Abu Dhabi Official Gazette - 2018 Edition 2018
This Gazette segment publishes several Abu Dhabi laws establishing or reorganizing government bodies, setting out their powers, reporting duties, budgets, and supervision rules.
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This Gazette segment publishes several Abu Dhabi laws establishing or reorganizing government bodies, setting out their powers, reporting duties, budgets, and supervision rules. The text mainly says you cannot carry out regulated activities or use transport means without Department authorisation or licensing, and it sets fines and other administrative penalties for violations. The Department must run and regulate the sector, while persons and entities must provide requested documents and cannot operate without the required license. This segment contains multiple Executive Council resolutions: it grants medals to named individuals, gives added powers to several Abu Dhabi departments, forms a company board, and reforms a waste management board.
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Abu Dhabi Official Gazette - 2018 Edition 2018 — segment 1
This Gazette segment publishes several Abu Dhabi laws establishing or reorganizing government bodies, setting out their powers, reporting duties, budgets, and supervision rules.
The Official Gazette 28 February 2018 - The Second Edition The Official Gazette The Second Edition - The Forty Seventh Year Contents Pages Laws Law No. (2) of 2018 Concerning the Incorporation of Abu Dhabi 7 Development Holding Company “PJSC” Law No. (3) of 2018 Concerning the Establishment of Abu Dhabi 18 Executive Office Law No. (4) of 2018 Concerning the General Secretariat of the 26 Executive Council Law No. (5) of 2018 Concerning the Establishment of the Department 33 of Urban Planning and Municipalities Law No. (6) of 2018 Concerning the Establishment of the Department 44 of Transport Law No. (7) of 2018 Concerning the Reorganisation of the Department 57 of Economic Development Law No. (8) of 2018 Concerning the Establishment of the Department 66 of Culture and Tourism Law No. (9) of 2018 Concerning the Establishment of the Department 75 of Education and Knowledge Law No. (10) of 2018 Concerning the Establishment of the 84 Department of Health Law No. (11) of 2018 Concerning the Establishment of the 92 Department of Energy Law No. (12) of 2018 Concerning the Establishment of the 100 Department of Community Development Crown Prince Chairman of the Executive Council Resolutions Chairman of the Executive Council Resolution No. (6) of 2018 111 Concerning the Establishment of Saif bin Zayed Academy for Police Sciences and Security 1 Crown Prince Resolution No. (7) of 2018 Concerning the Reformation 117 of the Board of Directors of Zayed House for Islamic Culture Chairman of the Executive Council Resolution No. (8) of 2018 119 Concerning the Granting of the Chairman of the Executive Council Medal Chairman of the Executive Council Resolution No. (9) of 2018 120 Concerning the Granting of the Chairman of the Executive Council Medal Chairman of the Executive Council Resolution No. (10) of 2018 121 Concerning the Granting of the Chairman of the Executive Council Medal Chairman of the Executive Council Resolution No. (11) of 2018 122 Concerning the Granting of the Chairman of the Executive Council Medal Chairman of the Executive Council Resolution No. (12) of 2018 123 Concerning the Granting of the Chairman of the Executive Council Medal Chairman of the Executive Council Resolution No. (13) of 2018 124 Concerning the Granting of the Chairman of the Executive Council Medal Chairman of the Executive Council Resolution No. (14) of 2018 125 Concerning the Granting of the Chairman of the Executive Council Medal Chairman of the Executive Council Resolution No. (15) of 2018 126 Concerning the Granting of the Chairman of the Executive Council Medal Chairman of the Executive Council Resolution No. (16) of 2018 127 Concerning the Granting of the Chairman of the Executive Council Medal Chairman of the Executive Council Resolution No. (17) of 2018 128 Concerning the Granting of the Chairman of the Executive Council Medal 2 Chairman of the Executive Council Resolution No. (18) of 2018 129 Concerning the Granting of the Chairman of the Executive Council Medal Chairman of the Executive Council Resolution No. (19) of 2018 130 Concerning the Granting of the Chairman of the Executive Council Medal Chairman of the Executive Council Resolution No. (20) of 2018 131 Concerning Additional Competencies of the Department of Urban Planning and Municipalities Chairman of the Executive Council Resolution No. (21) of 2018 135 Concerning Additional Competencies of the Department of Transport Chairman of the Executive Council Resolution No. (22) of 2018 139 Concerning Additional Competencies of the Department of Economic Development Chairman of the Executive Council Resolution No. (23) of 2018 141 Concerning Additional Competencies of the Department of Culture and Tourism Chairman of the Executive Council Resolution No. (24) of 2018 145 Concerning Additional Competencies of the Department of Education and Knowledge Chairman of the Executive Council Resolution No. (25) of 2018 148 Concerning Additional Competencies of the Department of Health Chairman of the Executive Council Resolution No. (26) of 2018 150 Concerning Additional Competencies of the Department of Energy Chairman of the Executive Council Resolution No. (27) of 2018 152 Concerning the Formation of the Board of Directors of Abu Dhabi Development Holding Company Executive Council Resolutions Executive Council Resolution No. (33) of 2018 Concerning 157 the Reformation of the Board of Directors of Abu Dhabi Waste Management Centre 3 Laws 5 swaL Law No. (2) of 2018 Concerning the Incorporation of Abu Dhabi Development Holding Company “PJSC” We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments; • Law No. (2) of 1971 concerning the National Consultative Council and its amendments; • Law No. (1) of 2017 concerning the Financial System of the Government of Abu Dhabi; • Federal Law No. (2) of 2015 concerning the Commercial Companies and its amendments; and • Based on what was presented to and approved by the Executive Council, Issued the following Law: Article (1) In the implementation of the provisions of this Law, the following words and phrases shall have the meanings corresponding thereto unless the context requires otherwise: State : The United Arab Emirates. Emirate : The Emirate of Abu Dhabi. Government : The Government of Abu Dhabi. 7 Executive Council : The Executive Council of the Emirate. Governmental : The public departments, authorities and Entities institutions, agencies, centres, councils and funds, and any other entity affiliated to the Government. Governmental : The companies fully-owned by the Government, Companies directly or indirectly. The Company : Abu Dhabi Development Holding Company “PJSC”. Board of Directors : Board of Directors of the Company. Development : Companies designated by a resolution of the Companies Executive Council as development companies for the purposes of this Law, and the resolution may cover any public legal persons. Incorporation of the Company Article (2) • Under the provisions of this Law, a company called “Abu Dhabi Development Holding Company” PJSC shall be incorporated. The Company shall have an independent legal personality, enjoy financial and administrative autonomy and have full legal capacity to carry out its activities and achieve its objectives. • By a resolution of the Board of Directors an acronym or abbreviation may be used for the Company’s name. • The name of the Company may be changed in accordance with the procedures specified in its articles of association. 8 Transfer of Ownership of the Shares Article (3) Without prejudice to any of the Development Companies' obligations towards third parties, the following shall be transferred to the Company: 1. The ownership of all the Development Companies that are wholly owned by the Government or any Governmental Entities and companies. 2. The ownership, by the Government or any Governmental Entity or company, of any stocks or shares in any of the Development Companies that are not wholly owned by the government or any Governmental Entities and companies. 3. All rights of the Government and the Governmental Entities and companies to the loans granted to any of the Development Companies. Headquarters of the Company Article (4) The Company’s headquarter shall be located in the Emirate of Abu Dhabi. The Board of Directors may establish offices, branches or agencies of the Company within the State or abroad. Objectives of the Company Article (5) The Company shall aim at raising the level of the Development Companies by directing and following up these Companies and supervising them in a manner that does not contradict with the articles of association of those Companies or the agreements concluded with other shareholders, in order to determine the best practices enabling them to achieve excellence in performance, productivity, efficiency and quality in the services they provide. 9 Purposes of the Company Article (6) • The Company shall, through the Board of Directors or its delegate, implement all the objectives set in its articles of association, and shall in particular: 1. Direct the boards of directors, senior management, general policies, operational, economic, commercial and financial strategies of these Companies, and review and approve their projects, sources of financing, annual budgets and closing accounts, in order to achieve its purposes. 2. Own, build, finance, operate, manage, maintain, supervise, rehabilitate, assign, acquire, expand, mortgage, lease, rent, establish, contribute and invest in all projects and investments in consistent with its objectives. 3. Monitor the financial and operational performance of the Development Companies. 4. Incorporate companies individually or jointly with others to achieve its objectives. 5. Determine investment opportunities for the partnership between the public and private sectors in the Development Companies scopes of work and work on activating such opportunities. 6. Develop, buy, own, register, license, rent and lease out movable and immovable properties, intellectual property rights, trademarks, trade names, patents, and all rights and designs related to the business of the Company and the Development Companies wholly owned by it, and sell or assign any of them in return for a compensation to be 10 determined by the Board of Directors. 7. Any competencies or acts required for the good business performance of the Company, inside or outside the State. Capital of the Company Article (7) • The authorised capital of the Company is AED 500,000,000 (Five Hundred Million), and the nominal value per share is (AED 1). • The issued capital is AED 100,000,000 (One Hundred Million) divided into 100,000,000 (One Hundred Million) shares, all of which are nominal shares, fully paid and owned by the Government. • The capital of the company may be increased through the provision of cash or in kind shares or the conversion of any government contributions in any of the Development Companies into shares in the Company, in accordance with the applicable legislations. • The capital of the company may not be reduced or restructured and none of its shares may be transferred, sold, converted, mortgaged or assigned without obtaining the approval of the Executive Council. Company’s Term Article (8) The term of the Company shall be of ninety-nine Gregorian years effective from the date of its registration in the Commercial Register and shall be automatically renewed for a similar period in accordance with the provisions of the Company’s articles of association. 11 Board of Directors Article (9) • The Company shall be managed by a Board of Directors consisting of at least five members, including the Chairman, who shall be appointed by a resolution of the Chairman of the Executive Council. • The term of the Board of Directors is three years, and is automatically renewed for similar periods unless a resolution is issued by the Chairman of the Executive Council to reconstitute it. • The articles of association of the Company shall specify the procedures for holding the meetings of the Board of Directors and the method of voting on its resolutions. • The Board of Directors may form committees affiliated to it from its members and others, and determine the powers and competencies of the committees. Competencies and Powers of the Board of Directors Article (10) • The Board of Directors is the highest authority in the Company and the Development Companies wholly owned by it, and shall assume the powers of the general assembly of the Company and the Development Companies wholly owned by it. • The Board of Directors shall have all the powers specified in the articles of association of the Company and the competence to set the general policy of the Company and the Development Companies wholly owned by it, and shall follow up its implementation to achieve its purposes. The Board of Directors may exercise all the competencies required for this 12 purpose, and shall in particular: 1. Propose the Company's articles of association and submit it to the Executive Council for approval within three months from the date of issuance of this Law. 2. Lay down the financial, administrative and operational regulations and regulations related to the tenders and bids procedures for the Company and the Development Companies wholly owned by it to enable it to achieve its objectives. 3. Restructure the capital of any of the Development Companies wholly owned by it and transfer, convert, dispose of and waive any of its properties, assets, liabilities, contracts, projects and investments to the Company or any of its subsidiaries. 4. Merge any of the Development Companies wholly owned by it into one single company and dissolve and liquidate any of them upon the approval of the Executive Council. 5. Offer any of the shares constituting the capital of any of the Development Companies wholly owned by it through an Initial public offering (IPO) or a special offering and list any of them in any of the stock exchange markets upon the approval of the Executive Council. 6. Transfer any of the employees of Development’s Companies wholly owned by it to the Company or any of its subsidiaries. 7. Approve of the budget of the Company and the Development Companies wholly owned by it, its closing accounts and financial statements for each fiscal year. 8. Represent the Company in the general assemblies of the companies not wholly owned by it. 13 9. Exercise all the competencies of the Company, the Government or the Governmental Entities and companies in accordance with their legislations or constituent contracts or articles of association. 10. Borrow from banks and other financing entities and issue debentures and bonds within and outside the State to finance projects, investments and activities of the Company and Development Companies, in accordance with the applicable legislations. 11. Grant shareholder’s loans to any of the Development Companies in a manner consistent with the aforesaid Law No. (1) of 2017. 12. Determine and collect the fees from the Development Companies in return for the supervisory services provided by the Company in accordance with the agreements concluded by the Company with those companies. 13. Lay down the regulations for the contracting procedures of the Company or the Development Companies wholly owned by it with natural and legal persons to sell or purchase goods and services. 14. Lay down the regulations and rules for the employees and staff of the Company and the Development Companies wholly owned by it in accordance with the applicable legislations. 15. Appoint a chief executive officer or general manager for the Company and determine their competencies, powers and remunerations. 16. Any duties or competencies entrusted to the Board of Directors by the Executive Council. • The Board of Directors may delegate some of its powers specified hereof to its Chairman or any of the senior employees of the Company or the senior managers in the Development Companies. 14 Articles of association of the Company and the Development Companies Article (11) • The Company shall have articles of association that shall be registered in the Commercial Register with the competent authority after being approved by the Executive Council. • Each of the Development Companies shall operate in accordance with their articles of association as issued by their general assemblies. Management of the Development Companies Article (12) Notwithstanding the provisions of any other legislation, each of the Development Companies whose ownership is wholly transferred to the Company, shall be managed by a Board, Management Committee, General Manager or Chief Executive Officer appointed by a resolution of the Board of Directors. The articles of association of each of the Development Companies whose ownership is not wholly owned by the Company shall specify the method of appointment or election of its board of directors, provided that the Company is entitled to appoint its representative in the board of directors of each of the Development Companies in a manner commensurate with the Company’s proportion in the capital of the concerned Development Company in accordance with the articles of association of said companies. Periodic Reports Article (13) The Development Companies shall undertake to: 1. Provide the Company, upon request, with any financial, operational, 15 administrative or corporate governance information related to said Companies. 2. Submit their balance sheets and closing accounts to the Company within sixty days from the end of the fiscal year of the concerned Development Company. Auditor Article (14) The Company shall have one or more certified auditors to audit its financial accounts and statements. They shall be appointed by a resolution of the Board of Directors specifying the appointment term and the annual remuneration. Fiscal Year Article (15) The fiscal year of the Company shall commence on the first of January and end by the end of December of each year, except for the first fiscal year that shall commence from the date of registration of the Company in the Commercial Register and end by the end of December of the following year. Financial Resources of the Company Article (16) The Company's financial resources shall consist of the following: • The Annual or emergency appropriations allocated to it by the Government. • The financial appropriations that the Government may allocate to the Development Companies at the Company’s request. • The returns on the investment of its funds. 16 • The income earned from the services it renders and the activities it exercises. • Any other resources approved by the Board of Directors. Repealing of the Contrary Provisions Article (17) • Any provision, provided in the legislations concerning the incorporation of the Development Companies wholly owned by the Company, contrary to the provisions of this Law shall be repealed. • Any text or provision contrary to the provisions of this Law shall be repealed. Effective Date Article (18) This Law shall be effective from the date of its issuance and shall be published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 20 February 2018 Corresponding to: 4 Jumada Al Akher 1439 H 17 Law No. (3) of 2018 Concerning the Establishment of Abu Dhabi Executive Office We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments; • Law No. (2) of 1971 concerning the National Consultative Council and its amendments; • Law No. (2) of 2006 concerning the General Secretariat of the Executive Council; • Chairman of the Executive Council Resolution No. (118) of 2016 concerning the Establishment of the Office of the Executive Committee; • Chairman of the Executive Council Resolution No. (119) of 2016 concerning the General Secretariat of the Executive Council; and • Based on what was presented to and approved by the Executive Council; Issued the following Law: Article (1) In the implementation of the provisions of this Law, the following words and phrases shall have the meanings corresponding thereto unless the context requires otherwise: Emirate : The Emirate of Abu Dhabi. Executive Council : The Executive Council of the Emirate. The Office : Abu Dhabi Executive Office. The Chairman : The Chairman of the Office. 