Wednesday, October 29, 2014

Legal Updates - October 29, 2014

RD 49/14 establishes the Public Authority for Mining


On September 22, 2014, RD 49/14 established the Public Authority for Mining (“Authority”) and its system. The Authority shall be affiliated with the MOCI and shall act as a legal entity with full authority and eligibility to own, manage, and dispense fixed and movable funds. The Royal Decree is effective from the date of its issuance.


The Royal Decree further highlights the key obligation and requirements of the Authority which includes the following:

  1. The Authority shall be based in the Governorate of Muscat.
  2. The Authority is entitled to establish and open branches in other Governorates of the Sultanate provided that an approval is made by the board of directors of the Authority.
  3. The Chairman of the board of directors of the Authority shall issue the regulations and decisions after being approved by the board of directors.
  4. The powers and prerogative, allocations and assets of the Directorate General of Mining at the Ministry of Commerce and Industry shall be transferred to the Authority.
  5. The employees and their current financial grades shall also be transferred from the Directorate General of Mining to the Authority.
  6. The Authority shall be governed by the Royal Decree and laws applicable to units of the State Administrative Apparatus.

MD 249/14 amends a provision of the MD 570 /12 on Regulation of Formation, Functioning and Registration of Trade Syndicates, Trade Unions and General Federation of Oman Trade Unions (“Trade Union Regulations”)


The MD 249/14 effective from September 7, 2014, amends Article 8(1) of the Trade Union Regulations.


Article 8(1) now provides that a “trade syndicate has an independent legal capacity and rights to represent its members and defend their interests before the Judicial authorities”. Post the amendment, it is clarified that a trade syndicate has the ability to represent its members and defend their interests before the judicial authorities.