CHAPTER FOUR. The Head of State
Article 41
His Majesty the Sultan is the Head of State and the Supreme Commander of the Armed Forces, his person is inviolable, respect of him is a duty, and his command is obeyed. He is the symbol of national unity and the guardian of the preservation and the protection thereof.
Article 42
His Majesty the Sultan discharges the following functions:
- Preserving the independence of the Country and its territorial integrity, protecting its internal and external security, safeguarding the rights and freedoms of the Citizens, ensuring the rule of law, and directing the general policy of the State.
Taking prompt measures to counter any danger threatening the safety of the Sultanate, its territorial integrity, or the security and the interests of its people, or hindering the institutions of the State from performing their functions. Representing the State internally and towards other states in all international relations. Presiding over the Council of Ministers or appointing a person to preside. Presiding over the Specialized Councils or appointing a person to preside. Establishing and regulating the units of the administrative apparatus of the State and the abolishment thereof. Appointing Deputies to the Prime Minister, Ministers, and their equivalents and relieving them of their office. Appointing Undersecretaries of ministries, Secretaries-General, and their equivalents and relieving them of their office. Appointing senior judges and relieving them of their office. Declaring state of emergency, general mobilisations, war, and concluding peace. The Law specifies the rules thereof. Promulgating and ratifying Laws. Signing international conventions and treaties according to the provisions of the Law or authorising their signature and promulgating Decrees ratifying the same. Appointing political representatives to other states and international organisations and relieving them of their office according to the limits and conditions prescribed by the Law, as well as accepting the credentials of representatives of other states and international organisations. Pardoning or commuting any penalty. Conferring orders of honour and military ranks.
Article 43
His Majesty the Sultan shall be assisted in formulating and implementing the general policy of the State by a council of ministers and specialised councils.
Article 44
The Council of Ministers is the authority entrusted with the implementation of the general policies of the State and in particular undertakes the following:
- Submitting recommendations to His Majesty the Sultan in economic, political, social, executive, and administrative matters of concern to the Government including proposing draft laws and decrees.
Protecting the interests of the Citizens and ensuring the availability of the necessary services to them, and enhancing their economic, social, health, and cultural standards. Determining the objectives and the general policies for economic, social, and administrative development and proposing the necessary means and measures for their implementation which ensure the best utilisation of the financial, economic and human resources. Discussing development plans prepared by competent authorities after presenting them to Majlis Oman, submitting these plans to His Majesty the Sultan for approval, and following up their implementation. Discussing proposals of ministries relevant to the implementation of their respective competencies and taking appropriate recommendations and decisions in this regard. Supervising the functioning of the administrative apparatus of the State, following up the performance of its duties and coordinating among its units. Supervising generally the implementation of the Laws, decrees, regulations, decisions, treaties, agreements and judgements of the courts in a manner that ensures adherence thereto. Discharging any other competence delegated by His Majesty the Sultan or vested by the provisions of the Law.
Article 45
The Prime Minister shall preside over the meetings of the Council of Ministers and may entrust one of his Deputies to conduct the meetings which he does not attend. If the Prime Minister and his Deputies are absent His Majesty the Sultan shall authorise whom His Majesty sees appropriate to conduct the meetings.
Article 46
The meetings of the Council of Ministers shall be made valid by the presence of the majority of its members. Its deliberations shall be confidential and its decisions shall be taken by the majority of the members present.
Article 47
The Council of Ministers shall set its internal regulations, including the rules for performing the duties therein, and shall have a Secretariat General provided with a sufficient number of staff to assist it in performing its duties.
Article 48
If His Majesty the Sultan appoints a Prime Minister, his competences and powers shall be determined in the Decree appointing him.
Article 49
Any appointed Prime Minister, Deputy Prime Minister, or Minister shall be:
- Of Omani nationality by origin in accordance with the Law.
- Aged not less than thirty years of the Gregorian calendar.
Article 50
Before assuming their powers, the Prime Minister, his Deputies, and the Ministers shall take the following oath before His Majesty the Sultan:
“I swear by Allah the Almighty to be faithful to my Sultan and my Country, to honour the Basic Statute of the State and the applicable Laws of the State, to fully protect its entity and territorial integrity, to fully safeguard its interests and those of its Citizens and to perform my duties faithfully and honestly”.
Article 51
The Deputies to the Prime Minister and the Ministers shall supervise the affairs of their units, implement the general policy of the Government therein, draw the guidelines of the unit and follow up the implementation thereof.
Article 52
Members of the Council of Ministers are politically collectively responsible before His Majesty the Sultan for the implementation of the general policy of the State. Each of them is individually accountable to His Majesty the Sultan for the manner in which he performs his duties and exercises his authority in his respective Ministry or unit.
Article 53
Members of the Council of Ministers shall not combine their ministerial office with chairmanship of or membership to a board of directors of any public joint-stock company. The Government units which they are in charge of or supervise shall not deal with any company or establishment in which they have a direct or indirect interest. They shall always, by their conduct, pursue the interests of the Country and work in furtherance of the public benefit. They shall not exploit their official positions in any manner whatsoever whether for their own benefit or for the benefit of those with whom they have a special relation.
Article 54
Emoluments of the Deputies of the Prime Minister and the Ministers during their term of office and after their retirement shall be determined by the orders of His Majesty the Sultan.
Article 55
The provisions of Articles (49), (50), (51), (52), (53), and (54) shall apply to all those of a rank of Minister.
Article 56
The Specialised Councils shall be established, their powers specified, and their members appointed by virtue of Royal Decrees. The said Councils shall be associated with the Council of Ministers unless their establishing Decrees state otherwise.
Article 57
The Law shall prescribe the provisions concerning the following matters and the authorities responsible thereof:
- Collecting taxes, fees, and other public monies and the procedures for their disbursement.
Maintaining and managing the property of the State, the conditions for its disposal and the limits within which part of these properties can be assigned. The General Budget of the State and the Final Account. The autonomous and supplementary general budgets and their final accounts. The financial auditing of the State. Loans extended or obtained by the State. Currency, banks, standards, measures, and weights. Affairs of salaries, pensions, compensation, subsidies, and rewards charged to the Treasury of the State.