18 The Executive : The Executive Committee of the Executive Council. Committee Committees of : The Executive Committee and the Sub-committees. the Council Concerned : The governmental entities, institutions and Entities companies including any entity or company affiliated to them, which are under the supervision of the Office and designated by a resolution of the Executive Council. Supporting : The governmental entities affiliated to the Office Executive Entities and the entities designated by a resolution of the Executive Council. Article (2) • Pursuant to the provisions of this law an office called "Abu Dhabi Executive Office" shall be established. The Office shall have an independent legal personality and full legal capacity to act, and shall be affiliated to the Executive Council. • The Office shall be chaired by the Chairman of the Executive Committee, who shall hold the position of Chairman of Department, be appointed by an Amiri Decree, and shall be a member of the Executive Council. Article (3) • The Office shall be the supervisory authority in the Emirate that takes charge of following up the implementation of the strategic and implementing plans of the Concerned Entities and monitoring their performance and the effectiveness of these plans. The Office may in particular: 19 1. Supervise and participate in setting the strategic and implementing plans for the Emirate in respect of the duties and competencies of the Concerned Entities and have them approved by the Committees of the Council prior to their approval by the Executive Council. 2. Prospect for future opportunities and challenges in all strategic, operational, administrative, financial, scientific and governance fields, and work to harmonise their application and develop plans for their implementation in the Emirate. 3. Follow-up the commitment of the Concerned Entities to implement the strategic and implementing plans of the Emirate, including the business progress and operational affairs of said Entities. 4. Monitor and evaluate the projects, initiatives and operations of the Concerned Entities and the Supporting Executive Entities, including the evaluation of the services provided by said Entities through direct communication with users and beneficiaries of these services. 5. Monitor and supervise all the Supporting Executive Entities in all respects such as the disbursement from their budgets, as well as their commitment to their duties and competencies, and approve their strategic and implementing plans. 6. Receive and review the applications and topics submitted to the Executive Council and present them to the Committees of the Council to make the necessary decision within their authorities, and submit recommendations otherwise to the Executive Council for approval. 7. Support the Committees of the Council in the management of their meetings and in drafting and issuing their resolutions and following up their implementation. 8. Work on supporting the Committees of the Council through studying and analysing the issues presented, provide advice and recommendations 20 and all that is necessary to support decision making and submit the necessary issues to the Executive Council in accordance with the applicable regulations. 9. Provide the legal opinion on the topics submitted to the Committees of the Council. 10. Study, propose and prepare draft local and federal laws, decrees, Chairman of the Executive Council Resolutions, rules, regulations and agreements and submit them to the Committees of the Council in preparation for approval by the Executive Council. 11. Organise communication channels for the Committees of the Council and the Office. 12. Coordinate with the Department of Finance to lay down the financial plans and budgets required to achieve the objectives set within the optimal use of government resources. 13. Propose and follow up the implementation and study of the development and improvement of government performance in various developmental and services sectors, in a manner to contribute to the implementation of the strategic and implementing plans of the Emirate. 14. Submit periodic reports and analytical studies to the Executive Council and its Committees with respect to the competencies of the Office. 15. Any other competencies or duties assigned thereto by the Executive Council. • The Office may exercise any of the competencies and duties mentioned in the legislations of the Supporting Executive Entities. Article (4) • The Chairman shall have the competence to supervise the work of the Office and shall be responsible for it before the Executive Council and 21 shall particularly assume the following competencies: 1. Adopt the general policy of the Office, have it approved by the Executive Council, and oversee its implementation. 2. Issue the regulatory and implementing rules of the Office after being approved by the Executive Council. 3. Adopt the draft annual budget of the Office and have it approved by the Executive Council. 4. Adopt the organisational structure of the Office and have it approved by the Executive Council. 5. Represent the Office before courts and others. 6. Appoint employees and terminate their services in accordance with the applicable legislations. 7. Appoint experts, consultants and technicians on a temporary or permanent basis and determine their compensation. He may seek the assistance of any experts and consulting establishments and offices as he deems appropriate. 8. Enter into contracts and operational agreements with all entities within the limits of the Office’s competencies. 9. Enter into contracts and strategic agreements with all entities, including the conclusion of memorandums of understanding upon the approval of the Executive Council. 10. Open bank accounts in the name of the Office, manage and operate these accounts in accordance with the regulations applicable at the Office. 11. Any other competencies assigned to him by the Executive Council. • The Chairman may delegate some of his competencies to senior officials of the Office. 22 Article (5) The Office shall have a Director-General who holds the position of undersecretary of department and who shall be appointed by a resolution of the Chairman of the Executive Council. He shall manage the day-to-day work of the Office, and may in particular: 1. Monitor the performance of the organisational units in carrying out all their administrative competencies. 2. Propose the general policy of the Office. 3. Propose the regulatory and implementing rules of the Office. 4. Propose the draft annual budget of the Office. 5. Propose the organisational structure of the Office. 6. Any other duties assigned thereto by the Chairman. Article (6) Subject to the provisions of this Law, the rules, regulations and resolutions issued in the implementation of the provisions of the aforesaid Law No. (2) of 2006 shall remain applicable to the Office until the issuance of the rules, regulations and resolutions relating to the Office in accordance with the applicable legislations. Article (7) The financial resources of the Office shall consist of the following: • The annual appropriations allocated thereto by the Government of Abu Dhabi. • Any other revenues approved by the Executive Council. Article (8) The fiscal year of the Office shall commence on the first of January and end 23 by the end of December of each year, except for the first fiscal year that shall commence as of the effective date of this Law and end by the end of December of the following year. Article (9) The Office shall have one or more external certified auditors to audit the accounts and financial statements of the Office. The auditors shall be appointed and their remunerations shall be determined by a resolution of the Chairman. Article (10) All the Concerned Entities shall undertake to provide the Office with all the information, documents and data related to its duties and competencies upon its request. Article (11) A resolution shall be issued by the Executive Council to determine the Concerned Entities that shall be under the supervision of the Office. Article (12) • The Supporting Executive Entities shall report to the Office and operate under its supervision and management. Each of said Entities shall have a director-general who shall be appointed by a resolution of the Chairman of the Executive Council. • The Office shall submit the policies and strategies of the Supporting Executive Entities and the periodic reports on the works and activities of said Entities as well as their annual budget and final accounts to the Executive Council for approval. 24 Article (13) The employees of the General Secretariat of the Executive Council, who shall be designated in coordination between the Chairman and the Secretary- General of the Executive Council, shall be transferred to the Office. Article (14) • The aforesaid Chairman of the Executive Council Resolution No. (118) of 2016 shall be repealed. • Any text or provision, prescribed in the legislations of the Supporting Executive Entities, which is contrary to the provisions of this Law, shall be repealed. • Any text or provision contrary to the provisions of this Law shall be repealed. Article (15) This Law shall be effective from the date of its issuance and shall be published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 20 February 2018 Corresponding to: 4 Jumada Al Akher 1439 H 25 Law No. (4) of 2018 Concerning the General Secretariat of the Executive Council We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments; • Law No. (2) of 1971 concerning the National Consultative Council and its amendments; • Law No. (2) of 2006 concerning the General Secretariat of the Executive Council; • Chairman of the Executive Council Resolution No. (119) of 2016 concerning the General Secretariat of the Executive Council; and • Based on what was presented to and approved by the Executive Council; Issued the following Law: Article (1) In the implementation of the provisions of this Law, the following words and phrases shall have the meanings corresponding thereto unless the context requires otherwise: Emirate : The Emirate of Abu Dhabi. Executive Council : The Executive Council of the Emirate. Executive Council : The Executive Committee and the Sub-committees. Committees General : General Secretariat of the Executive Council. Secretariat 26 Secretary- : Secretary-General of the Executive Council. General Governmental : The public departments, authorities and Entities institutions, agencies, centres, councils and funds and any other entity affiliated to the government of Abu Dhabi. Article (2) • The Executive Council shall have a General Secretariat, with an independent legal personality and full legal capacity to act. • The General Secretariat shall be chaired by a Secretary-General who shall hold the position of Chairman of Department, be appointed by an Amiri Decree, and shall be a member of the Executive Council. Article (3) The General Secretariat is the administrative body entrusted with preparing for the meetings of the Executive Council, arranging its sessions, preparing its agenda, setting its minutes, keeping all of its documents, in addition to other duties and responsibilities entrusted to it in accordance with the provisions of this Law, and it may in particular: 1. Adjust and harmonise the strategic and implementing plans of the Emirate in accordance with the strategic, administrative and legal controls in force, and submit them to the Executive Council for approval. 2. Study the topics upon the instruction of the Executive Council or its Chairman and follow up the implementation of the instructions issued thereon. 27 3. Receive and review the applications and topics submitted to the Executive Council. 4. Provide support to the members of the Executive Council. 5. Provide support to the Executive Council to make the appropriate decisions and conduct the work of the Executive Council in terms of the preparation and presentation process. 6. Follow up the implementation of the legislations and the resolutions of the Executive Council. 7. Follow up the performance of the Executive Council Committees on the administrative and legal levels and submit periodic reports thereon. 8. Manage the Abu Dhabi Award for Excellence in Government Performance. 9. Organise the channels of communication for the Executive Council and the General Secretariat with the Federal authorities, courts of the Rulers and Crown Princes, the local Executive Councils, the international bodies and other bodies as determined by the Executive Council. 10. Supervise the protocol and diplomatic affairs in coordination with the concerned local and Federal authorities and other bodies, develop their policies and strategies and oversee their implementation. 11. Receive the complaints from persons and entities and forward them to the competent authorities such as Abu Dhabi Executive Office and Abu Dhabi Accountability Authority and follow up with them. 12. Provide the legal opinion on the topics presented before the Executive Council. 13. Manage and resolve controversial issues and complaints in case they are not settled by the Governmental Entities and the Executive Council 28 Committees and provide final legal opinion thereon in coordination with the relevant authorities. 14. Review and submit the local and Federal draft laws, decrees, rules, resolutions, regulations and agreements to the Executive Council for approval. 15. Prepare and issue the Official Gazette of the Emirate. 16. Any other competencies or duties assigned thereto by the Executive Council. Article (4) • The Secretary-General shall have the competence to supervise the work of the General Secretariat and shall be responsible for it before the Executive Council and shall particularly assume the following competencies: 1. Convoke the Executive Council upon the approval of the Chairman of the Executive Council, oversee the organisation of its meetings, setting its minutes and keeping its documents and records. 2. Approve the topics to be brought before the Executive Council. 3. Adopt the general policy of the General Secretariat, have it approved by the Executive Council, and oversee its implementation. 4. Issue the regulatory and implementing rules of the General Secretariat after being approved by the Executive Council. 5. Adopt the draft annual budget of the General Secretariat and have it approved by the Executive Council. 6. Adopt the organisational structure of the General Secretariat and have it approved by the Executive Council. 7. Represent the General Secretariat before courts and others. 8. Appoint employees and terminate their services in accordance with the applicable legislations. 29 9. Appoint experts, consultants and technicians on a temporary or permanent basis and determine their compensation and he may seek the assistance of any experts and consulting establishments and offices. 10. Enter into contracts and operational agreements with all entities within the limits of the competencies of the General Secretariat. 11. Enter into contracts and strategic agreements with all entities, including the conclusion of memorandums of understanding upon the approval of the Executive Council. 12. Open bank accounts in the name of the General Secretariat, manage and operate these accounts in accordance with the regulations applicable at the General Secretariat. 13. Any other competencies assigned to him by the Executive Council. • The Secretary-General may delegate some of his competencies to senior officers of the General Secretariat. Article (5) The General Secretariat shall have a Director-General who holds the position of undersecretary of department and who shall be appointed by a resolution of the Chairman of the Executive Council. He shall manage the daily work, and may in particular: 1. Monitor the performance of the organisational units in carrying out all their administrative competencies. 2. Propose the general policy of the General Secretariat. 3. Propose the regulatory and implementing rules of the General Secretariat. 4. Propose the draft annual budget of the General Secretariat. 5. Propose the organisational structure of the General Secretariat. 6. Any other duties assigned to him by the Secretary-General. 30 Article (6) The rules, regulations and resolutions issued in implementation of the provisions of the aforesaid Law No. (2) of 2006 shall remain valid until the rules, regulations and resolutions relating to the General Secretariat are issued in accordance with the applicable legislations. Article (7) The financial resources of the General Secretariat shall consist of the following: • The annual appropriations allocated thereto by the Government of Abu Dhabi. • Any other revenues approved by the Executive Council. Article (8) The fiscal year of the General Secretariat shall commence on the first of January and end by the end of December of each year. Article (9) The General Secretariat shall have one or more external certified auditors to audit the accounts and financial statements of the General Secretariat. The auditors shall be appointed, and their remunerations shall be determined by a resolution of the Secretary-General. Article (10) All the Concerned Entities shall undertake to provide the General Secretariat with all the information, documents and data related to its duties and competencies upon its request. 31 Article (11) • The aforesaid Law No. (2) of 2006 shall be repealed. • The aforesaid Chairman of the Executive Council Resolution No. (119) of 2016 shall be repealed. • Any text or provision contrary to the provisions of this Law shall be repealed. Article (12) This Law shall be effective from the date of its issuance and shall be published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 20 February 2018 Corresponding to: 4 Jumada Al Akher 1439 H 32 Law No. (5) of 2018 Concerning the Establishment of the Department of Urban Planning and Municipalities We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments; • Law No. (2) of 1971 concerning the National Consultative Council and its amendments; • Law No. (4) of 1983 concerning the regulation of Construction Works and its amendments; • Law No. (2) of 2000 concerning Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi and its amendments; • Law No. (3) of 2005 concerning the regulation of Real Estate Registration in the Emirate of Abu Dhabi; • Law No. (19) of 2005 concerning Real Estate Property and its amendments; • Law No. (10) of 2006 concerning the Municipality and Municipal Council of the Western Region of the emirate of Abu Dhabi and its amendments; • Law No. (10) of 2007 concerning the Municipality and Municipal Council of Abu Dhabi City in the Emirate of Abu Dhabi and its amendments; • Law No. (11) of 2007 concerning the Municipality and Municipal Council of Al Ain City in the Emirate of Abu Dhabi and its amendments; • Law No. (23) of 2007 concerning the establishment of Abu Dhabi Urban Planning Council and its amendments; • Law No. (8) of 2013 concerning the new competencies of the Department 33 of Economic Development and the Department of Municipal Affairs; • Law No. (3) of 2015 concerning the regulation of the Real Estate sector in the Emirate of Abu Dhabi; • Law No. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi; • Law No. (13) of 2016 concerning the establishment of the Department of Municipal Affairs and Transport; • Law No. (1) of 2017 concerning the Financial System of the Government of Abu Dhabi; • Law No. (7) of 2017 concerning the amendment of the names of Abu Dhabi's Eastern and Western Regions; • Law No. (3) of 2018 concerning Abu Dhabi Executive Office; and • Based on what was presented to and approved by the Executive Council; Issued the following Law: Section (1) Definitions Article (1) In the implementation of the provisions of this Law, the following words and phrases shall have the meanings corresponding thereto unless the context requires otherwise: State : The United Arab Emirates. Emirate : The Emirate of Abu Dhabi. Executive : The Executive Council of the Emirate. Council Department : The Department of Urban Planning and Municipalities. 