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Legislative Decree NO.41 of 2002
with Respect to Policies and
Guidelines of Privatisation
We, Hamad bin Isa Al
Khalifa King of the
Kingdom of Bahrain.
Having examined the
Constitution,
And upon the
submissions of the Minister of
Finance and National Economy, and
with the approval of the Council of
Ministers,
Hereby Decree the
following:
Article 1
Privatisation is a part of the
economic policy of the Kingdom of
Bahrain.
Article 2
The Council of Ministers shall
draw up, upon a proposal of the
Minister of Finance and National
Economy, and after seeking the
opinion of the Economic Development
Board, the Policies and Guidelines
of Privatisation for which an Edict
of the Prime Minister shall be
issued.
Article 3
The Council of Ministers shall
delegate the Ministry of Finance and
National Economy, in co-ordination
with the Economic Development Board
and the concerned Ministry, to make
the administrative and technical
preparations to implement the
Privatisation Scheme, and launch the
projects which are needed to
privatize them for the Private
Sector according to clear and
declared standards and rules.
Article 4
The Privatisation Programme shall
include the service and manufacture
Sectors, and in particular the
tourism sector, communications
sector, transport, electricity and
water, the ports and airport
service, oil and gas sector, postal
service and any other service and
production sectors.
Certain tourist areas may be
privatized and call it “Tourist
Areas” within the regulations which
shall be drawn up, and which shall
control the organization, finance
and manner of management of these
“Tourist Areas”, in accordance with
the standards and the bases of
development of international
tourism.
Article 5
Gradual privatization shall be
observed in order to achieve
absorbing the economic and social
changes and any other effects, in
consistency with stable and steady
growth of the economy, and to
achieve social peace and security.
Article 6
The projects which are needed to
be privatized shall be restructured
in accordance with the means decided
by the Council of Ministers, in
conformity with the international
trends in this respect.
Article 7
The financial revenues resulting
from privatization operations shall
be deposited in the general reserve
of the State, provided that these
revenues shall be used by a
resolution of the Council of
Ministers, and in particular for the
following purposes:
1. To spend on the restructuring
operations of the projects which are
needed to privatize them, and to
free them of any due debts.
2. To finance establishing new
economic projects which contribute
to achieving development.
3. To finance requalification of
the staff in the projects which were
privatized, and to settle their
financial dues.
Article 8
The Council of Ministers may
establish a separate share to which
some private rights shall be
attached in order to protect the
national interest, and this is in
exemption from the general rules
applicable to the companies.
Article 9
The Ministers, each in his
capacity, shall implement this law,
which shall come in effect from the
date of its publication in the
Official Gazette.
Signed: Hamad bin Isa Al Khalifa
King of the Kingdom of Bahrain
Khalifa bin Sulman Al Khalifa
Prime Minister
Abdulla Hasan Saif
Minister of Finance and National
Economy
Issued at Riffa Palace
On: 8th Shaban 1423 Hijra,
Corresponding to: 14th October 2002 |