61- The financial fees security that is necessary for furnishing the consumers of the electricity and water supply services.

Finding:

The Minister of the Electricity and Water is authorized to regularize the security fees payment for the guarantee of famishing the consumers with the electricity and water supply services through a Ministerial Resolution to be issued by him.

Reasoning:

As to the transaction of taking the security to be as a guarantee for the furnishing the consumers with the fees of the electricity and water supplies is essential for the furnishing all consumers of these important services, in this case under our consideration this practice  necessitates its imposition on the tenant when the rent starts.

This type of transaction shall not be counted tantamount to any form of taxation or any other fees that have to be imposed by the force of a statutory law. This is because it is a money value that is taken from the tenant of the premises or the real estate who requires to be serviced by these important services to guarantee the collection of the fees of the electricity and water services from the incumbent.

Therefore, in our opinion the Minster of Electricity and Water is authorized to issue a Ministerial Resolution to regularize this issue in respect of the security in accordance to the second clause of the Article (5) of the law No., (5) 1970 which has catered for the determination of the powers of the Ministers and pinpointing the specialization, jurisdiction and competence of all the Ministers and the other Machinery of the Government.

The law has provided for the jurisdiction of each Ministry on its own and for the necessary procedure for the execution of the legislation that pertains to its activities and the issuance of its bylaws and resolutions which are regarded necessary to execute the legislation and keep its rules correspond and match each other in all aspects particularly those technical, administrative and financial ones.