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Council of Ministers Decision

Council of Ministers: Decision 323 Abolishing the Diplomatic Quarter Authority and its governance framework

Arabic

The Council of Ministers,

after perusal of Royal Order 63078 dated 24 Dhu Al-Qa’dah 1441 [24 June 2020] approving the abolition of the Diplomatic Quarter General Authority and transfer of all its tasks and projects relating to it to the Royal Commission for Riyadh City, and approving the completion of the legal procedures,

after perusal of Royal Order 63078 dated 24 Dhu Al-Qa’dah 1441 [15 July 2020],

after perusal of the Governance Framework of the Diplomatic Quarter General Authority issued by Council of Ministers Decision 165 dated 19 Rabi Al-Awwal 1440 [19 October 2018],

after perusal of Bureau of Experts at the Council of Ministers Memorandum 322 dated 27 Safar 1442 [24 September 2020] and Memorandum 685 dated 29 Rabi Al-Thani 1442 [28 October 2020],

after perusal Council of Economic and Development Affairs Recommendation 18-42/19/I dated 9 Jumada Al-Awwal 1442 [24 December 2020],

and after perusal of the General Committee of the Council of Ministers Recommendation 3794 dated 7 Jumada Al-Thani 1442 [28 December 2020],

hereby decides

First

The Diplomatic Quarter General Authority and its governance framework issued by Council of Ministers Decision 165 dated 19 Rabi Al-Awwal 1440 [19 October 2018] is hereby abolished.

Second

All tasks, projects, rights, and obligations—including assets, property, workers (Saudis and non-Saudis), jobs, contracts, appropriations, items, and budget—allocated to the Diplomatic Quarter General Authority are hereby transferred to the Royal Commission for Riyadh City.

Third

The workers of the Diplomatic Quarter General Authority to be transferred to the Royal Commission for Riyadh City must be treated in accordance with the following:

1․ The Royal Commission for Riyadh City must sign an employment contract with each worker in accordance with the Labor Law and in accordance with the wages and benefits approved by the Board of Directors of the Royal Commission for Riyadh City, provided that the total amount he receives is not less than the total amount he received in the last job grade he held.

2․ His contribution to social insurance is considered active.

3․ His services in relation to end-of-service gratuity and leave are considered continuous.

Fourth

Without prejudice to the legal provisions relating to the termination of employment contracts, the Royal Commission for Riyadh City shall not terminate the employment contract of any of the workers to be transferred to it from the Diplomatic Quarter General Authority for a period of one year from the date of transferring their services to it.

Fifth

The Royal Commission for Riyadh City shall make the necessary arrangements for the transfer of workers—to be transferred from the Diplomatic Quarter General Authority—in accordance with the criteria approved by its board of directors, and in a manner that does not contradict the provisions of this decision.

The Prime Minister

Issued on: 13 Jumada Al-Thani 1442
Corresponding to: 27 January 2021

Published in Umm Al-Qura 4869 issued on 5 February 2021.

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Council of Ministers Decision

Electricity and Cogeneration Regulatory Authority : Decision 297 Adopting the Detailed Statement of Transmission System Usage Costs for the Year 2021

Arabic

The Governor of the Electricity and Cogeneration Regulatory Authority,

based on the powers entrusted to him by law,

based on paragraph 13 of the Statement of the Costs of Using the Transmission System approved by the board of directors of the authority Decision 1/27/33 dated 21 Shawwal 1433 [8 September 2012],

and after perusal of the Saudi Code for the Transmission of Electricity,

and in pursuance of public interest,

hereby decides

First

The Detailed Statement of the Costs of Using the Transmission System for the Year 2021 is hereby adopted in the form attached to this decision.

Second

This decision must be published in the official gazette, and comes into force on 17 Jumada Al-Awwal 1442, corresponding to 1 January 2021.

Third

This decision must be communicated to those who are required to implement it.

May Allah provide success.

Governor of the Electricity and Cogeneration Regulatory Authority
Dr Abdulrahman bin Mohammed Al-Ibrahim

Issued on: 6 Jumada Al-Awwal 1442
Corresponding to: 21 December 2020

Published in Umm Al-Qura 4863 issued on 25 December 2020.

