Hawalli Governorate execution dept.

Hawally Governorate Execution Department
Department Terms of Reference
1.Undertake all the ordinary and compulsory execution procedures (sequestration of moveable property, garnishing, sequestration of real estate and rights in kind, sequestration of shares, bonds, revenues and stakes), judgments passed in personal status matters (alimony, advance and deferred dowry, custody, nursing and housing wage, handing over and sighting of a child, forfeiture of alimony and disobedience).
2.Inventory of estate of deceased Kuwaitis, if one of the heirs is an adult or minor absent person uncovered by the guardianship of the Public Authority for Minors Affairs, as well as the estates of non Kuwaitis, if one of the heirs is absent or minor. This is in addition to the inventory of the estates of those with unknown identifies.
3.Take the precautionary procedures on estates upon their inventory, taking over, keeping them, depositing the estate funds deemed by the Department, sell those feared to be damaged, stolen or devalued or which require a special care.
4.Supervise the estate elements management used such as leased real estate, commercial shops, factories, companies, etc., and hand over the estate funds to the eligible heirs, others or their legal representatives.
5.Receive the rent supposed to be received after offering them by the tenants to the leaseholders according to a legal offering or deposit them in the Department’s treasury.
6.Write cheques issued by the Department to the concerned parties according to the disbursement permits forms and issue cash deposit receipts according to the deposit permits issued by the Department sections and the Public Prosecution.

The Department’s organizational structure consists of the following units:
•Execution Control, consisting of the following sections:
oNotification and Roll Section, consisting of two divisions:
•Representatives Division: specialized with the notification of executive documents.
•Roll Division: specialized with receiving all the judicial papers and executive documents and listing them on the special roll
oExecution Section, consisting of four divisions as follows:
•Individuals Execution Division.
•Companies and Banks Execution Division.
•General Treasury Funds Execution Division
•Presenting and Deposit Division
The Section is specialized with the following:
oUndertake all the ordinary and compulsory execution procedures.
oReceive files, judgments and provisional sequestration, and entering them in the register prepared for this purpose before presenting them to the director of the Section.
oThe Section director undertakes the distribution of the execution files to the execution officers to undertake the procedures. The roll shall be annotated with the type of procedures taken in the execution.
oReceive summons and objections in the cases related to sequestrations and other cases in which the Execution Department is litigated.
oUndertake the procedures of the sequestration of moveable properties, garnishment, sequestration of real estate properties and rights in kind, and sequestration of shares, bonds, revenues and stakes.

•The Presentation and Deposit Division is specialized with the following;
1.Preparing a special register in which the name of the depositor, depositee, amount or thing intended to be deposited shall be recorded.
2.To record in a special register the notifications for proposing funds or other items which may be transferred or deposited in the execution treasury, then enter them in a special file.
3.The concerned employee shall write the deposit form of the amount intended to be deposited and forward it directly to the Financial Affairs in the Department to deposit for the account of the depositee.
4.If the things intended to be deposited are golden jewelry, jewels or precious tones or the like, they shall be delivered to the Department treasury for keeping, provided they are classified before depositing by an independent report.  The said custody shall confirm the substantial relevant details, particularly the name of the depositor of the custody for his account, the things placed therein, the name of the stamp owner and the number of stamps.
5.If the things intended to be deposited are other than those stated above, they shall be kept in the location prepared for this purpose in the Deposits Division.

oPersonal Execution Section, specialized with the following;
1.Undertake ordinary and compulsory execution of the judgments passed in personal status matters, including the following:
2.Judgments passed for alimony, advance and deferred dowry.
3.The judgments passed for the custody, nursing and housing wage, handing over and sighting a child.
4.Judgments passed for forfeiture of alimony and disobedience.