34 Sector : The sector concerned with everything that is of Urban established above and below land, whether Planning and permanently or temporarily, and all that leads Municipalities to change in it, including the determination of sites, areas and uses, and any land and marine installations of all kinds held on it, setting criteria for its development and design and the materials used in it, the aesthetic works, and all matters related to the City’s appearance, the determination of paths and locations of the infrastructure, its dimensions and the dredging and reclamation works, in addition to all works and data associated with its planning, ownership, design, licensing, implementation, usage, maintenance, modification, removal and provision of services associated with it, and all entities and companies directly operating therein and their workforce, in addition to all matters related to the work of the municipalities in the Emirate according to the competencies granted to them. Municipality : Abu Dhabi City Municipality, Al Ain City Municipality or Al Dhafra Region Municipality, or any municipality that may be established in the Emirate in the future. Affiliates : Entities operating in the Sector of Urban Planning and Municipalities that are affiliated to the Department, under its control and supervision and which are specified by a resolution of the Executive Council. 35 Section (2) Establishment, Objectives and Competencies of the Department Article (2) • Pursuant to the provisions of this law, a department called "Department of Urban Planning and Municipalities" shall be established, and shall replace the Department of Municipal Affairs and Transport and Abu Dhabi Urban Planning Council. • The employees and staff of the Department of Municipal Affairs and Transport and the Abu Dhabi Urban Planning Council, along with all of the assets, properties, rights and obligations of said two entities, shall be transferred to the Department. The Department shall be the legal successor to said two entities. Article (3) The Department aims at supporting the urban growth and development of the Emirate, directing, organising and monitoring the urban development activities, upgrading municipal work to provide appropriate level of services and ensuring decent living conditions to all residents of the Emirate through its supervision and control over the municipalities and municipal councils. Article (4) • In order to achieve its objectives, the Department shall assume the following competencies: 1. Propose the strategic and implementing plans for the Sector of Urban Planning and Municipalities in the Emirate, have them approved by the Executive Council and supervise their implementation. 2. Follow-up the Affiliates’ undertaking to implement the strategic and implementing plans for the Sector of Urban Planning and Municipalities. 36 3. Monitor and supervise all the Affiliates such as their disbursements from their budgets and the revenues earned, as well as their commitment to their duties and competencies, and approve their strategic and implementing plans. 4. Regulate the Sector of Urban Planning and Municipalities in all aspects through the development of policies, standards, regulations, resolutions and implementing and operational circulars for said Sector. 5. Monitor and supervise the Sector of Urban Planning and Municipalities in accordance with the relevant legislations, conventions and treaties in force for said Sector on the local and international levels, and in coordination with the relevant entities in the State and abroad. 6. License all entities, companies and persons working in the Sector of Urban Planning and Municipalities and monitor their commitment to providing the optimum level of quality of services in accordance with the legislations in force, and in coordination with the relevant entities. 7. Propose the fees, tariffs and prices related to its competencies and submit them to the Executive Council for approval, in accordance with the applicable regulations. 8. Submit periodic reports and analytical studies to Abu Dhabi Executive Office in relation to the Department's competencies. 9. Encourage investments and partnerships with the private sector for projects related to the competencies of the Department in coordination with the relevant entities. 10. Any other competencies or duties assigned thereto by the Executive Council. • The Department may delegate some of its competencies to any other governmental entity or outsource some to the private sector upon the approval of the Executive Council. 37 Article (5) • The Chairman of the Executive Council shall issue a resolution to specify any additional competencies of the Department. • The Executive Council may amend the Department’s competencies mentioned in this law or in any other legislation by deletion, addition or transfer. Article (6) • The Abu Dhabi City Municipality, Al Ain City Municipality, Al Dhafra Municipality and any Municipality that is established in the future shall be affiliated to the Department. The Department shall take charge of monitoring and supervising the municipalities and may propose the necessary modifications to their organisational structures and submit them to the Executive Council for approval in accordance with the applicable legislations. For this purpose, the Department may issue the regulations and resolutions necessary to ensure the proper operation of their work. • The directors-general in the municipalities shall be appointed by a resolution of the Chairman of the Executive Council. The resolution shall specify their competencies and duties. Article (7) The Municipal Council in the Municipalities shall be responsible for improving the level of services provided in the region and determining the manner by which the municipality accomplishes its functions and shall provide the support required for this end. It shall also work on activating the role of the local community in advancing the services of the region. It may in particular: 38 1. Propose the legislations falling within its competencies and submit them to the Chairman of the Department. 2. Propose the formation of any standing or temporary committees it deems necessary, and set out their powers and submit them to the Chairman of the Department for approval. 3. Monitor the works of the standing and temporary committees. 4. Any other competencies assigned to it by the Chairman of the Department. Article (8) The Chairman of the Department shall exercise all the powers and competencies vested in the Municipal Council in the Municipalities in case of its absence. Article (9) All persons, entities and public and private companies shall provide the Department with the documents and information it requires to carry out or execute its competencies. Article (10) The Executive Council shall issue a resolution to specify the Affiliates that shall be under the monitoring and supervision of the Department. Section (3) General Provisions Article (11) In agreement with the Chairman of the Department, the Chairman of Abu Dhabi Judicial Department shall issue a resolution specifying the Department’s officers who have been granted the law enforcement 39 authority for offences within their jurisdiction. They shall have the right to inspect and monitor all entities, companies and persons operating in the Sector of Urban Planning and Municipalities, in order to verify the implementation of the provisions of this Law and its implementing regulations, resolutions and circulars.
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Abu Dhabi Official Gazette - 2018 Edition 2018 — segment 2
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Abu Dhabi Official Gazette - 2018 Edition 2018 — segment 2
The text mainly says you cannot carry out regulated activities or use transport means without Department authorisation or licensing, and it sets fines and other administrative penalties for violations.
Article (12) • It is prohibited to establish any works, constructions or projects or to carry out any activity within the competencies of the Department without obtaining an authorisation from the Department in accordance with the applicable regulations. • The person authorised under the preceding paragraph shall comply with the authorisation limits granted to him by the Department, and respect the legislations, regulations and resolutions applicable in this regard. Article (13) • Without prejudice to any more severe penalty provided for by any other law, an administrative fine of no more than AED (10,000,000) ten million shall be imposed on whoever violates the provisions of this Law and its regulatory and implementing rules as well as its implementing regulations, policies, resolutions and circulars. • The Department shall take charge of collecting the administrative fines. Upon the approval of the Executive Council, the Chairman of the Department shall issue a schedule specifying the offences and the administrative fines prescribed for each of them, without exceeding the fine provided for in this Article. • The Chairman of the Department, or whom he authorises, may propose reconciliation to the offender, provided that this is established in the 40 record of proceedings. The offender who accepts reconciliation shall pay a fine equivalent to 75% of the total administrative fine determined for the offence within a period not exceeding sixty days from the date of proposing the reconciliation. • In all cases, if the offender fails to remove the effects of the offence on the date scheduled, the Department shall remove such effects at the expense of the offender. • The regulatory and implementing rules of this Law shall specify the procedures of the above-mentioned reconciliation, including its timeframes. Article (14) • The Department may impose any of the following administrative penalties: 1. Notice. 2. Warning. 3. Placing the establishment under financial, administrative and technical supervision. 4. Temporary suspension of activity. 5. Cancellation or suspension of the licence. 6. Closing of the establishment temporarily or permanently. • Grievances may be filed against the administrative penalties before the Department within sixty days from the date of notification of the grievant. Failure to decide upon the grievance within 90 days from the date of its submission shall be regarded as acceptance of the grievance. • The regulatory and implementing rules of this Law shall determine the procedures and controls required for the application of the aforesaid administrative penalties. 41 Article (15) The Department shall propose its organisational structure and submit it to the Executive Council for approval, in accordance with the applicable regulations. Article (16) • The financial laws and regulations in force in the Emirate shall apply to the Department. • The human resources laws and regulations in force in the Emirate shall apply to the employees of the Department. • The Civil Retirement Pensions and Benefits law in force in the Emirate shall apply to the nationals. Article (17) • Upon the approval of the Executive Council, the Chairman of the Department shall issue the regulatory and implementing rules of this Law. • The policies, regulations, rules, resolutions and circulars in force shall remain applicable in a manner consistent with the provisions of this Law until the issuance of its implementing policies, regulations, rules, resolutions and circulars. • The Chairman of the Department shall issue the implementing and operational policies of this Law. Article (18) • The aforesaid Law No. (23) of 2007 and Law No. (13) of 2016 shall be repealed. • Any text or provision, prescribed in the legislations establishing Affiliates, 42 which is contrary to the provisions of this Law, shall be repealed. • Any text or provision contrary to the provisions of this Law shall be repealed. Article (19) This Law shall be effective from the date of its issuance and shall be published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 20 February 2018 Corresponding to: 4 Jumada Al Akher 1439 H 43 Law No. (6) of 2018 Concerning the Establishment of the Department of Transport We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments; • Law No. (2) of 1971 concerning the National Consultative Council and its amendments; • Law No. (2) of 2000 concerning Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi and its amendments; • Law No. (19) of 2006 concerning the Regulation of Transport via taxis in the Emirate of Abu Dhabi and its amendments; • Law No. (18) of 2009 concerning the Regulation of Vehicle parking facilities in the Emirate of Abu Dhabi; • Law No. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi; • Law No. (1) of 2017 concerning the Financial System of the government of Abu Dhabi; • Law No. (17) of 2017 concerning the Road Toll in the Emirate of Abu Dhabi; • Law No. (3) of 2018 concerning Abu Dhabi Executive Office; • Law No. (5) of 2018 concerning the Establishment of the Department of Urban Planning and Municipalities; and • Based on what was presented to and approved by the Executive Council; 44 Issued the following Law: Section (1) Definitions Article (1) In the implementation of the provisions of this Law, the following words and phrases shall have the meanings corresponding thereto unless the context requires otherwise: State : The United Arab Emirates. Emirate : The Emirate of Abu Dhabi. Executive : The Executive Council of the Emirate. Council Department : The Department of Transport. Transport : The maritime sector, civil aviation sector and the Sector land transport sector in the Emirate, and their related activities, infrastructure, systems and means of transport. Affiliates : The entities operating in the Transport Sector affiliated to the Department and under its control and supervision and are which are specified by a resolution of the Executive Council. Airports : Civil airports existing in the Emirate, and those that may be established in the future. Ports : Ports existing in the Emirate and any other ports that may be established in the future except oil ports and ports of the armed forces. 45 Maritime : The sector concerned with all marine activities and Sector affairs in the Emirate's waters, ships, navigational aids, ports, waterways, facilities, berths, infrastructure, licenses, permits, approvals, commercial activities, safety, security and their associated environment. Civil Aviation : The sector concerned with all matters related to Sector civil aviation and related aspects, including but not limited to the air transport (commercial and private), air navigation, air operations, airports, training and all related activities. Emirate’s : Waterways, canals, bodies of water and waters Waters surrounding the Emirate's islands, as well as inland waters and coastlines within the Emirate’s borders. Waterways : The water areas surrounding the islands, whether natural or artificial, as well as the coasts close to the beaches in the Emirate. Ship : Any facility which usually operates, or is intended to operate in maritime navigation regardless of its power, cargo or the purpose of its navigation, irrespective of its type or shape, whether being with or without an engine, designated for the carriage of persons or goods or for any other commercial, non-commercial, sport, or tourism purposes, or for fishing, cruising or being used for trade, including the floating houses. 46 Maritime : Any boat, yacht, vessel, watercraft or any other mobile Means of and drivable maritime means of transport whatever its transport purpose of use, which moves in the Emirate’s waters, except for the internationally classified commercial ships. Land : The sector concerned with all types of means of land Transport communication and transport, including traffic and Sector public transport, land and water means of transport, means of transport of passengers, means of transport of goods, the regulation of parking areas, weigh stations, intelligent transport systems, activities, infrastructure, facilities, services, logistics and assets, and the related booking and distribution services, including school transport, labours transport, tourism transport, cycling and pedestrian routes, management of congestion, mobility, safety, health and environment related to the Sector. Land : Any means intended for the transport of persons Transport and goods, whether being a vehicle, a bus, a truck, a Means locomotive, a trailer, any mechanical vehicle, bicycle, motorcycle, cart or any other device travelling on roads by mechanical force or by any other means, an amphibious vehicle or driverless vehicle, including light and heavy vehicles, tractors, mechanical devices of all types, as well as connected and autonomous electric vehicles. 47 Public : Transport for individuals and their luggage by different Transport means of transport that are classified as means of public transport, either being land or water transport into and out of the Emirate, including transport by bus, train, metro, tram and taxi. It also includes supporting infrastructure such as passenger and vehicle terminals, waiting stations, control centres, loading docks, as well as the railway workshops, lines and tracks. Means of : Any means intended for the public transport of persons Public Water and goods within the waters of the Emirate, including Transport but not limited to what is referred to as water bus or water taxi. Transport of : It includes the transport of materials and live animals Goods by different means of transport designated for each type of goods. Roads : Lands allocated for road traffic, either paved or unpaved, including all types of roads, inter alia roads of maintenance and emergency, detours, bridges, streets, tunnels, pathways and associated shoulders, trenches, drains, sidewalks, pavements, safety islands, roundabouts, squares, yards, sign boards, lighting equipment, light signals, control devices and their accessories, in addition to load-bearing walls and their barriers. 48 Weigh : Stations for monitoring the weights of freight vehicles. Stations Intelligent : Electronic, electrical and mechanical systems and Transport equipments installed on roads and means of transport Systems connected, via a wired and wireless telecommunication network, to central computers containing software that are managed through dedicated control centres that monitor and analyse the traffic data and make the necessary changes automatically to ensure the continuity of operation. Such systems cover control of traffic, transport network, accident management, ensuring traffic flow and raising safety standards for the road network and means of transport. They also include electronic payment and collection systems for the fees charged for transport, parking areas, road use, as well as connected and autonomous electric vehicles. Section (2) Establishment, Objectives and Competencies of the Department Article (2) • Pursuant to the provisions of this law, a department called "Department of Transport" shall be established and shall be the legal successor to the Department of Municipal Affairs and Transport for the matters related to the Transport Sector. • All of the assets and properties of the Department of Urban Planning 49 and Municipalities, as well as the rights and obligations related to said Department, shall be transferred to the Department of Transport, upon the approval of both the Chairman of the Department of Transport and the Chairman of the Department of Urban Planning and Municipalities. • All employees and staff of the Department of Urban Planning and Municipalities, whose duties are related to the Transport Sector, shall be transferred to the Department of Transport, upon the approval of both the Chairman of the Department of Transport and the Chairman of the Department of Urban Planning and Municipalities. Article (3) The Department aims at achieving the following: • Achieving the highest level of economic growth, service, safety and security standards, environmental protection and technological development in the Transport Sector in the Emirate. • Achieving the optimal level in the fields of ship services, cargo handling and storage, and keeping pace with the developments in the field of maritime transport, in accordance with the applicable legislations and in cooperation with the competent authorities in the State. Article (4) In order to achieve its objectives, the Department shall assume the following competencies: 1. Propose the strategic and implementing plans for the Transport Sector in the Emirate, have them approved by the Executive Council and supervise their implementation. 