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Council of Ministers Decision

Ministry of Energy: Decision 01/2925/1442 regarding Expropriation

Arabic

The Minister of Energy,

based on the powers entrusted to him,

after perusal of clause Third of Royal Decree D/15 dated 11 Rabi Al-Awwal 1424 [12 May 2003], by which the Law of Expropriating of Real Estate for Public Benefit and Temporary Seizure of Real Estate (the “law”) is issued,

and after perusal of the provisions of the law,

and in pursuance of public interest,

hereby decides

First

The commencement of the procedures for expropriating a part of the plot of land owned under Instrument 37246994 dated 27 Rajab 1437 [4 May 2016], located in the village of Adh Dibah in the governorate of Ahad Al-Masarihah in Jazan Region, overlapping with the 380 KV aerial easement, which connects the Madaya Station with the Jazan Refining Plant, with a total area of 4062.85 m2 (Four thousand sixty-two square meters and eighty-five square centimeters) is hereby approved, in accordance with the attached cadastral decision, for the benefit of the Saudi Electricity Company.

Second

The Saudi Electricity Company shall notify this decision to the relevant entities referred to in articles 6 and 7 of the law, in order to nominate its representatives in each of the Real Estate Description and Inventory Committee and the Compensation Estimation Committee, within a period not exceeding 15 days from the issuance of this decision. The company shall call for the meetings, prepare the minutes, and take the necessary measures to carry out the task of each committee.

Third

The Saudi Electricity Company shall notify the owners of the rights over the real estate whose expropriation is decided of the compensation estimated to them, and it shall also inform the owners and occupants of the real estate that it must be vacated, provided that it is not less than 30 days from the date of notification of the eviction, in accordance with the provisions of articles 16 and 17 of the law.

Fourth

The Saudi Electricity Company shall pay compensation to rights holders in accordance with the decision of the Compensation Estimation Committee after the expropriated property has been vacated, handed over, and documented by the public notary or the court. The compensation must be disbursed within two years from the date of the decision approving the commencement of the expropriation procedures in accordance with the provisions of article 18 of the law.

Fifth

Concerned parties may file a grievance before the board of grievances against the decisions made by the committees in accordance with the law, within 60 days from the date they are notified of the decision.

Sixth

This decision must be published in the official gazette and in two daily newspapers distributed in the region. A copy of the announcement must also be posted at the headquarters of the company, at the headquarters of the project, in the court, in the principality, governorate, or center, and in the municipality in whose jurisdiction the real estate is located.

Seventh

This decision must be communicated to those who are required to implement it and act on it.

May Allah provide success.

Minister of Energy
Abdulaziz bin Salman bin Abdulaziz

Issued on: 5 Jumada Al-Awwal 1442
Corresponding to: 20 December 2020

Published in Umm Al-Qura 4863 issued on 25 December 2020.

Categories
Council of Ministers Decision

Ministry of Energy: Decision 01/2924/1442 regarding Expropriation

Arabic

The Minister of Energy,

based on the powers entrusted to him,

after perusal of clause Third of Royal Decree D/15 dated 11 Rabi Al-Awwal 1424 [12 May 2003], by which the Law of Expropriating of Real Estate for Public Benefit and Temporary Seizure of Real Estate (the “law”) is issued,

and after perusal of the provisions of the law,

and in pursuance of public interest,

hereby decides

First

The commencement of the procedures for expropriating plot 7 in Plan 3/331/A located in Al-Bawadi neighborhood in Jeddah Governorate in Makkah Al-Mukarramah Region, is hereby approved. The plot is bordered to the north by a street width of 20 m with a length of 62 m, then a chamfered to the southwest with a length of 4.24 m, to the south by a site designated for a clinic and part of a site designated for Civil Defense with a length of 65 m, to the east by a site designated for a post office with a length of 30 m, and to the west by a street width of 20 m with a length of 27 m, with a total area of 1945.50 m2 (one thousand nine hundred and forty-five square meters and fifty square centimeters), in accordance with the attached cadastral decision, for the benefit of the Saudi Electricity Company (Sports Stadium Station with a voltage of 110 KV).

Second

The Saudi Electricity Company shall notify this decision to the relevant entities referred to in articles 6 and 7 of the law, in order to nominate its representatives in each of the Real Estate Description and Inventory Committee and the Compensation Estimation Committee, within a period not exceeding 15 days from the issuance of this decision. The company shall call for the meetings, prepare the minutes, and take the necessary measures to carry out the task of each committee.