o Estates and Rents Section, consisting of two divisions:
•Estates Division, specialized with the following:
1.Inventory of estate of deceased Kuwaitis, if one of the heirs is an adult or minor absent person uncovered by the guardianship of the Public Authority for Minors Affairs, as well as the estates of non Kuwaitis, if one of the heirs is absent or minor. This is in addition to the inventory of the estates of those with unknown identifies.
2.Take the precautionary procedures on estates upon their inventory, taking over, keeping them, depositing the estate funds deemed by the Department, sell those feared to be damaged, stolen or devalued or which require a special care.
3.Supervise the estate elements management used such as leased real estate, commercial shops, factories, companies, etc., and hand over the estate funds to the eligible heirs, others or their legal representatives.
4.Hand over the estate funds to the eligible heirs, others or their legal representatives, each according to his dues thereof.
•Rents Division, specialized with the following:
1.Receive the rent supposed to be received after offering them by the tenants to the leaseholders according to a legal offering or deposit them in the Department’s treasury.
2.Notify the leaseholders of depositing the rent due vide a registered letter within five  days of the date of the deposit and payment of the same to them.
3.Receive the fees dues for the deposit and disbursement, except the amounts paid to their depositors in execution of the judgments passed in their favor against the Department.
•Treasury Division, specialized with the following:
1.Receive the amounts form the concerned parties according to the documents prepared in this regard.
2.Payment of the amounts to the concerned parties according to the documents prepared in this respect.
3.Receive and hand over custodies and the deposit reports received by the Department according to receipts and the documents prepared for this purpose.
•Auditing and Bonds Division, specialized with the following;
1.Auditing all the accounting documents details circulated in the receipt and payment processes and the relevant accounting entries.
2.Keep registers of the names of the owners of discounts received from the ministries and authorities, and issue the deposit receipts for such discounts.
3.Issue receipts for deposit of cheques received from the Department sections and the total disbursement forms lists received from the Personal Accounts Seciton and issuing the disbursement notes.
•Treasury Accounting Division, specialized with the following;
1.Follow up the registers in order to adjust the daily movement of the amounts received by the Receipts Fund.
2.Receive the incoming cheques according to the deposit receipts, adjust their movement and deposit them in the Department’s account with the Central Bank of Kuwait.
3.Control and follow up the daily movement of the cash disbursement processes and reconcile them daily according to 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.Count the cash balance of the treasury account and the requirements for the inventory process.
6.Prepare the monthly settlements and reconciliations of the Department’s account with the Central Bank of Kuwait.
7.Issue receipt and delivery vouchers of custodies deposited in the Custodies and Trust Fund, issue reports for deposit of foreign currencies and trusts and selling them, and confirm the same in special registers.
8.Register all the entries in the support and central journals.
9.Prepare the monthly trial balances for the journals, conduct monthly reconciliations with the accounts, confirm the accounts movement and their monthly balances in the general ledger.
10.Write cheques issued by the Department to the concerned parties according to the disbursement permits forms and issue cash deposit receipts according to the deposit permits issued by the Department sections and Public Prosecution.
11.Confirm the delivery of cheques and cash disbursement forms in the registers and confirm the signature of the recipient in the register and the disbursement forms.
•Personal Accounts Division, specialized with the following;
1.Undertake the accounting entries relevant to the rents and open personal accounts for them.
2.Confirm the deposit and disbursement processes related to the proposal notifications according to the copies of the deposit receipts and as per the notifications.
3.Confirm the value of the disbursement forms in the tenants’ accounts and conduct the monthly reconciliations between the total of the items of the amounts registered in the personal accounts and the central journal entries and general ledger.
4.Keep the accounts of the heirs according to the accustomed accounting systems and conduct the monthly reconciliations with the central journal and general ledger.
5.Keep the accounts of awarded alimonies as per the accustomed accounting systems and conduct the monthly reconciliations with the journal and general ledger.
6.Keep the accounts for the execution of civil and commercial judgments, the arbitration tribunal judgments, guarantees and financial securities accounts of the Public Prosecution and deposits according to the accustomed accounting systems, and conduct monthly reconciliations with the central journal and general ledger.
7.To undertake the keeping of all the documents, copies of the incoming and outgoing transactions and transactions for which their procedures were completed in files prepared for this purpose.

Secretarial Section, consisting of the following divisions;
Incoming and Outgoing Division, specialized with the following:
1.Receive all the correspondences incoming to the Department and register them in special registers, then present them to the director to transfer them to the concerned authorities.
2.Export all the correspondences relevant to the Department after entering them in special registers in this respect, then send them to the concerned bodies.

•Custodies Division, specialized with the following:
1.Inventory of the custodies in the Department and supervision of the ordering of the permanent materials and replace them.
2.Follow up the stationary, papers and forms store and their distribution according to the needs of the sections.
3.Prepare the disbursement applications of the Department and prepare copies of the required needs.
4.Follow up the communication with the concerned entities in the Ministry in connection with the custodies and providing the required needs.
5.Keep records and cards for the above items.

•Personnel Affairs Division, 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, review of the statistics issued by the section and their approval before presentation to the Department manager.
2.General supervision over the punctuality of compliance with the official working hours in the department.
3.Lay down the general plan for the periodical leaves of the Department personnel.
4.Prepare the recommendations for the promotions, allowances, incentives and appointments, and present them to the Department director before notifying the senior authorities in the Ministry of the same.

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