2. Follow-up the Affiliates’ undertaking to implement the strategic and 50 implementing plans for the Transport Sector. 3. Monitor and supervise all the Affiliates’ such as their disbursements from their budgets and their revenues earned, as well as their commitment to their duties and competencies, and approve their strategic and implementing plans. 4. Regulate the Transport Sector in all aspects through the development of policies, standards, regulations, resolutions and implementing and operational circulars for said Sector. 5. Monitor and supervise the Transport Sector in accordance with the relevant legislations, conventions and treaties in force for said Sector on the local and international levels, and in coordination with the relevant entities in the State and abroad. 6. License all entities, companies and persons working in the Transport Sector and monitor their commitment to providing the optimum level of quality of services in accordance with the legislations in force, and in coordination with the relevant entities. 7. Propose the fees, tariffs and prices related to its competencies and submit them to the Executive Council for approval, in accordance with the applicable regulations. 8. Submit periodic reports and analytical studies to Abu Dhabi Executive Office in relation to the Department's competencies. 9. Encourage investments and partnerships with the private sector for projects related to the competencies of the Department in coordination with the relevant entities. 10. Any other competencies or duties assigned thereto by the Executive Council. • The Department may delegate some of its competencies to any other 51 governmental entity or outsource some to the private sector upon the approval of the Executive Council. Article (5) • The Chairman of the Executive Council shall issue a resolution to specify any additional competencies of the Department. • The Executive Council may amend the Department’s competencies mentioned in this Law or in any other legislation by deletion, addition or transfer. Article (6) All persons, entities and public and private companies shall provide the Department with the documents and information it requires to carry out or execute its competencies. Article (7) The Executive Council shall issue a resolution to determine the Affiliates that shall be under the monitoring and supervision of the Department. Section (3) General Provisions Article (8) In agreement with the Chairman of the Department, the Chairman of Abu Dhabi Judicial Department shall issue a resolution specifying the Department’s officers who have been granted the law enforcement authority for offences within their jurisdiction. They shall have the right to inspect and monitor all entities, companies and persons operating in the Sector of Urban Planning 52 and Municipalities, in order to verify the implementation of the provisions of this Law and its implementing regulations, resolutions and circulars. Article (9) • It is prohibited to establish any works, constructions or projects or to carry out any activity within the competencies of the Department without having obtained an authorisation from the Department in accordance with the applicable regulations. • The person authorised under the preceding paragraph shall comply with the authorisation limits granted to him by the Department, and respect the legislations, regulations and resolutions applicable in this regard. • No means of transport may be used for the performance of any of the activities regulated by the Department unless it is licensed or granted the necessary authorisation in accordance with the applicable legislations. Article (10) • Without prejudice to any more severe penalty provided for by any other law, an administrative fine of no more than AED (10,000,000) ten million shall be imposed on whoever violates the provisions of this Law and its regulatory and implementing rules as well as its implementing regulations, policies, resolutions and circulars. • The Department shall take charge of collecting the administrative fines. Upon the approval of the Executive Council, the Chairman of the Department shall issue a schedule specifying the offences and the administrative fines prescribed for each of them, without exceeding the fine provided for in this Article. • The Chairman of the Department or whom he authorises, may propose 53 reconciliation to the offender, provided that this is established in the record of the proceedings. The offender who accepts reconciliation shall pay a fine equivalent to 75% of the total administrative fine determined for the offence within a period not exceeding sixty days from the date of proposing the reconciliation. • In all cases, if the offender fails to remove the effects of the offence on the date scheduled, the Department shall remove such effects at the expense of the offender. • The regulatory and implementing rules of this Law shall specify the procedures of the above-mentioned reconciliation, including its timeframes. Article (11) • The Department may impose any of the following administrative penalties: 1. Notice. 2. Warning. 3. Placing the establishment under financial, administrative and technical supervision. 4. Temporary suspension of activity. 5. Cancellation or suspension of the licence. 6. Closing of the establishment temporarily or permanently. 7. Administrative removal of foreign persons who commit the administrative offense after fulfilling any other administrative sanctions imposed. • Grievances may be filed against the administrative penalties before the Department within sixty days from the date of notification of the grievant. 54 Failure to decide upon the grievance within 90 days from the date of its submission shall be regarded as acceptance of the grievance. • The regulatory and implementing rules of this Law shall determine the procedures and controls required for the application of the aforesaid administrative penalties. Article (12) The Department may coordinate and establish electronic linkage with the relevant entities. It may take all necessary measures in coordination with said entities, if needed, to remove any means of transport associated with the transport sectors, withdraw, tow and seize it provisionally when required by law, until a judicial ruling is issued to seize said means of transport and sell it at public auction six months after its seizure, while the offender shall pay the fees and fines and correct the offences resulting in consequence, in accordance with the provisions of the applicable legislation. Article (13) The Department shall propose its organisational structure and submit it to the Executive Council for approval, in accordance with the applicable regulations. Article (14) • The financial laws and regulations in force in the Emirate shall apply to the Department. • The human resources laws and regulations in force in the Emirate shall apply to the employees of the Department. • The Civil Retirement Pensions and Benefits law in force in the Emirate shall apply to the nationals. 55 Article (15) • Upon the approval of the Executive Council, the Chairman of the Department shall issue the regulatory and implementing rules of this Law. • The policies, regulations, rules, resolutions and circulars in force shall remain applicable in a manner consistent with the provisions of this Law until the issuance of its implementing policies, regulations, rules, resolutions and circulars. • The Chairman of the Department shall issue the necessary implementing and operational policies of this Law. Article (16) • Any text or provision, prescribed in the legislations establishing Affiliates, which is contrary to the provisions of this Law, shall be repealed. • Any text or provision contrary to the provisions of this Law shall be repealed. Article (17) This Law shall be effective from the date of its issuance and shall be published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 20 February 2018 Corresponding to: 4 Jumada Al Akher 1439 H 56 Law No. (7) of 2018 Concerning the Reorganisation of the Department of Economic Development We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments; • Law No. (2) of 1971 concerning the National Consultative Council and its amendments; • Law No. (2) of 2000 concerning Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi and its amendments; • Law No. (2) of 2009 concerning the Establishment of the Department of Economic Development; • Law no. (8) of 2013 concerning the New Competencies of the Department of Economic Development and the Department of Municipal Affairs; • Law No. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi; • Law No. (1) of 2017 concerning the Financial System of the Government of Abu Dhabi; • Law No. (3) of 2018 concerning Abu Dhabi Executive Office; • Federal Law No. (2) of 2015 concerning Commercial Companies and its amendments; and • Based on what was presented to and approved by the Executive Council; Issued the following Law: 57 Section (1) Definitions Article (1) In the implementation of the provisions of this Law, the following words and phrases shall have the meanings corresponding thereto unless the context requires otherwise: State : The United Arab Emirates. Emirate : The Emirate of Abu Dhabi. Executive : The Executive Council of the Emirate. Council Department : The Department of Economic Development. Economic : Any commercial, industrial, craftful, professional, Sector agricultural or service activity or any activity that may be exercised in accordance with the applicable legislations. Affiliates : The entities operating in the Economic Sector that are affiliated to the Department under its control and supervision, and which are specified by a resolution of the Executive Council. Section (2) Objectives and Competencies of the Department Article (2) The Department shall aim at achieving the following: • Work towards sustainable economic development in the Emirate by adopting the principles of knowledge economy. • Regulate the sector of business and economic affairs and propose related policies and legislations. 58 • Set the development programs, plans and projects through supporting the innovation, adopting the best economic and administrative practices, employing the best human resources, and draw upon the international technology and expertise in this field. • Work towards the realisation of the economic interests of the Emirate through the cooperation with the specialised international and regional organisations and promote the competitiveness of the Emirate on the regional and international level. • Create an economic environment based on the accuracy and transparency of information and the use of technology in a manner to enable companies and institutions to benefit from information technology and identify the investment opportunities available in the Emirate. • Provide a suitable environment for investment by contributing to the preparation of marketing and promotional plans and raise the economic and investment awareness. Article (3) • In order to achieve its objectives, the Department shall assume the following competencies: 1. Propose the strategic and implementing plans for the Economic Sector in the Emirate, have them approved by the Executive Council and supervise their implementation. 2. Follow-up the Affiliates’ undertaking to implement the strategic and implementing plans for the Economic Sector. 3. Monitor and supervise all the Affiliates such as their disbursements from their budgets and revenues earned, as well as their commitment to their duties and competencies, and approve their strategic and implementing plans. 59 4. Regulate the Economic Sector in all aspects through the development of policies, standards, regulations, resolutions and implementing and operational circulars for said Sector. 5. Monitor and supervise the Economic Sector in accordance with the relevant legislations, conventions and treaties in force for said Sector on the local and international levels, and in coordination with the relevant entities in the State and abroad. 6. License all entities, companies and persons working in the Economic Sector and monitor their commitment to providing the optimum level of quality of services in accordance with the legislations in force, and in coordination with the relevant entities. 7. Propose the fees, tariffs and prices related to its competencies and submit them to the Executive Council for approval, in accordance with the applicable regulations. 8. Submit periodic reports and analytical studies to Abu Dhabi Executive Office in relation to the Department's competencies. 9. Encourage investments and partnerships with the private sector for projects related to the competencies of the Department in coordination with the relevant entities. 10. Any other competencies or duties assigned thereto by the Executive Council. • The Department may delegate some of its competencies to any other governmental entity or outsource some to the private sector upon the approval of the Executive Council. 60 Article (4) • The Chairman of the Executive Council shall issue a resolution to specify any additional competencies of the Department. • The Executive Council may amend the Department’s competencies mentioned in this Law or in any other legislation by deletion, addition or transfer. Article (5) All persons, entities and public and private companies shall provide the Department with the documents and information it requires to carry out or execute its competencies. Article (6) The Executive Council shall issue a resolution to specify the Affiliates falling under the monitoring and supervision of the Department. Section (3) General Provisions Article (7) In agreement with the Chairman of the Department, the Chairman of Abu Dhabi Judicial Department shall issue a resolution specifying the Department’s officers who have been granted the law enforcement authority for offences within their jurisdiction. They shall have the right to inspect and monitor all entities, companies and persons operating in the Economic Sector, in order to verify the implementation of the provisions of this Law and its implementing regulations, resolutions and circulars. 61 Article (8) • No natural or legal person may exercise any activity related to the Economic Sector without having obtained the required license from the Department. • Whoever violates the provisions of paragraph 1 of this Article shall be sentenced to imprisonment for a period of no less than three months and no more than one year and to a fine of no less than AED (40,000) forty thousand and no more than AED (100,000) one hundred thousand or to either of the two penalties. Article (9) • Should the establishment delay the renewal of its license for more than one month from its expiry date, it shall be sentenced to an administrative fine of AED (200) two hundred for each month of delay or part thereof up to a maximum of AED (4,000) four thousand. The Department may close the facility whose licence has expired for a period exceeding three months. • The Department may exempt the licensee from the license fees for the period of non-renewal if the licensee submits a proof of non-exercise of the activity throughout the period of stoppage. Article (10) • Without prejudice to any more severe penalty provided for by any other law, an administrative fine of no more than AED (10,000,000) ten million shall be imposed on whoever violates the provisions of this Law and its regulatory and implementing rules as well as its implementing regulations, policies, resolutions and circulars. • The Department shall take charge of collecting the administrative 62 fines. Upon the approval of the Executive Council, the Chairman of the Department shall issue a schedule specifying the offences and the administrative fines prescribed for each of them, without exceeding the fine provided for in this Article. • The Chairman of the Department or whom he authorises, may propose reconciliation to the offender, provided that this is established in the record of proceedings. The offender who accepts reconciliation shall pay a fine equivalent to 75% of the total administrative fine determined for the offence within a period not exceeding sixty days from the date of proposing the reconciliation. • In all cases, if the offender fails to remove the effects of the offence on the date scheduled, the Department shall remove such effects at the expense of the offender. • The regulatory and implementing rules of this Law shall specify the procedures of the above-mentioned reconciliation, including the timeframes. Article (11) • The Department may impose any of the following administrative penalties: 1. Notice. 2. Warning. 3. Placing the establishment under financial, administrative and technical supervision. 4. Temporary suspension of the activity. 5. Cancellation or suspension of the licence. 6. closing the establishment temporarily or permanently. • Grievances may be filed against the administrative penalties before the Department within sixty days from the date of notification of the grievant. 63 Failure to decide upon the grievance within 90 days from the date of its submission shall be regarded as an acceptance of the grievance. • The regulatory and implementing rules of this Law shall determine the procedures and controls for the application of the aforesaid administrative penalties. Article (12) The Department shall propose its organisational structure and submit it to the Executive Council for approval, in accordance with the applicable regulations. Article (13) • The financial laws and regulations in force in the Emirate shall apply to the Department. • The human resources laws and regulations in force in the Emirate shall apply to the employees of the Department. • The Civil Retirement Pensions and Benefits law in force in the Emirate shall apply to the nationals. Article (14) • Upon the approval of the Executive Council, the Chairman of the Department shall issue the regulatory and implementing rules of this Law. • The policies, regulations, rules, resolutions and circulars in force shall remain applicable in a manner consistent with the provisions of this Law until the issuance of its implementing policies, regulations, rules, resolutions and circulars. • The Chairman of the Department shall issue the implementing and operational policies of this Law. 64 Article (15) • The aforesaid Law No. (2) of 2009 shall be repealed. • The Schedule of Violations attached to the aforesaid Law No. (2) of 2009 and any amendments thereto shall remain in force unless amended in accordance with the provisions of this Law. • Any text or provision, prescribed in the legislations establishing Affiliates, which is contrary to the provisions of this Law, shall be repealed. • Any text or provision contrary to the provisions of this Law shall be repealed. Article (16) This Law shall be effective from the date of its issuance and shall be published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 20 February 2018 Corresponding to: 4 Jumada Al Akher 1439 H 65 Law No. (8) of 2018 Concerning the Establishment of the Department of Culture and Tourism We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments; • Law No. (2) of 1971 concerning the National Consultative Council and its amendments; • Law No. (2) of 2000 concerning Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi and its amendments; • Law No. (13) of 2006 concerning Supervision of Tourist Establishments; • Law No. (2) of 2011 concerning the Establishment of Abu Dhabi Tourism and Culture Authority; • Law No. (4) of 2016 Concerning the Cultural Heritage of the Emirate of Abu Dhabi; • Law No. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi; • Law No. (1) of 2017 concerning the Financial System of the government of Abu Dhabi; • Law No. (3) of 2018 concerning Abu Dhabi Executive Office; and • Based on what was presented to and approved by the Executive Council; Issued the following Law: 66 Section (1) Definitions Article (1) In the implementation of the provisions of this Law, the following words and phrases shall have the meanings corresponding thereto unless the context requires otherwise: State : The United Arab Emirates. Emirate : The Emirate of Abu Dhabi. Executive : The Executive Council of the Emirate. Council Department : The Department of Culture and Tourism. Affiliates : The entities operating in the cultural and tourism sector affiliated to the Department, under its control and supervision, and which are specified by a resolution of the Executive Council. Cultural : All that is related to tangible and intangible cultural Sector heritage, human intellect, and the encouragement of talents and creativity in the fields of literature, plastic arts, performing arts, knowledge and music, and the development of intellectual abilities and know-how, including public libraries, book fairs, reading activities, and all relevant cultural activities related to art, heritage and literature, in addition to public and private museums, cultural centres, as well as art and heritage exhibitions, and the encouragement of any translation, printing, publishing, or any work, service or other activity related to culture inside or outside the Emirate in line with the objectives and competencies assigned to the Department by the present Law and the relevant legislations, in addition to any other activity the Executive Council decides to be considered within the Culture Sector. 67 Cultural : All that holds cultural significance by its nature, heritage whether tangible or intangible heritage, attributed to the Emirate in accordance with the provisions of this law and aforesaid Law No. (4) of 2016. Tourism : Any work or activity related to the provision of Sector tourism, recreational or entertainment services to the public, such as hotels, resorts, restaurants, cinemas, theatres, museums, tour operators, tourist transport companies and institutions, tourism offices, entertainment and recreation facilities and any other work or activity the Executive Council decides to consider as tourism activity. Civil Society : Non-profit and public benefit organisations operating Organisations in the fields of public service and community development. Section (2) Establishment, Objectives and Competencies of the Department Article (2) • Pursuant to the provisions of this law, a department called "Department of Culture and Tourism" shall be established and shall replace Abu Dhabi Tourism and Culture Authority. • The employees and staff of Abu Dhabi Tourism and Culture Authority, along with all of the Authority’s assets, properties, rights and obligations, shall be transferred to the Department. The Department shall be the legal successor to Abu Dhabi Tourism and Culture Authority. 68 Article (3) The Department aims at preserving, protecting and managing the Emirate's cultural heritage, as well as at promoting the Emirates heritage along with its diverse touristic and natural attractions, and achieving tourism development in the Emirate. Article (4) • In order to achieve its objectives, the Department shall assume the following competencies: 1. Propose the strategic and implementing plans for the culture and tourism sector in the Emirate, have them approved by the Executive Council and supervise their implementation. 2. Follow-up the Affiliates’ undertaking to implement the strategic and implementing plans for the culture and tourism sector. 3. Monitor and supervise all the Affiliates such as their disbursements from their budgets and revenues earned, as well as their commitment to their duties and competencies, and approve their strategic and implementing plans. 4. Regulate the culture and tourism sector in all aspects through the development of policies, standards, regulations, resolutions and implementing and operational circulars for these sectors. 5. Monitor and supervise the culture and tourism sector in accordance with the relevant legislations, conventions and treaties in force for these sectors on the local and international levels, and in coordination with the relevant entities in the State and abroad. 6. License all entities, companies, persons and civil society organisations operating in the culture and tourism sector and monitor their commitment to providing the optimum level of quality of services in 69 accordance with the legislations in force, and in coordination with the relevant entities. 7. Propose the fees, tariffs and prices related to its competencies and submit them to the Executive Council for approval, in accordance with the applicable regulations. 8. Submit periodic reports and analytical studies to Abu Dhabi Executive Office in relation to the Department's competencies. 9. Encourage investments and partnerships with the private sector for projects related to the competencies of the Department in coordination with the relevant entities. 10. Any other competencies or duties assigned thereto by the Executive Council. • The Department may delegate some of its competencies to any other governmental entity or outsource some to the private sector upon the approval of the Executive Council. Article (5) • The Chairman of the Executive Council shall issue a resolution to specify any additional competencies of the Department. • The Executive Council may amend the Department’s competencies mentioned in this Law or in any other legislation by deletion, addition or transfer. Article (6) All persons, entities and public and private companies shall provide the Department with the documents and information it requires to carry out or execute its competencies. 70 Article (7) The Executive Council shall issue a resolution to specify the Affiliates that shall be under the monitoring and supervision of the Department. Section (3) General Provisions Article (8) In agreement with the Chairman of the Department, the Chairman of Abu Dhabi Judicial Department shall issue a resolution specifying the Department’s officers who have been granted the law enforcement authority for offences within their jurisdiction. They shall have the right to inspect and monitor the culture and tourism sector, in order to verify the implementation of the provisions of this Law and its implementing regulations, decisions and circulars. Article (9) Any establishment or individual shall be prohibited from exercising any activity related to the culture and tourism sector in the Emirate without obtaining the required license from the Department, in accordance with the applicable regulations. Article (10) • Without prejudice to any more severe penalty provided for by any other law, an administrative fine of no more than AED (10,000,000) ten million shall be imposed on whoever violates the provisions of this Law and its regulatory and implementing rules as well as its implementing regulations, policies, resolutions and circulars. • The Department shall take charge of collecting the administrative 71 fines. Upon the approval of the Executive Council, the Chairman of the Department shall issue a schedule specifying the offences and the administrative fines prescribed for each of them, without exceeding the fine provided for in this Article. • The Chairman of the Department or whom he authorises, may propose reconciliation to the offender, provided that it is established in the record of proceedings. The offender who accepts reconciliation shall pay a fine equivalent to 75% of the total administrative fine determined for the offence within a period not exceeding sixty days from the date of proposing the reconciliation. • In all cases, if the offender fails to remove the effects of the offence on the date scheduled, the Department shall remove such effects at the expense of the offender. • The regulatory and implementing rules of this Law shall specify the procedures of the above-mentioned reconciliation, including its timeframes. Article (11) • The Department may impose any of the following administrative penalties: 1. Notice. 2. Warning. 3. Placing the establishment under financial, administrative and technical supervision. 4. Temporary suspension of activity. 5. Cancellation or suspension of the licence. 6. Closing of the establishment temporarily or permanently. • Grievances may be filed against the administrative penalties before the Department within sixty days from the date of notification of the grievant. 72 Failure to decide upon the grievance within 90 days from the date of its submission shall be regarded as acceptance of the grievance. • The regulatory and implementing rules of this Law shall determine the procedures and controls required for the application of the aforesaid administrative penalties. Article (12) The Department shall propose its organisational structure and submit it to the Executive Council for approval, in accordance with the applicable regulations. Article (13) • The financial laws and regulations in force in the Emirate shall apply to the Department. • The human resources laws and regulations in force in the Emirate shall apply to the employees of the Department. • The Civil Retirement Pensions and Benefits in force in the Emirate shall apply to the nationals. Article (14) • Upon the approval of the Executive Council, the Chairman of the Department shall issue the regulatory and implementing rules of this Law. • The policies, regulations, rules, decisions and circulars in force shall remain applicable in a manner consistent with the provisions of this Law until the issuance of its implementing policies, regulations, rules, resolutions and circulars. • The Chairman of the Department shall issue the necessary implementing and operational policies of this Law. 73 Article (15) • The aforesaid Law No. (2) of 2011 shall be repealed. • Any text or provision, prescribed in the legislations establishing Affiliates, which is contrary to the provisions of this Law, shall be repealed. • Any text or provision contrary to the provisions of this Law shall be repealed. Article (16) This Law shall be effective from the date of its issuance and shall be published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 20 February 2018 Corresponding to: 4 Jumada Al Akher 1439 H 74 Law No. (9) of 2018 Concerning the Establishment of the Department of Education and Knowledge We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments; • Law No. (2) of 1971 concerning the National Consultative Council and its amendments; • Law No. (2) of 2000 concerning the Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi and its amendments; • Law No. (8) of 2008 concerning the Reorganisation of Abu Dhabi Education Council; • Law No. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi; • Law No. (1) of 2017 concerning the Financial System of the government of Abu Dhabi; • Law No. (3) of 2018 concerning Abu Dhabi Executive Office; • The Chairman of the Executive Council Resolution No. (65) of 2014 concerning the scholarships and study leaves in the Emirate of Abu Dhabi; • The agreement concluded between the Ministry of Education and Abu Dhabi Education Council on 31/12/2007 and its annexes; • The memorandum of understanding concluded between the Ministry of Higher Education and Scientific Research and Abu Dhabi Education Council on 28/10/2014; 75 • The agreement concluded between the Ministry of Education and Abu Dhabi Education Council on 21/05/2017 regarding nurseries and early childhood education centres; and • Based on what was presented to and approved by the Executive Council; Issued the following Law: Section (1) Definitions Article (1) In the implementation of the provisions of this Law, the following words and phrases shall have the meanings corresponding thereto unless the context requires otherwise: State : The United Arab Emirates. Emirate : The Emirate of Abu Dhabi. Executive : The Executive Council of the Emirate. Council Department : The Department of Education and Knowledge. Education : All activities, works and services provided by the Sector governmental educational institutions and private educational institutions. Affiliates : The entities operating in the education sector, affiliated to the Department, under its control and supervision and which are specified by a resolution of the Executive Council. Educational : The public and private educational bodies. Entities Public : All public schools, centres for adult education, Educational technical secondary schools and applied technology Entities schools. 76 Private : All private educational bodies in the Emirate, including Educational day care centres; nurseries; kindergartens; private Entities schools; technical and vocational education centres, institutions and colleges; continuing education centres; universities; higher education and scientific research institutions; and specialized educational institutions including special and gifted education and education for special groups of the society. Relevant : the agreement concluded between the Ministry of Agreements Education and Abu Dhabi Education Council on 31 December 2007 and its annexes, the memorandum of understanding concluded between the Ministry of Higher Education and Scientific Research and Abu Dhabi Education Council dated 28 October 2014, and the agreement between the Ministry of Education and Abu Dhabi Education Council on 21 May 2017 regarding the nurseries and early childhood education centres. Section (2) Establishment, Objectives and Competencies of the Department Article (2) • Pursuant to the provisions of this law, a department called "Department of Education and Knowledge" shall be established and shall replace Abu Dhabi Education Council. • The employees and staff of Abu Dhabi Education Council, along with all its assets, properties, rights and obligations, shall be transferred to the Department. The Department shall be the legal successor to Abu Dhabi Education Council. 77 Article (3) The Department aims at raising the level of education and supervising the quality of the education sector and the educational institutions in the Emirate. Article (4) • In order to achieve its objectives, the Department shall assume the following competencies: 1.
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The Department must run and regulate the sector, while persons and entities must provide requested documents and cannot operate without the required license.
Propose the strategic and implementing plans for the education sector in the Emirate, have them approved by the Executive Council and supervise their implementation. 2. Follow-up the Affiliates’ undertaking to implement the strategic and implementing plans for the education sector. 3. Monitor and supervise all Affiliates such as their disbursements from their budgets and revenues earned, as well as their commitment to their duties and competencies, and approve their strategic and implementing plans. 4. Regulate the education sector in all aspects through the development of policies, standards, regulations, resolutions and implementing and operational circulars for said sector. 5. Monitor and supervise the Education Sector in accordance with the relevant legislations, conventions and treaties in force for said sector on the local and international levels, and in coordination with the relevant entities within the State and abroad. 6. License all private education entities and monitor their commitment in providing the optimum level of quality of services in accordance with the legislations in force, and in coordination with the relevant 78 authorities. 7. Propose the fees, tariffs and prices related to its competencies and submit them to the Executive Council for approval, in accordance with the applicable regulations. 8. Submit periodic reports and analytical studies to Abu Dhabi Executive Office in relation to the Department's competencies. 9. Encourage investments and partnerships with the private sector for projects related to the competencies of the Department in coordination with the relevant entities. 10. Any other competencies or duties assigned thereto by the Executive Council. • The Department may delegate some of its competencies to any other governmental entity or outsource some to the private sector upon the approval of the Executive Council. Article (5) • The Chairman of the Executive Council shall issue a resolution to specify any additional competencies for the Department. • The Executive Council may amend the Department’s competencies mentioned in this Law or in any other legislation by deletion, addition or transfer. Article (6) The Department shall assume the competencies entrusted thereto under the provisions of this Law, in accordance with the principles set forth in the relevant agreements and in coordination with the federal and local entities and institutions related to the education sector. 79 Article (7) The Department shall work on raising the level of higher education in the Emirate, in coordination with the relevant federal entities and institutions, in order to implement the Emirate's strategies in this regard. Article (8) All persons, educational institutions and public and private companies shall provide the Department with the documents and information it requires to carry out or execute its competencies. Article (9) The Executive Council shall issue a resolution to determine the Affiliates that shall be under the monitoring and supervision of the Department. Section (3) General Provisions Article (10) In agreement with the Chairman of the Department, the Chairman of Abu Dhabi Judicial Department shall issue a resolution identifying the Department’s officers who have been granted the law enforcement authority for offences within their jurisdiction. They shall have the right to inspect and monitor all education entities in order to verify the implementation of the provisions of this Law and its implementing regulations, resolutions and circulars. Article (11) Any establishment or individual shall be prohibited from engaging in any activity related to the education sector in the Emirate without having obtained the required license from the Department, in accordance with the applicable regulations. 80 Article (12) • Without prejudice to any more severe penalty provided for by any other law, an administrative fine of no more than AED (10,000,000) ten million shall be imposed on whoever violates the provisions of this Law and its regulatory and implementing rules, as well as its implementing regulations, policies, resolutions and circulars. • The Department shall take charge of collecting the administrative fines. Upon the approval of the Executive Council, the Chairman of the Department shall issue a schedule specifying the offences and the administrative fines prescribed for each of them, without exceeding the fine provided for in this Article. • The Chairman of the Department or whom he authorises, may propose reconciliation to the offender, provided that this is established in the record of proceedings. The offender who accepts reconciliation shall pay a fine equivalent to 75% of the total administrative fine determined for the offence within a period not exceeding sixty days from the date of proposing the reconciliation. • In all cases, if the offender fails to remove the effects of the offence on the date scheduled, the Department shall remove such effects at the offender’s expense. • The regulatory and implementing rules of this Law shall specify the procedures of the above-mentioned reconciliation, including its timeframes. Article (13) • The Department may impose any of the following administrative penalties: 1- Notice. 2- Warning. 81 3- Placing the establishment under financial, administrative and technical supervision. 4- Temporary suspension of the activity. 5- Cancellation or suspension of the licence. 