Third

The Saudi Electricity Company shall notify the owners of the rights over the real estate whose expropriation is decided of the compensation estimated to them, and it shall also inform the owners and occupants of the real estate that it must be vacated, provided that it is not less than 30 days from the date of notification of the eviction, in accordance with the provisions of articles 16 and 17 of the law.

Fourth

The Saudi Electricity Company shall pay compensation to rights holders in accordance with the decision of the Compensation Estimation Committee after the expropriated property has been vacated, handed over, and documented by the public notary or the court. The compensation must be disbursed within two years from the date of the decision approving the commencement of the expropriation procedures in accordance with the provisions of article 18 of the law.

Fifth

Concerned parties may file a grievance before the board of grievances against the decisions made by the committees in accordance with the law, within 60 days from the date they are notified of the decision.

Sixth

This decision must be published in the official gazette and in two daily newspapers distributed in the region. A copy of the announcement must also be posted at the headquarters of the company, at the headquarters of the project, in the court, in the principality, governorate, or center, and in the municipality in whose jurisdiction the real estate is located.

Seventh

This decision must be communicated to those who are required to implement it and act on it.

May Allah provide success.

Minister of Energy
Abdulaziz bin Salman bin Abdulaziz

Issued on: 5 Jumada Al-Awwal 1442
Corresponding to: 20 December 2020

Published in Umm Al-Qura 4863 issued on 25 December 2020.

Categories
Council of Ministers Decision

Ministry of Energy: Decision 01/2922/1442 regarding Expropriation

Arabic

The Minister of Energy,

based on the powers entrusted to him,

after perusal of clause Third of Royal Decree D/15 dated 11 Rabi Al-Awwal 1424 [12 May 2003], by which the Law of Expropriating of Real Estate for Public Benefit and Temporary Seizure of Real Estate (the “law”) is issued,

and after perusal of the provisions of the law,

and in pursuance of public interest,

hereby decides

First

The commencement of the procedures for expropriating a part of the plot of land owned under Instrument 42/2/1 dated 2 Rabi Al-Awwal 1400 [20 January 1980], located in Al-Kharj Governorate in Riyadh Region, overlapping with the 380 KV aerial easement, which connects Faras Station in the Eastern Region with Central Station 9003 in Al-Kharj Governorate, with a total area of 136,133.47 m2 (One hundred and thirty-six thousand one hundred and thirty-three square meters and forty-seven square centimeters) is hereby approved, in accordance with the attached cadastral decision, for the benefit of the Saudi Electricity Company

Second

The Saudi Electricity Company shall notify this decision to the relevant entities referred to in articles 6 and 7 of the law, in order to nominate its representatives in each of the Real Estate Description and Inventory Committee and the Compensation Estimation Committee, within a period not exceeding 15 days from the issuance of this decision. The company shall call for the meetings, prepare the minutes, and take the necessary measures to carry out the task of each committee.

Third

The Saudi Electricity Company shall notify the owners of the rights over the real estate whose expropriation is decided of the compensation estimated to them, and it shall also inform the owners and occupants of the real estate that it must be vacated, provided that it is not less than 30 days from the date of notification of the eviction, in accordance with the provisions of articles 16 and 17 of the law.

Fourth

The Saudi Electricity Company shall pay compensation to rights holders in accordance with the decision of the Compensation Estimation Committee after the expropriated property has been vacated, handed over, and documented by the public notary or the court. The compensation must be disbursed within two years from the date of the decision approving the commencement of the expropriation procedures in accordance with the provisions of article 18 of the law.

Fifth

Concerned parties may file a grievance before the board of grievances against the decisions made by the committees in accordance with the law, within 60 days from the date they are notified of the decision.

Sixth

This decision must be published in the official gazette and in two daily newspapers distributed in the region. A copy of the announcement must also be posted at the headquarters of the company, at the headquarters of the project, in the court, in the principality, governorate, or center, and in the municipality in whose jurisdiction the real estate is located.

Seventh

This decision must be communicated to those who are required to implement it and act on it.

May Allah provide success.

