.Inventory of the estate of deceased Kuwaitis, if the heirs include an adult absentee or a minor uncovered by the guardianship of the Public Authority for Minors Affairs, as well as the estates of non Kuwaitis if they heirs include an absentee or minor. This is in addition to the inventory of the estates of unidentified persons.
3.Take the reservation procedures for estates upon conducting inventory on them, handing them over, keeping and depositing the items which the Department deems to keep of the estate funds, sell items which are feared to be spoilt, stolen, reduced in value or needed for a special care.
4.Supervise the management of the estate elements used such as leased properties, commercial shops, factories, companies, etc.
5.Hand over the estate funds to the eligible heirs, others or to their legal representatives.
•Rents Branch specialized with the following:
1.Receive the rent assumed to be received after offering it by the tenants to the leaseholders legally, and deposit the same in the Department treasury.
2.Notify the leaseholders of depositing the rent due vide a registered letter within five days of the date of deposit and payment to him.
3.Receive the fees due for the deposit and payment, except the amounts paid to their depositors in implementation of the judgments passed in favour of them against the Department.
4.Undertake the supply operations, prepare forms and confirm them in the personal accounts.
5.Preparation of daily deposit and disbursement and verification in the Central Journal
6.Checking all the documents used and daily reconciliation of the daily disbursement treasury
7.Daily reconciliation of the Central Bank with the statements forwarded by the Bank, undertake settlements and trial balance of accounts.
8.Receive and deposit custody trusts and prepare the required receipt vouchers.
The Control consists of the following sections and branches:
oTreasury Section, specialized with the following:
1.Receiving amounts from the concerned parties according to the vouchers prepared in this respect.
2.Payment of amounts to the concerned parties according to the vouchers prepared in this respect.
3.Receive and hand over custodies and the deposit reports received by the Department according to the receipts and documents prepared in this respect.
oAudit and Bonds Section, consisting of two branches:
•Audit Branch, specialized with the following:
Auditing all the details of accounting documents circulated in the receipt and disbursement processes and the relevant accounting entries.
•Bonds Branch, specialized with the following:
1.Keep records under the names of the holders of discounts received from the ministries and authorities, and issue deposit vouchers for such discounts.
2.Issue cheque deposit vouchers received from the Department sections and lists of total disbursement forms received from the Personal Accounts Section and issue the disbursement vouchers.
oTreasury Accounting Section, consisting of three branches:
•Treasury Accounting, Custodies and Trusts Branch, concerned with the following:
1.Follow up of the records to track the daily movement of the amounts received by the receipts Fund.
2.Receive the incoming cheques according to deposit vouchers, track their movement and deposit them in the Department’s account with the Central Bank.
3.Control and follow up the daily movement of the cash disbursement operations and reconcile them daily with the expenditures fund advance.
4.Prepare the required documents for entry of the disbursement of cheques drawn from the Department’s account with the Central Bank.
5.Prepare the cash balance of the treasury account and the requirements for the inventory processes.
6.Prepare monthly settlements and reconciliations of the Department’s account with the Central Bank of Kuwait.
7.Issue receipt and handing over vouchers of the custodies deposited in the custodies and trusts Fund, issue reports for deposit of foreign currencies, trusts and selling them, and confirm the same in special registers.
•Journal and General Ledger Branch, specialized with the following:
1.Confirm all entries in the assistance journal and central journal.
2.Prepare monthly trial balance, conduct monthly reconciliations with the accounts and confirm the accounts movement and monthly balance in the general ledger.
•Cash Vouchers and Registers Branch, specialized with the following:
1.Issue cheques issued by the Department to the concerned parties according to the disbursement permits forms, issue cash deposit receipts according to the deposit permits issued by the Department sections and the public prosecution.
2.Confirm the handing over of the cheques and cash disbursement forms in the records, and confirm the recipient’s signature in the register and disbursement forms.
oPersonal Accounts Section, consisting of five branches:
•Rents Accounts Branch, specialized with the following:
1.Undertake accounting entries relevant to the rents and opening personal accounts for them.
2.Confirm the deposit and disbursement processes relevant to the objective notifications, as per copies of the supply receipt vouchers and according to the notices.
3.Confirm the value of disbursement forms in the tenants accounts and conduct monthly reconciliations between the total items of hte amounts entered in the personal accounts and between the central journal entries and general ledger.
•Estates Accounts Branch, specialized with the following:
Keep the accounts of the heirs according to the accustomed accounting systems and conduct monthly reconciliations with the central journal and general ledger.
•Alimony Accounts Branch, specialized with the following:
Keep the accounts for the awarded alimonies according to the accustomed accounting systems, and conduct monthly reconciliations with the journal and general ledger.
•Applications Accounts Branch, specialized with the following:
Keep the accounts for the execution f the civil and commercial judgments, arbitration tribunal awards, guarantees and financial bails accounts for the public prosecution, deposits according to the accustomed accounting system and conduct monthly reconciliations with the central journal and general ledger.
•Archive and Storage Branch, specialized with the following:
This Branch keeps all the documents and copies of incoming and outgoing transactions and completed procedures transactions in files prepared for this purpose.
•Administrative Affairs Control, specialized with the following:
1.Receive the applications of the Department personnel in connection with their affairs in terms of the leaves and sick leave applications, issuing the forms for delay and absence, and notifications of return from leave.
2.Receiving and storing personal custodies and disbursing them to the employees according to the forms prepared for this purpose.
3.Receiving the incoming transactions of the Department and confirm them in special records to this effect, and issue the outgoing letters of the Department to the concerned bodies after confirming them in the outgoing register typing the letters intended to be typed.
4.Accept the amounts intended to be deposited after rejecting them upon offering them legally and deposit the amounts permitted to be deposited by the courts and keep them pending their disbursement by a payment voucher to those entitled except hte deposit of the rent.
•The Control consists of the following sections:
oPersonnel Affairs Section, specialized with the following:
1.Supervise and follow up the implementation of the rules, regulations and circulars regulating the progress of work in the Department and review of the statistics issued by it, and approve them before presenting them to the Department manager.
2.General supervision of the accuracy of compliance with the official working hours of the Department.
3.Laying down the general plan for periodical leaves of the department personnel.
4.Prepare the recommendations for the promotions, increments, incentives and appointments, and present them to the Department manager before notifying the senior authorities in the Ministry of the same.
oCustodies Section, specialized with the following;
1.Inventory of custodies in the Department, supervise the ordering of permanent materials and their replacement.
2.Follow up hte stationary, papers and forms store and distribute them as per the needs of the sections.
3.Prepare the disbursement applications of the Department and prepare a perception on the required needs.
4.Follow up communication with the concerned bodies in the Ministry in connection with the custodies and providing the required needs.
5.Keep the books and cards concerned with the above items.
oOutgoing and Incoming Section, specialized with the following:
1.Receive all the incoming correspondences to the Department and register them in special records, then present them to the manager in order to transfer them to the concerned bodies.
2.Issue all the correspondences of the Department after entering them in special records, then forward them to the concerned bodies.