6- Closing of the establishment temporarily or permanently. • Grievances may be filed against the administrative penalties before the Department within sixty days from the date of notification of the grievant. Failure to decide upon the grievance within 90 days from the date of its submission shall be regarded as an acceptance of the grievance. • The regulatory and implementing rules of this Law shall determine the procedures and controls required for the application of the aforesaid administrative penalties. Article (14) The Department shall propose its organisational structure and submit it to the Executive Council for approval, in accordance with the applicable regulations. Article (15) • The financial laws and regulations in force in the Emirate shall apply to the Department. • The human resources laws and regulations in force in the Emirate shall apply to the employees of the Department. • The Civil Retirement Pensions and Benefits law in force in the Emirate shall apply to the nationals. Article (16) • Upon the approval of the Executive Council, the Chairman of the 82 Department shall issue the regulatory and implementing rules of this Law. • The policies, regulations, rules, resolutions and circulars in force shall remain applicable in a manner consistent with the provisions of this Law until the issuance of its implementing policies, regulations, rules, resolutions and circulars. • The Chairman of the Department shall issue the implementing and operational policies of this Law. Article (17) • The aforesaid Law No. (8) of 2008 shall be repealed. • Any text or provision, prescribed in the legislations establishing Affiliates, which is contrary to the provisions of this Law, shall be repealed. • Any text or provision contrary to the provisions of this Law shall be repealed. Article (18) This Law shall be effective from the date of its issuance and shall be published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 20 February 2018 Corresponding to: 4 Jumada Al Akher 1439 H 83 Law No. (10) of 2018 Concerning the Establishment of the Department of Health We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments; • Law No. (2) of 1971 concerning the National Consultative Council and its amendments; • Law No. (2) of 2000 concerning Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi and its amendments; • Law No. (23) of 2005 concerning the Health Insurance in the Emirate of Abu Dhabi; • Law No. (1) of 2007 concerning the Establishment of the Health Authority – Abu Dhabi and its amendments; • Law No. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi; • Law No. (1) of 2017 concerning the Financial System of the government of Abu Dhabi; • Law No. (3) of 2018 concerning Abu Dhabi Executive Office; and • Based on what was presented to and approved by the Executive Council; Issued the following Law: 84 Section (1) Definitions Article (1) In the implementation of the provisions of this Law, the following words and phrases shall have the meanings corresponding thereto unless the context requires otherwise: State : The United Arab Emirates. Emirate : The Emirate of Abu Dhabi. Executive : The Executive Council of the Emirate. Council Department : The Department of Health. Health Sector : The units and establishments operating in the fields of health, treatment, prevention and recovery, medical products, health insurance, public health, preventive health, health education and media, foreign treatment, health and pharmaceutical research including companies, hospitals, clinics, treatment centres, and research centres of all specialties, pharmacies, warehouses, marketing offices, pharmaceutical consultation offices, pharmaceutical laboratories and medical product factories, whether public or private and other units operating in the public or private health sector, whether owned or managed by a natural person or a legal person in the Emirate, including the units providing health services or supplying tools and products for the different health fields. Affiliates : The entities operating in the Health Sector affiliated to the Department, under its control and supervision, and which are specified by a resolution of the Executive Council. 85 Section (2) Establishment, Objectives and Competencies of the Department Article (2) • Pursuant to the provisions of this law, a department called "Department of Health" shall be established and shall replace the Health Authority – Abu Dhabi. • The employees and staff of the Health Authority – Abu Dhabi, along with all of the Authority’s assets, properties, rights and obligations, shall be transferred to the Department. The Department shall be the legal successor to the Health Authority – Abu Dhabi. Article (3) The Department aims at realizing the optimum level of heath, treatment, prevention, medicinal and health insurance services in the Emirate, endeavouring to enhance said services and keeping pace with the global developments in this field. Article (4) • In order to achieve its objectives, the Department shall assume the following competencies: 1. Propose the strategic and implementing plans for the Health Sector in the Emirate, have them approved by the Executive Council and supervise their implementation. 2. Follow-up the Affiliates’ undertaking to implement the strategic and implementing plans for the Health Sector. 3. Monitor and supervise all the Affiliates’ such as their disbursements from their budgets and revenues earned, as well as their commitment to their duties and competencies, and approve their strategic and implementing plans. 86 4. Regulate the Health Sector in all aspects through the development of policies, standards, regulations, resolutions and implementing and operational circulars for said Sector. 5. Monitor and supervise the Health Sector in accordance with the relevant legislations, conventions and treaties in force for said Sector on the local and international levels, and in coordination with the relevant entities in the State and abroad. 6. License all entities, companies and persons operating in the Health Sector and monitor their commitment to providing the optimum level of quality of services in accordance with the legislations in force, and in coordination with the relevant entities. 7. Propose the fees, tariffs and prices related to its competencies and submit them to the Executive Council for approval in accordance with the applicable regulations. 8. Submit periodic reports and analytical studies to Abu Dhabi Executive Office in relation to the Department's competencies. 9. Encourage investments and partnerships with the private sector for projects related to the competencies of the Department in coordination with the relevant entities. 10. Any other competencies or duties assigned thereto by the Executive Council. • The Department may delegate some of its competencies to any other governmental entity or outsource some to the private sector upon the approval of the Executive Council. Article (5) • The Chairman of the Executive Council shall issue a resolution to specify any additional competencies of the Department. • The Executive Council may amend the Department’s competencies 87 mentioned in this Law or in any other legislation by deletion, addition or transfer. Article (6) The persons and entities operating in the Health sector shall assume their competencies in accordance with the provisions of the rules, regulations and resolutions issued by the Department. Article (7) All persons, entities and public and private companies shall provide the Department with the documents and information it requires to carry out or execute its competencies. Article (8) The Executive Council shall issue a resolution to specify the Affiliates that shall be under the monitoring and supervision of the Department. Section (3) General Provisions Article (9) In agreement with the Chairman of the Department, the Chairman of Abu Dhabi Judicial Department shall issue a resolution specifying the Department’s officers who have been granted the law enforcement authority for offences within their jurisdiction. They shall have the right to inspect and monitor all entities, companies and persons operating in the Health Sector, in order to verify the implementation of the provisions of this Law and its implementing regulations, rules, resolutions and circulars. 88 Article (10) Any establishment or individual shall be prohibited from exercising any activity in the Health Sector in the Emirate without obtaining the required license from the Department in accordance with applicable regulations. Article (11) • Without prejudice to any more severe penalty provided for by any other law, an administrative fine of no more than AED (10,000,000) ten million shall be imposed on whoever violates the provisions of this Law and its regulatory and implementing rules as well as its implementing regulations, policies, resolutions and circulars. • The Department shall take charge of collecting the administrative fines. Upon the approval of the Executive Council, the Chairman of the Department shall issue a schedule specifying the offences and the administrative fines prescribed for each of them, without exceeding the fine provided for in this Article. • The Chairman of the Department or whom he authorises, may propose reconciliation to the offender, provided that this is established in the record of proceedings. The offender who accepts such reconciliation shall pay a fine equivalent to 75% of the total administrative fine determined for the offence within a period not exceeding sixty days from the date of proposing the reconciliation. • In all cases, if the offender fails to remove the effects of the offence on the date scheduled, the Department shall remove such effects at the expense of the offender. • The regulatory and implementing rules of this Law shall specify the procedures of the above-mentioned reconciliation, including its timeframes. 89 Article (12) • The Department may impose any of the following administrative penalties: 1. Notice. 2. Warning. 3. Placing the establishment under financial, administrative and technical supervision. 4. Temporary suspension of activity. 5. Cancellation or suspension of the licence. 6. Closing the establishment temporarily or permanently. • Grievances may be filed against the administrative penalties before the Department within sixty days from the date of notification of the grievant. Failure to decide upon the grievance within 90 days from the date of its submission shall be regarded as acceptance of the grievance. • The regulatory and implementing rules of this Law shall determine the procedures and controls required for the application of the aforesaid administrative penalties. Article (13) The Department shall propose its organisational structure and submit it to the Executive Council for approval, in accordance with the applicable regulations. Article (14) • The financial laws and regulations in force in the Emirate shall apply to the Department. • The human resources laws and regulations in force in the Emirate shall apply to the employees of Department. • The Civil Retirement Pensions and Benefits in force in the Emirate shall apply to the nationals. 90 Article (15) • Upon the approval of the Executive Council, the Chairman of the Department shall issue the regulatory and implementing rules of this Law. • The policies, regulations, rules, resolutions and circulars in force shall remain applicable in a manner consistent with the provisions of this Law until the issuance of its implementing policies, regulations, rules, resolutions and circulars. • The Chairman of the Department shall issue the necessary implementing and operational policies of this Law. Article (16) • The aforesaid Law No. (1) of 2007 shall be repealed. • Any text or provision, prescribed in the legislations establishing Affiliates, which is contrary to the provisions of this Law, shall be repealed. • Any text or provision contrary to the provisions of this Law shall be repealed. Article (17) This Law shall be effective from the date of its issuance and shall be published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 20 February 2018 Corresponding to: 4 Jumada Al Akher 1439 H 91 Law No. (11) of 2018 Concerning the Establishment of the Department of Energy We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments; • Law No. (2) of 1971 concerning the National Consultative Council and its amendments; • Law No. (4) of 1976 concerning Abu Dhabi's Gas Ownership and its amendments; • Law No. (1) of 1988 concerning the establishment of the Supreme Petroleum Council; • Law No. (2) of 1998 concerning the regulation of the Water and Electricity Sector in the Emirate of Abu Dhabi and its amendments; • Law No. (2) of 2000 concerning the Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi and its amendments; • Law No. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi; • Law No. (1) of 2017 concerning the Financial System of the Government of Abu Dhabi; • Law No. (3) of 2018 concerning Abu Dhabi Executive Office; • Federal Decree-Law No. (6) of 2009 concerning the Peaceful Uses of Nuclear Energy; and • Based on what was presented to and approved by the Executive Council; Issued the following Law: 92 Section (1) Definitions Article (1) In the implementation of the provisions of this Law, the following words and phrases shall have the meanings corresponding thereto unless the context requires otherwise: State : The United Arab Emirates. Emirate : The Emirate of Abu Dhabi. Executive : The Executive Council of the Emirate. Council Department : The Department of Energy. Energy Sector : Covers all activities, works and services related to: 1. The Production, treatment, storage, transportation, distribution, supply, sale and purchase of gas, oil and derivatives thereof. 2. The generation, storage, transportation, distribution, supply, sale and purchase of electricity of all kinds (clean, renewable, traditional). 3. The production, treatment, desalination, storage, transportation, distribution, supply, sale and purchase of water. 4. The collection, treatment and disposal of sewage and wastewater and the recycling of treated wastewater. 5. The production, storage, distribution and supply of coolant liquid for the central cooling applications. Affiliates : The entities operating in the Energy Sector, affiliated to the Department, under its control and supervision and which are specified by a resolution of the Executive Council. 93 Section (2) Establishment, Objectives and Competencies of the Department Article (2) • Pursuant to the provisions of this law, a department called "Department of Energy" shall be established and shall replace Abu Dhabi Water and Electricity Authority and the Regulation and Supervision Bureau for the Water and Electricity Sector. • The employees and staff of Abu Dhabi Water and Electricity Authority and the Regulation and Supervision Bureau for the Water and Electricity Sector, along with all of their assets, properties, rights and obligations, shall be transferred to the Department. The Department shall be the legal successor to the two entities. Article (3) The Department aims at providing the best level of services related to the Energy Sector, advancing it and keeping pace with the global developments in this field, in accordance with the applicable legislations and in coordination with the competent bodies within the State. Article (4) Without prejudice to the competencies of the Supreme Petroleum Council, the Department shall, when the need arises and in coordination with the Council, assume the following competencies: 1. Propose the strategic and implementing plans for the Energy Sector in the Emirate, have them approved by the Executive Council and supervise their implementation. 2. Follow-up the Affiliates’ undertaking to implement the strategic and implementing plans for the Energy Sector. 94 3. Monitor and supervise all Affiliates such as their disbursements from their budgets and revenues earned, as well as their commitment to their duties and competencies, and approve their strategic and implementing plans. 4. Regulate the Energy Sector in all aspects through the development of policies, standards, regulations, resolutions and implementing and operational circulars for said Sector. 5. Monitor and supervise the Energy Sector in accordance with the relevant legislations, conventions and treaties in force for said Sector on the local and international levels, and in coordination with the relevant entities in the State and abroad. 6. License all institutions, entities, companies and persons working in the Energy Sector and monitor their commitment to providing the optimum level of quality of services in accordance with the legislations in force, and in coordination with the relevant entities. 7. Propose the fees, tariffs and prices related to its competencies and submit them to the Executive Council for approval, in accordance with the applicable regulations. 8. Submit periodic reports and analytical studies to Abu Dhabi Executive Office in relation to the department’s competencies. 9. Encourage investments and partnerships with the private sector for projects related to the competencies of the Department in coordination with the relevant entities. 10. Any other competencies or duties assigned thereto by the Executive Council. • The Department may delegate some of its competencies to any other governmental entity or outsource some to the private sector upon the approval of the Executive Council. 95 Article (5) • The Chairman of the Executive Council shall issue a resolution to specify any additional competencies for the Department. • The Executive Council may amend the Department’s competencies mentioned in this Law or in any other legislation by deletion, addition or transfer. Article (6) All persons, entities and public and private companies shall provide the Department with the documents and information it requires to carry out or execute its competencies. Article (7) The Executive Council shall issue a resolution to determine the Affiliates that shall be under the monitoring and supervision of the Department. Section (3) General Provisions Article (8) In agreement with the Chairman of the Department, the Chairman of Abu Dhabi Judicial Department shall issue a resolution identifying the Department’s officers who have been granted the law enforcement authority for offences within their jurisdiction. They shall have the right to inspect and monitor all entities, companies and persons operating in the Energy Sector, in order to verify the implementation of the provisions of this Law and its implementing regulations, resolutions and circulars. 96 Article (9) Any establishment or individual shall be prohibited from engaging in any activity in the Energy Sector in the Emirate without having obtained the required license from the Department, in accordance with the applicable regulations. Article (10) • Without prejudice to any more severe penalty provided for by any other law, an administrative fine of no more than AED (10,000,000) ten million shall be imposed on whoever violates the provisions of this Law and its regulatory and implementing rules, as well as its implementing regulations, policies, resolutions and circulars. • The Department shall take charge of collecting the administrative fines. Upon the approval of the Executive Council, the Chairman of the Department shall issue a schedule specifying the offences and the administrative fines prescribed for each of them, without exceeding the fine provided for in this Article. • The Chairman of the Department or whom he authorises, may propose reconciliation to the offender, provided that this is established in the record of proceedings. The offender who accepts the reconciliation shall pay a fine equivalent to 75% of the total administrative fine determined for the offence within a period not exceeding sixty days from the date of proposing the reconciliation. • In all cases, if the offender fails to remove the effects of the offence on the date scheduled, the Department shall remove such effects at the offender’s expense. • The regulatory and implementing rules of this Law shall specify the procedures of the above-mentioned reconciliation, including its timeframes. 97 Article (11) • The Department may impose any of the following administrative penalties: 1. Notice. 2. Warning. 3. Placing the establishment under financial, administrative and technical supervision. 4. Temporary suspension of the activity. 5. Cancellation or suspension of the licence. 