Minister of Energy
Abdulaziz bin Salman bin Abdulaziz

Issued on: 5 Jumada Al-Awwal 1442
Corresponding to: 20 December 2020

Published in Umm Al-Qura 4863 issued on 25 December 2020.

Categories
Council of Ministers Decision

Ministry of Energy: Decision 01/2921/1442 regarding Expropriation

Arabic

The Minister of Energy,

based on the powers entrusted to him,

after perusal of clause Third of Royal Decree D/15 dated 11 Rabi Al-Awwal 1424 [12 May 2003], by which the Law of Expropriating of Real Estate for Public Benefit and Temporary Seizure of Real Estate (the “law”) is issued,

and after perusal of the provisions of the law,

and in pursuance of public interest,

hereby decides

First

The commencement of the procedures for expropriating a part of the plot of land owned under Instrument 38152065 dated 26 Rabi Al-Thani 1438 [24 January 2017], located in Al-Jaddah Al-Sufla in Qilwah Governorate in Al-Baha Region, overlapping with the 132 KV aerial easement, which connects North Nimrah Station with Qilwah Station, with a total area of 1047.96 m2 (One thousand forty-seven square meters and ninety-six square centimeters) is hereby approved, in accordance with the attached cadastral decision, for the benefit of the Saudi Electricity Company.

Second

The Saudi Electricity Company shall notify this decision to the relevant entities referred to in articles 6 and 7 of the law, in order to nominate its representatives in each of the Real Estate Description and Inventory Committee and the Compensation Estimation Committee, within a period not exceeding 15 days from the issuance of this decision. The company shall call for the meetings, prepare the minutes, and take the necessary measures to carry out the tasks of committee.

Third

The Saudi Electricity Company shall notify the owners of the rights over the real estate whose expropriation is decided of the compensation estimated to them, and it shall also inform the owners and occupants of the real estate that it must be vacated, provided that it is not less than 30 days from the date of notification of the eviction, in accordance with the provisions of articles 16 and 17 of the law.

Fourth

The Saudi Electricity Company shall pay compensation to rights holders in accordance with the decision of the Compensation Estimation Committee after the expropriated property has been vacated, handed over, and documented by the public notary or the court. The compensation must be disbursed within two years from the date of the decision approving the commencement of the expropriation procedures in accordance with the provisions of article 18 of the law.

Fifth

Concerned parties may file a grievance before the board of grievances against the decisions made by the committees in accordance with the law, within 60 days from the date they are notified of the decision.

Sixth

This decision must be published in the official gazette and in two daily newspapers distributed in the region. A copy of the announcement must also be posted at the headquarters of the company, at the headquarters of the project, in the court, in the principality, governorate, or center, and in the municipality in whose jurisdiction the real estate is located.

Seventh

This decision must be communicated to those who are required to implement it and act on it.

May Allah provide success.

Minister of Energy
Abdulaziz bin Salman bin Abdulaziz

Issued on: 5 Jumada Al-Awwal 1442
Corresponding to: 20 December 2020

Published in Umm Al-Qura 4863 issued on 25 December 2020.

Categories
Council of Ministers Decision

Ministry of Energy: Decision 01/2920/1442 regarding Expropriation

Arabic Auto Translate

Issued on: 5 Jumada Al-Awwal 1442
Corresponding to: 20 December 2020

Published in Umm Al-Qura 4863 issued on 25 December 2020.

Categories
Council of Ministers Decision

Ministry of Commerce: Decision 00350 Approving the Amendments to the Wording of the Decision to Practice Debt Collection Activity on Behalf of Others

Arabic

The Minister of Commerce,

based on the powers entrusted to him by law,

after perusal of the Law of the Mandates of the Ministry of Commerce issued by Council of Ministers Decision 66 dated 6 Rabi Al-Thani 1378 [20 October 1958]

and after perusal of Ministerial Decision 66614 dated 19 Dhu Al-Qa’dah 1436 [3 September 2015] regarding the Amendment of the Decision to Practice the Debt Collection Activity on Behalf of Others issued by Ministerial Decision 397 dated 28 Rabi Al-Thani 1408 [19 December 1987],

and in pursuance of public interest,

hereby decides

The amendment of the wording of the Decision to Practice the Debt Collection Activity on Behalf of Others issued by First: Ministerial Decision 66614 dated 19 Dhu Al-Qa’dah 1436 [3 September 2015] is hereby approved as follows:

1․ Article 1 is hereby amended to read as follows:

Ministry: The Ministry of Commerce.

Minister: The Minister of Commerce.

Debt: The settled debt at the time of payment.

Collection activity: The activity of collecting debt on behalf of others.

Collector: A natural or legal person practicing the collection activity.

Communication: Any means used by the collector to communicate with the debtor, including telephone, fax, regular or electronic mail, messages, or meeting him in person.

2․ Articles 2, 3, 4, and 5 are hereby deleted.

3․Article 6 is hereby amended to read as follows:

Companies that take any of the forms mentioned in the Companies Law may practice the collection activity in accordance with the provisions of this decision, and the company shall be responsible for any errors or violations issued by those entrusted with the collection tasks from its personal or workers, without prejudice to the personal responsibility of these persons towards it.

4․ Article 15(1) is hereby amended to read as follows:

In the event that the collector violates any of the provisions of this decision, the Ministry may warn him or prohibit him to practice the collection activity for a maximum period of three years.

Second

This decision must be published in the official gazette, and comes into force on the date of its publication.

Minister of Commerce
Dr Majid bin Abdullah Al-Qasabi

Issued on: 16 Rabi Al-Thani 1442
Corresponding to: 2 December 2020

Published in Umm Al-Qura 4863 issued on 25 December 2020.

Categories
Council of Ministers Decision

Ministry of Human Resources and Social Development: Decision 51848 Approving the Amendment of Some Paragraphs of the Executive Regulation of the Labour Law

Arabic

The Minister of Human Resources and Social Development,

based on the powers entrusted to him by law,

after perusal of the provisions of article 11bis, 33, 37, 40, 41, and 77 of the Labor Law issued by Royal Decree D/51 dated 23 Sha’ban 1426 [27 September 2005], amended by Royal Decree D/24 dated 12 Jumada Al-Awwal 1434 [24 March 2013], amended by Royal Decree D/1 dated 22 Muharram 1435 [25 November 2013], amended by Royal Decree D/46 dated 5 Jumada Al-Thani 1436 [25 March 2015], amended by Royal Decree D/14 dated 22 Safar 1440 [31 October 2018], amended by Royal Decree D/134 dated 27 Dhu Al-Qa’dah 1440 [30 July 2019], and amended by Royal Decree D/5 dated 7 Muharram 1442 [26 August 2020],

after perusal of the Executive Regulation of the Labor Law issued by Ministerial Decision 70273 dated 11 Rabi Al-Thani 1440 [18 December 2018], amended by Ministerial Decision 54908 dated 16 Rabi Al-Awwal 1441 [13 November 2019], amended by Ministerial Decision 142906 dated 13 Sha’ban 1441 [6 April 2020], amended by Ministerial Decision 146481 dated 7 Ramadan 1441 [30 April 2020], and amended by Ministerial Decision 3485 dated 7 Muharram 1442 [26 August 2020],

and after perusal of Ministerial Decision 156309 dated 18 Sha’ban 1440 [23 April 2019],

hereby decides

First

The amendment of the Executive Regulation of the Labor Law issued by Ministerial Decision 70273 dated 11 Rabi Al-Thani 1440 [18 December 2018], amended by Ministerial Decision 54908 dated 16 Rabi Al-Awwal 1441 [13 November 2019], amended by Ministerial Decision 142906 dated 13 Sha’ban 1441 [6 April 2020], amended by Ministerial Decision 146481 dated 7 Ramadan 1441 [30 April 2020], and amended by Ministerial Decision 3485 dated 7 Muharram 1442 [26 August 2020], is hereby approved as follows:

1․ Article 14(Second)(1) is hereby amended to read as follows:

The expatriate worker may transfer to another employer without the requirement of a specific period in the event of the approval of the current employer, unless the controls contained in the program to encourage establishments to nationalize jobs (Nitaqat) encourage otherwise.

2․ Article 14(Second)(7) is hereby amended to read as follows:

The expatriate worker may transfer to another employer upon the expiry of the documented employment contract without the approval of the current employer.

3․ A paragraph numbered 21 is hereby added to article 14(Second) with the following text:

Subject to the provisions of article 77 of the law, the expatriate worker may transfer to another employer without requiring the approval of the current employer when the following conditions are met:

(a) That he spent 12 months from the date of his entry into the Kingdom.