6. Closing of the establishment temporarily or permanently. • Grievances may be filed against the administrative penalties before the Department within sixty days from the date of notification of the grievant. Failure to decide upon the grievance within 90 days from the date of its submission shall be regarded as an acceptance of the grievance. • The regulatory and implementing rules of this Law shall determine the procedures and controls required for the application of the aforesaid administrative penalties. Article (12) The Department shall propose its organisational structure and submit it to the Executive Council for approval, in accordance with the applicable regulations. Article (13) • The financial laws and regulations in force in the Emirate shall apply to the Department. • The human resources laws and regulations in force in the Emirate shall apply to the employees of the Department. • The Civil Retirement Pensions and Benefits law in force in the Emirate shall apply to the nationals. 98 Article (14) • Upon the approval of the Executive Council, the Chairman of the Department shall issue the regulatory and implementing rules of this Law. • The policies, regulations, rules, resolutions and circulars in force shall remain applicable in a manner consistent with the provisions of this Law until the issuance of its implementing policies, regulations, rules, resolutions and circulars. • The Chairman of the Department shall issue the implementing and operational policies of this Law. Article (15) • Any text or provision in the aforesaid Law No. (2) of 1998 or any other legislation which is contrary to the provisions of this Law, shall be repealed. • Any text or provision, prescribed in the legislations establishing Affiliates which is contrary to the provisions of this Law, shall be repealed. • Any text or provision contrary to the provisions of this Law shall be repealed. Article (16) This Law shall be effective from the date of its issuance and shall be published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 20 February 2018 Corresponding to: 4 Jumada Al Akher 1439 H 99 Law No. (12) of 2018 Concerning the Establishment of the Department of Community Development We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments; • Law No. (2) of 1971 concerning the National Consultative Council and its amendments; • Law No. (2) of 2000 concerning the Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi and its amendments; • Law No. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi; • Law No. (1) of 2017 concerning the Financial System of the Government of Abu Dhabi; • Law No. (3) of 2018 concerning Abu Dhabi Executive Office; and • Based on what was presented to and approved by the Executive Council; Issued the following Law: Section (1) Definitions Article (1) In the implementation of the provisions of this Law, the following words and phrases shall have the meanings corresponding thereto unless the context requires otherwise: State : The United Arab Emirates. 100 Emirate : The Emirate of Abu Dhabi. Executive : The Executive Council of the Emirate. Council Department : The Department of Community Development. Social Sector : An integrated system for public social work aiming at providing care and development for individuals, families and the society in all respects. It includes public and private entities, profit or non-profit organisations, which provide services to the social sector and which are concerned with family affairs in general and the woman and child in particular, as well as with the affairs of minors, orphans, people in need, people with special needs or disabilities, youths, elderly and persons of unknown parentage. Affiliates : The entities operating in the Social Sector, affiliated to the Department, under its control and supervision and which are specified by a resolution of the Executive Council. Private : The private entities operating in the Social Sector, Establishments including the public benefit associations. Section (2) Establishment, Objectives and Competencies of the Department Article (2) Pursuant to the provisions of this law, a department called "Department of Community Development" shall be established. Article (3) The Department aims at achieving an integrated social work system in the Emirate and encouraging and supporting the entities operating in the 101 social sector to enable them to achieve their goals, raise awareness on the importance of participation in public social work and promote the values of community service. Article (4) • In order to achieve its objectives, the Department shall assume the following competencies: 1. Propose the strategic and implementing plans for the Social Sector in the Emirate, have them approved by the Executive Council and supervise their implementation. 2. Follow-up the Affiliates’ undertaking to implement the strategic and implementing plans for the Social Sector. 3. Monitor and supervise all Affiliates, such as their disbursements from their budgets and revenues earned, as well as their commitment to their duties and competencies, and approve their strategic and implementing plans. 4. Regulate the Social Sector in all aspects through the development of policies, standards, regulations, resolutions and implementing and operational circulars for said Sector. 5. Monitor and supervise the Social Sector in accordance with the relevant legislations, conventions and treaties in force for said sector on the local and international levels, and in coordination with the relevant entities in the State and abroad. 6. License all institutions, entities, companies and persons working in the Social Sector and monitor their commitment to providing the optimum level of quality of services in accordance with the legislations in force, and in coordination with the relevant entities. 7. Propose the fees, tariffs and prices related to its competencies and submit them to the Executive Council for approval, in accordance 102 with the applicable regulations. 8. Submit periodic reports and analytical studies to Abu Dhabi Executive Office in relation to the Department's competencies. 9. Encourage investments and partnerships with the private sector for the projects related to the competencies of the Department in coordination with the relevant entities. 10. Any other competencies or duties assigned thereto by the Executive Council. • The Department may delegate some of its competencies to any other governmental entity or outsource some to the private sector upon the approval of the Executive Council. Article (5) • The Chairman of the Executive Council shall issue a resolution to specify any additional competencies for the Department. • The Executive Council may amend the Department’s competencies mentioned in this Law or in any other legislation by deletion, addition or transfer. Article (6) All persons, entities and public and private companies, including private establishments and institutions shall provide the Department with the documents and information it requires to carry out or execute its competencies. Article (7) The Executive Council shall issue a resolution to determine the Affiliates that shall be under the control and supervision of the Department. 103 Section (3) General Provisions Article (8) In agreement with the Chairman of the Department, the Chairman of Abu Dhabi Judicial Department shall issue a resolution identifying the Department’s officers who have been granted the law enforcement authority for offences within their jurisdiction. They shall have the right to inspect and monitor all entities, companies and persons operating in the Social Sector, in order to verify the implementation of the provisions of this Law and its implementing regulations, resolutions and circulars. Article (9) The Private Establishments may not: 1. Exercise any activities in the Social Sector in the Emirate unless the Department’s approval is obtained. 2. Violate the regulations, resolutions, and circulars issued by the Department. • No natural person may exercise any profession in the Social Sector - albeit voluntarily - prior to having obtained the Department’s approval. Article (10) • Without prejudice to any more severe penalty prescribed by any other law, an administrative fine of no more than AED (10,000,000) ten million shall be imposed on whoever violates the provisions of this Law and its regulatory, and implementing rules, as well as its implementing regulations, policies, resolutions and circulars. • The Department shall take charge of collecting the administrative fines. Upon the approval of the Executive Council, the Chairman of the Department shall issue a schedule specifying the offences and the administrative fines prescribed for each of them, without exceeding the fine provided for in this Article. 104 • The Chairman of the Department or whom he authorises, may propose reconciliation to the offender, provided that this is established in the record of proceedings. The offender who accepts reconciliation shall pay a fine equivalent to 75% of the total administrative fine determined for the offence within a period not exceeding sixty days from the date of proposing the reconciliation. • In all cases, if the offender fails to remove the effects of the offence on the date scheduled, the Department shall remove such effects at the expense of the offender. • The regulatory and implementing rules of this Law shall specify the procedures of the above-mentioned reconciliation, including its timeframes. Article (11) • The Department may impose any of the following administrative penalties: 1. Notice. 2. Warning. 3. Placing the establishment under financial, administrative and technical supervision. 4. Temporary suspension of the activity. 5. Cancellation or suspension of the licence. 6. Closing the establishment temporarily or permanently. • Grievances may be filed against the administrative penalties before the Department within sixty days from the date of notification of the grievant. Failure to decide upon the grievance within 90 days from the date of its submission shall be regarded as an acceptance of the grievance. • The regulatory and implementing rules of this Law shall determine the procedures and controls required for the application of the aforesaid administrative penalties. 105 Article (12) The Department shall propose its organisational structure and submit it to the Executive Council for approval, in accordance with the applicable regulations. Article (13) • The financial laws and regulations in force in the Emirate shall apply to the Department. • The human resources laws and regulations in force in the Emirate shall apply to the employees of the Department. • The Civil Retirement Pensions and Benefits law in force in the Emirate shall apply to the nationals. Article (14) • Upon the approval of the Executive Council, the Chairman of the Department shall issue the regulatory and implementing rules of this Law. • The policies, regulations, rules, resolutions and circulars in force shall remain applicable in a manner consistent with the provisions of this Law until the issuance of its implementing policies, regulations, rules, resolutions and circulars. • The Chairman of the Department shall issue the implementing and operational policies of this Law. Article (15) All persons and private establishments subject to the provisions of this Law shall undergo reconciliation within one year from its effective date. Such period may be extended by a resolution of the Executive Council. 106 Article (16) • Any text or provision, prescribed in the legislations establishing Affiliates which is contrary to the provisions of this Law, shall be repealed. • Any text or provision contrary to the provisions of this Law shall be repealed. Article (17) This Law shall be effective from the date of its issuance and shall be published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 20 February 2018 Corresponding to: 4 Jumada Al Akher 1439 H 107 Crown Prince Chairman of the Executive Council Resolutions 109 evitucexE eht fo namriahC ecnirP nworC snoituloseR licnuoC Chairman of the Executive Council Resolution No. (6) of 2018 Concerning the Establishment of Saif bin Zayed Academy for Police Sciences and Security We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Law No. (7) of 1977 concerning the Police and Security Forces in the Emirate of Abu Dhabi and its amendments; • Law No. (1) of 2017 concerning the Financial System of the Government of Abu Dhabi; and • Based on what was presented to and approved by the Executive Council, Issued the following Resolution: Article (1) In the implementation of the provisions of this Resolution, the following words and phrases shall have the meanings corresponding thereto unless the context requires otherwise: Emirate : The Emirate of Abu Dhabi. Executive Council : The Executive Council of the Emirate. General Headquarters : The General Headquarters of Abu Dhabi Police. Commander-in-Chief : The Commander-in-Chief of Abu Dhabi Police. 111 Academy : Saif bin Zayed Academy for Police Sciences and Security. Board of Directors : The Academy’s Board of Directors. Director : The Academy’s Director. Scientific Council : The Academy’s Scientific Council. Article (2) • Pursuant to the provisions of this Resolution an Academy called “Saif bin Zayed Academy for Police Sciences and Security” shall be established, and shall be affiliated to the General Headquarters. • The main headquarters of the Academy shall be in Abu Dhabi city, and it may establish branches thereof, inside and outside the Emirate, based on the recommendation of the Commander-in-Chief, upon the approval of the Executive Council. Article (3) The Academy aims at upgrading the job performance of the police officers at the General Headquarters and others, by qualifying them and providing them with general and practical training in the various fields of policing, security and assistive sciences. In order to achieve its objectives, the Academy may assume the following competencies: 1. Lay down the general and practical training programs in the various fields of policing, security, and assistive sciences. 2. Hold policing, security, administrative, and technical training sessions. 3. Enhance academic and training cooperation with academic and police institutions. 4. Develop, train, and qualify police officers at the General Headquarters 112 and others in all specialisations. 5. Grant training and professional certificates in accordance with the applicable legislation. 6. Any other competencies assigned thereto by the General Headquarters. Article (4) • The Academy shall be managed by a Board of Directors consisting of five members at least, including the Chairman and his Deputy, to be appointed by an Executive Council Resolution. • The Term of the Board’s membership shall be three renewable years. • The internal rules and regulations shall determine the procedures of the Board meetings and the means of voting on its resolutions. Article (5) The Board of Directors shall assume the following: 1. Approve the academic policy and the strategic plans of the Academy and oversee their implementation. 2. Adopt the internal rules and regulations of the Academy and submit them to the Commander-in-Chief in preparation for approval in accordance with the applicable legislation. 3. Develop, update and promote the level of performance and work methods of the Academy. 4. Adopt the draft annual budget of the Academy and submit it to the Commander-in-Chief in preparation for approval in accordance with the applicable legislation 5. Establish institutes, centres, and schools affiliated to the Academy in accordance with the applicable legislation. 113 6. Adopt the organisational structure of the Academy and submit it to the Commander-in-Chief for approval in accordance with the applicable legislation. 7. Suggest the fees of courses and services offered by the Academy and submit them to the Commander-in-Chief, in preparation for approval by the Executive Council. Article (6) • The Academy shall have a Director to be appointed in accordance with the rules and regulations applicable in the Emirate. The Director shall carry out all the competencies required to that effect and shall particularly assume the following: 1. Supervise the academic, administrative, and financial affairs of the Academy. 2. Prepare the internal rules and regulations of the Academy and submit them to the Board of Directors. 3. Appoint the teaching staff, trainers, experts, and advisers in accordance with the conditions and qualifications specified by the Scientific Council and the procedures applicable at the General Headquarters. 4. Prepare the draft annual budget and submit it to the Board of Directors. 5. Submit an annual report on the Academy’s performance to the Board of Directors. 6. Validate the issuance of certificates in accordance with the regulations in place. 7. Propose the organisational structure of the Academy and submit it to the Board of Directors. 8. Follow up the implementation of the Board of Directors’ resolutions. 114 9. Any other competencies assigned thereto by the Board of Directors. • The Director may delegate some of his competencies to any of the officers working at the Academy. Article (7) • A Scientific Council shall be formed in the Academy and shall consist of five members at least, including the Chairman and his Deputy, to be appointed by a resolution of the Board of Directors. • The Term of the Board of Directors shall be three renewable years. • The internal rules and regulations shall determine the procedures of the Council’s meetings and the means of voting on its resolutions. Article (8) The Scientific Council shall assume the following: 1. Provide proposals concerning the programs, conditions and regulations for the required academic qualifications. 2. Organise study programmes and exams. 3. Develop the institutions, centres and schools affiliated to the Academy and update their curriculum and performance. 4. Recommend the granting of certificates in accordance with the approved conditions. 5. Encourage scientific research. 6. Lay down the conditions and qualifications of the teaching staff, trainers, experts and advisers in accordance with the applicable legislation. 7. Any other competencies assigned thereto by the Board of Directors. 115 Article (9) • The Board of Directors shall issue the regulations related to the implementation of the provisions of this Resolution following the approval of the Commander-in-Chief. • The Board of Directors may issue the resolutions required for the implementation of the provisions of this Resolution. Article (10) This Resolution shall be effective from the date of its issuance and shall be published in the Official Gazette Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 14 February 2018 Corresponding to: 28 Jumada Al Awal 1439 H 116 Crown Prince Resolution No. (7) of 2018 Concerning the Reformation of the Board of Directors of Zayed House for Islamic Culture We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Law No. (10) of 2005 concerning the establishment of Zayed House for Islamic Culture and its amendments; • Crown Prince Resolution No. (75) of 2014 concerning the reformation of the Board of Directors of Zayed House for Islamic Culture, Issued the following Resolution: Article (1) The Board of Directors of Zayed House for Islamic Culture shall be reformed under the Chairmanship of H.E. Dr. Mohamed Atiq Sultan Al Falahi, and the membership of their Excellencies and gentlemen: 1. Dr. Matar Mohammed Saif Al Nuaimi. 2. Mohammed Hajji Abdullah Hussain Al Khouri. 3. Noura Khalifa Salem Al Suwaidi. 4. Dr. Fatima Hamad Al Mazrouei. 5. Dr. Najwa Mohammed Dawood Al Hosani. 6. Dr. Farouq Mahmoud Hamada. 117 Article (2) The term of the Board's membership shall be three renewable years. Article (3) This Resolution shall be effective from the date of its issuance and shall be published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 14 February 2018 Corresponding to: 28 Jumada Al Awwal 1439 H 118 Chairman of the Executive Council Resolution No. (8) of 2018 Concerning the Granting of the Chairman of the Executive Council Medal We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Chairman of the Executive Council Resolution No. (100) of 2013 concerning the Chairman of the Executive Council Medal, Issued the following Resolution:
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Abu Dhabi Official Gazette - 2018 Edition 2018 — segment 4
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Abu Dhabi Official Gazette - 2018 Edition 2018 — segment 4
This segment contains multiple Executive Council resolutions: it grants medals to named individuals, gives added powers to several Abu Dhabi departments, forms a company board, and reforms a waste management board.