(b) That the worker notifies the current employer at least 90 days before the transfer, prior to the termination of the contractual relationship, unless the parties agree otherwise.

Second

This decision must be published in the official gazette and on the website of the ministry, and comes into force on 1 Sha’ban 1442 corresponding to 14 March 2021.

Third

This decision repeals all previous decisions in conflict with it.

Fourth

The Vice Minister for Labor shall take the necessary measures to inform and implement this decision.

May Allah provide success.

The Minister of Human Resources and Social Development Engineer
Ahmad bin Suleiman Al-Rajhi

Issued on: 19 Rabi Al-Awwal 1442
Corresponding to: 5 November 2020

Published in Umm Al-Qura 4857 issued on 13 November 2020.

Categories
Council of Ministers Decision

Council of Ministers: Decision 181 Amending the contracting rules and Work Contract Form on the Distinguished Competencies Program

Arabic

The Council of Ministers

after perusal of Royal Court File 53418 dated 22 Ramadan 1441 [15 May 2020], which includes the Minister of Human Resources and Social Development Telegram 9173 dated 14 Ramadan 1441 [7 May 2020] regarding the report prepared by the ministry on the evaluation of the application of the controls for attracting distinguished competencies and motivating officers in government entities,

after perusal of the Rules for Practicing the Tasks of the Positions of Undersecretaries and Assistant Undersecretaries issued by Council of Ministers Decision 466 dated 29 Sha’ban 1439 [15 May 2018] and its amendments,

after perusal of the Contracting Rules on the Distinguished Competencies Program and the Employment Contract Form on the Distinguished Competencies Program issued by Council of Ministers Decision 119 dated 21 Safar 1440 [30 October 2018] and their amendments,

after perusal of Bureau of Experts at the Council of Ministers Minutes 1434 dated 9 Dhu Al-Hijja 1441 [30 July 2020],

after perusal of Council of Economic and Development Affairs Recommendation 7-44/41/I dated 23 Dhu Al-Hijja 1441 [13 August 2020],

and after perusal of the General Committee of the Council of Ministers Recommendation 1481 dated 4 Rabi Al-Awwal 1442 [21 October 2020],

hereby decides

First

The Contracting Rules on the Distinguished Competencies Program and the Employment Contract Form on the Distinguished Competencies Program issued by Council of Ministers Decision 119 dated 21 Safar 1440 [30 October 2018] are hereby amended as follows:

1․ A paragraph numbered 5 is hereby added to article 1 of the rules, with the following text:

5 The years of experience must not be less than four years after the bachelor’s degree, or two years if he holds a higher qualification.

2․ Article 3(1) of the contract forms is hereby amended, to read as follows:

1 The duration of this contract (……) (Not exceeding three years) starting from the date of commencement of the second party to work, and the contract is renewed for another period or periods with the consent of both parties, and either of them has the right to terminate the contract during its validity or not to renew it after giving notice to the other party at least 90 days from the date of termination or expiry of the contract.

3․ Article 4(4) of the contract form is hereby amended, to read as follows:

4 The first party may, if it deems it appropriate, grant the second party upon renewal of the contract a performance bonus not exceeding 10% of the basic wage, provided that his performance evaluation is not less than “Good”.

4․ Article 9(1) of the contract form is hereby amended, to read as follows:

1 If either party does not comply with the period specified for submitting a notice of termination of the contract or not renewing it, the non-compliant party shall pay the other party compensation equivalent to 60 days wage, without prejudice to the provisions of article 15 of the contract.

Second

The total of those granted a performance bonus must not exceed 5% of the basic wage—based on the Contracting Rules on the Distinguished Competencies Program issued by Council of Ministers Decision 119 dated 21 Safar 1440 [30 October 2018] or the Rules for Practicing the Tasks of the Positions of Undersecretaries and Assistant Undersecretaries issued by Council of Ministers Decision 466 dated 29 Sha’ban 1439 [15 May 2018]—and must not exceed 30% for those whose contracts are renewed with the entity in accordance with any of these rules in that financial year.

The Prime Minister

Issued on: 17 Rabi Al-Awwal 1442
Corresponding to: 3 November 2020

Published in Umm Al-Qura 4857 issued on 13 November 2020.