Article (1) The Chairman of the Executive Council Medal shall be granted to Dr. Matar Rashid Mohammed Al Haita Al Darmaki, in honour of his excellent services for the Emirate. Article (2) This Resolution shall be effective from the date of its issuance and shall be published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 14 February 2018 Corresponding to: 28 Jumada Al Awwal 1439 H 119 Chairman of the Executive Council Resolution No. (9) of 2018 Concerning the Granting of the Chairman of the Executive Council Medal We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Chairman of the Executive Council Resolution No. (100) of 2013 concerning the Chairman of the Executive Council Medal, Issued the following Resolution: Article (1) The Chairman of the Executive Council Medal shall be granted to Eng. Abdulrab Ali Ahmed Hussain Al Hemeiri, in honour of his excellent services for the Emirate. Article (2) This Resolution shall be effective from the date of its issuance and shall be published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 14 February 2018 Corresponding to: 28 Jumada Al Awwal 1439 H 120 Chairman of the Executive Council Resolution No. (10) of 2018 Concerning the Granting of the Chairman of the Executive Council Medal We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Chairman of the Executive Council Resolution No. (100) of 2013 concerning the Chairman of the Executive Council Medal, Issued the following Resolution: Article (1) The Chairman of the Executive Council Medal shall be granted to Captain Abdulkarim Mubarak Ahmed Abdullah Al Massaabi, in honour of his excellent services for the Emirate. Article (2) This Resolution shall be effective from the date of its issuance and shall be published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 14 February 2018 Corresponding to: 28 Jumada Al Awwal 1439 H 121 Chairman of the Executive Council Resolution No. (11) of 2018 Concerning the Granting of the Chairman of the Executive Council Medal We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Chairman of the Executive Council Resolution No. (100) of 2013 concerning the Chairman of the Executive Council Medal, Issued the following Resolution: Article (1) The Chairman of the Executive Council Medal shall be granted to Eng. Yousif Mohammed Qassim Mohammed Al Hosani, in honour of his excellent services for the Emirate. Article (2) This Resolution shall be effective from the date of its issuance and shall be published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 14 February 2018 Corresponding to: 28 Jumada Al Awwal 1439 H 122 Chairman of the Executive Council Resolution No. (12) of 2018 Concerning the Granting of the Chairman of the Executive Council Medal We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Chairman of the Executive Council Resolution No. (100) of 2013 concerning the Chairman of the Executive Council Medal, Issued the following Resolution: Article (1) The Chairman of the Executive Council Medal shall be granted to Mrs. Suhaila Saeed Saleh Saeed Al Mounthiri, in honour of her excellent services for the Emirate. Article (2) This Resolution shall be effective from the date of its issuance and shall be published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 14 February 2018 Corresponding to: 28 Jumada Al Awwal 1439 H 123 Chairman of the Executive Council Resolution No. (13) of 2018 Concerning the Granting of the Chairman of the Executive Council Medal We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Chairman of the Executive Council Resolution No. (100) of 2013 concerning the Chairman of the Executive Council Medal, Issued the following Resolution: Article (1) The Chairman of the Executive Council Medal shall be granted to Captain Dr. Salem Saeed Salem Al Talii Al Dhahouri, in honour of his excellent services for the Emirate. Article (2) This Resolution shall be effective from the date of its issuance and shall be published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 14 February 2018 Corresponding to: 28 Jumada Al Awwal 1439 H 124 Chairman of the Executive Council Resolution No. (14) of 2018 Concerning the Granting of the Chairman of the Executive Council Medal We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Chairman of the Executive Council Resolution No. (100) of 2013 concerning the Chairman of the Executive Council Medal, Issued the following Resolution: Article (1) The Chairman of the Executive Council Medal shall be granted to Eng. Ghanim Salah Abdul Aziz Mohammed Al Qassim, in honour of his excellent services for the Emirate. Article (2) This Resolution shall be effective from the date of its issuance and shall be published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 14 February 2018 Corresponding to: 28 Jumada Al Awwal 1439 H 125 Chairman of the Executive Council Resolution No. (15) of 2018 Concerning the Granting of the Chairman of the Executive Council Medal We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Chairman of the Executive Council Resolution No. (100) of 2013 concerning the Chairman of the Executive Council Medal, Issued the following Resolution: Article (1) The Chairman of the Executive Council Medal shall be granted to Dr. Mahmoud Fawzi Abdullah Al Hader, in honour of his excellent services for the Emirate. Article (2) This Resolution shall be effective from the date of its issuance and shall be published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 14 February 2018 Corresponding to: 28 Jumada Al Awwal 1439 H 126 Chairman of the Executive Council Resolution No. (16) of 2018 Concerning the Granting of the Chairman of the Executive Council Medal We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Chairman of the Executive Council Resolution No. (100) of 2013 concerning the Chairman of the Executive Council Medal, Issued the following Resolution: Article (1) The Chairman of the Executive Council Medal shall be granted to Mr. Faisal Mohammed Hussain Muneef Al Jabri, in honour of his excellent services for the Emirate. Article (2) This Resolution shall be effective from the date of its issuance and shall be published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 14 February 2018 Corresponding to: 28 Jumada Al Awwal 1439 H 127 Chairman of the Executive Council Resolution No. (17) of 2018 Concerning the Granting of the Chairman of the Executive Council Medal We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Chairman of the Executive Council Resolution No. (100) of 2013 concerning the Chairman of the Executive Council Medal, Issued the following Resolution: Article (1) The Chairman of the Executive Council Medal shall be granted to Mrs. Nouf Ali Sultan Ali Al Hammadi, in honour of her excellent services for the Emirate. Article (2) This Resolution shall be effective from the date of its issuance and shall be published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 14 February 2018 Corresponding to: 28 Jumada Al Awwal 1439 H 128 Chairman of the Executive Council Resolution No. (18) of 2018 Concerning the Granting of the Chairman of the Executive Council Medal We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Chairman of the Executive Council Resolution No. (100) of 2013 concerning the Chairman of the Executive Council Medal, Issued the following Resolution: Article (1) The Chairman of the Executive Council Medal shall be granted to Dr. Duaa Hatem Saif Aldeen Abdul Rahman, in honour of her excellent services for the Emirate. Article (2) This Resolution shall be effective from the date of its issuance and shall be published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 14 February 2018 Corresponding to: 28 Jumada Al Awwal 1439 H 129 Chairman of the Executive Council Resolution No. (19) of 2018 Concerning the Granting of the Chairman of the Executive Council Medal We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Chairman of the Executive Council Resolution No. (100) of 2013 concerning the Chairman of the Executive Council Medal, Issued the following Resolution: Article (1) The Chairman of the Executive Council Medal shall be granted to Eng. Khawla Mohammed Khalfan Mohammed Al Dahmani, in honour of her excellent services for the Emirate. Article (2) This Resolution shall be effective from the date of its issuance and shall be published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 14 February 2018 Corresponding to: 28 Jumada Al Awwal 1439 H 130 Chairman of the Executive Council Resolution No. (20) of 2018 Concerning Additional Competencies of the Department of Urban Planning and Municipalities We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Law No. (5) of 2018 concerning the Establishment of the Department of Urban Planning and Municipalities; and • Based on what was presented to and approved by the Executive Council, Issued the following Resolution: Article (1) In the implementation of the provisions of this Resolution, the following words and phrases shall have the meanings corresponding thereto unless the context requires otherwise: Strategic : Documents and maps specifying the public uses of Urban Plan lands, densities, elevations, main roads, and main infrastructure lines. Master Plan : The documents and maps of the land sites and dimensions with all their uses, development standards, the dimensions of the tracks reserved for transport networks, infrastructure and public spaces, including all the detailed planning levels. 131 Roads : Paved or unpaved lands allocated for traffic and walking, including all kinds of roads such as the emergency and maintenance lanes, diversions, bridges, streets, tunnels, and pathways as well as everything related thereto including shoulders, trenches and sewers, sidewalks, safety islands, roundabouts, plazas and squares, traffic signs, lighting, traffic lights, traffic control devices and any relevant equipment, in addition to retaining walls and their barriers. Road : The distance between two building lines in conformity Reserve with the drawings approved by the concerned entities in the Emirate, as well as the land areas reserved for the construction and expansion of roads, infrastructure services lines, green landscapes, sidewalks and parking spaces. Article (2) In order to achieve its objectives, the Department shall assume the following additional competencies: 1. Prepare the Strategic Urban Plan and submit it to the Executive Council for approval. 2. Approve the Roads and Road Reserve plans in the Emirate. 3. Adopt the Master Plan and the relevant urban development policies and regulations in the Emirate, including the cities, neighbourhoods, all kinds of lands, service facilities, infrastructure, and reclamation and filling works. 4. Facilitate the procedures of implementation of the urban development plans and policies and supervise their execution and the commitment to their terms. 5. Prepare the controls and general directives regulating the use of various 132 lands in the Emirate. 6. Prepare, implement, and amend the procedures of submittal of applications related to all the urban development projects in the Emirate in accordance with the Master Plan, the policies, rules and regulations laid down to this effect, and supervise the implementation of such procedures. 7. Prepare the regulations related to the construction requirements and specifications in the Emirate and lay down the rules and procedures related thereto in coordination with the concerned entities. 8. Prepare the regulations related to the real estate sector and lay down the relevant rules and procedures. 9. Verify the conformity of the policies of the municipalities and municipal councils with the general policy of the government of Abu Dhabi. 10. Receive the annual reports on the achievements of municipalities and the works of municipal councils and submit them to Abu Dhabi Executive Office, enclosed with an assessment of such achievements by the chairman and members of the municipal council. 11. Develop a general framework of interaction between municipalities and municipal councils and other governmental entities in the Emirate. 12. Coordinate with other governmental entities on the local and federal levels with respect to municipal work. 13. Coordinate between the municipalities of the Emirate in relation to the projects falling under the competencies of some or all municipalities for the purposes of determining the best way to supervise such projects. 14. Adopt the proposals of the Strategic Plans as well as the budget proposals presented by municipalities and municipal councils in the Emirate and submit them to the Executive Council for approval. 15. Propose the operational framework for the identification of functions and responsibilities entrusted to the governmental entities participating 133 in the development of the addressing system, geographical names, streets names, and spatial data and survey works in the Emirate and submit them to the Executive Council for approval. 16. Lay down the specifications and mechanisms related to the addressing system. 17. Prepare and manage the regulations of classification of contractors and engineering consultancy offices and engineers register. 18. Any other competencies or duties assigned to the Department by the Executive Council. Article (3) Any text or provision contrary to the provisions of this Resolution shall be repealed. Article (4) This Resolution shall be effective from the date of its issuance and shall be published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 20 February 2018 Corresponding to: 4 Jumada Al Akher 1439 H 134 Chairman of the Executive Council Resolution No. (21) of 2018 Concerning Additional Competencies of the Department of Transport We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Law No. (6) of 2018 concerning the Establishment of the Department of Transport; and • Based on what was presented to and approved by the Executive Council, Issued the following Resolution: Article (1) In order to achieve its objectives, the Department shall assume the following additional competencies: 1. Propose the Roads plans and submit them to the Department of Urban Planning and Municipalities for approval. 2. Organise and supervise the civil aviation, and land and sea transport sectors in the Emirate, achieve the highest standards of safety, security, environment protection and economic growth therein, participate in the investigation of accidents, and promote these sectors in cooperation with the competent entities inside and outside the State, in accordance with the applicable legislation. 3. Supervise the implementation of the laws, rules and regulations issued by the regional and international civil aviation and sea transport 135 organisations, to keep pace with the aspects of activity and development of civil aviation and maritime navigation all over the world, in order to achieve the highest safety and security standards in such sectors. 4. Supervise the implementation of the provisions and rules related to the air transport rights and bilateral or multilateral air and sea navigation agreements concluded with other States and parties. 5. Lay down the rules related to the conditions of flying over the territory of the Emirate and landing at its airports and taking-off therefrom, as well as the standards and conditions of building airstrips for aircrafts in coordination with the concerned local and Federal entities. 6. Monitor the implementation of the standard rules and international recommendations related to the facilitations, in accordance with the provisions of Annex 9 of the International Civil Aviation Convention, as well as the recommendations issued by the Facilitation Committee during its various sessions. 7. Lay down the regulations and resolutions related to consumer protection, encouragement of competition, and prevention of monopoly, supervise prices and service level in the transport sector and submit them to the Executive Council for approval. 8. Monitor the extent of commitment of the centres, entities and companies entrusted with the practice of public transportation and the management of airports and ports, vehicle parking spaces, public transport stations, traffic control points, weigh stations, logistic facilities designated for the land transport of goods, and other entities and companies operating in the transport sector, to the provision of the highest level of services to the beneficiaries, and periodically receive all the information, data and statistics related to the transport sector’s operations and activities in the Emirate from them. 9. Sign bilateral memoranda of understanding with respect to the rights of air transport through the airports of the Emirate as per the procedures followed. 136 10. Grant the approvals required for allowing the air operators to run their regular and irregular flights from and to the airports of the Emirate while taking into account obtaining the necessary approvals from the concerned local and Federal entities. 11. Organise waterways and inland waters in the Emirate and supervise their management, except for the water under the control of the Armed Forces and the Supreme Petroleum Council; demarcate, determine and amend their paths and depths; supervise marine surveys and the traffic of the means of sea transport therein; determine their speeds, travel times, and the places where traffic is prohibited; and determine the usage and landing areas as well as the commercial and recreational activities, including the use of watercrafts, that may be conducted in such areas and grant the permits required to this effect. 12. Supervise ships compliance with the provisions of international agreements on regional and international maritime rules to which the State has acceded, particularly those related to the safety of life at sea and pollution prevention. 13. Determine the locations and specifications of marinas and piers in coordination with the competent entities. 14. Lay down the regulations governing sea navigation in the Emirate and the specifications of the navigation guidance means and supervise their implementation. 15. Lay down the conditions and controls required for the issuance of individual and commercial licences to the means of sea transport as well as the conditions of licensing pilots and the technical specifications of such means; verify their compliance with the safety and security standards and requirements as well as with the environmental regulations and check their technical seaworthiness. 16. Take all necessary procedures, in coordination with the concerned local and Federal entities, to remove any means of sea transport and 137 seizure of it thereof if it poses threat to lives, properties, or marine organisms, impedes navigation, be technically unseaworthy, or causing environmental pollution, in accordance with the conditions and controls determined by the Department. 17. Represent the Emirate in conferences, forums and negotiations related to its activities in coordination with the concerned local and Federal entities. 18. Any other competencies or duties assigned to the Department by the Executive Council. Article (2) Any text or provision contrary to the provisions of this Resolution shall be repealed. Article (3) This Resolution shall be effective from the date of its issuance and shall be published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 20 February 2018 Corresponding to: 4 Jumada Al Akher 1439 H 138 Chairman of the Executive Council Resolution No. (22) of 2018 Concerning Additional Competencies of the Department of Economic Development We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Law No. (7) of 2018 concerning the Reorganisation of the Department of Economic Development; and • Based on what was presented to and approved by the Executive Council, Issued the following Resolution: Article (1) In order to achieve its objectives, the Department shall assume the following additional competencies: 1. Assume the authorities determined for the competent local authority in the Emirate as stipulated in the Federal legislations, in coordination with the concerned entities 2. Classify the economic activities and licences in the Emirate. 3. Lay down the conditions and requirements and issue the permits related to commercial advertisements, clearance, discounts, special offers and promotions. 4. Prepare and maintain the Commercial Register and oversee its regulation. 5. Conclude economic agreements, follow up the activity of economic 139 organisations, and organise regional and international economic exhibitions in accordance with the applicable legislation and in coordination with the concerned entities. 6. Develop, improve and support the industry sector in the Emirate in coordination with the concerned entities. 7. Propose the establishment of any centres affiliated to the Department which serve the departments objectives, and submit such proposal to the Executive Council for approval. 8. Develop, improve, support, and manage the programs and initiatives of the innovation patents sector in the Emirate in coordination with the concerned entities. 9. Any other competencies or duties assigned to the Department by the Executive Council. Article (2) Any text or provision contrary to the provisions of this Resolution shall be repealed. Article (3) This Resolution shall be effective from the date of its issuance and shall be published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 20 February 2018 Corresponding to: 4 Jumada Al Akher 1439 H 140 Chairman of the Executive Council Resolution No. (23) of 2018 Concerning Additional Competencies of the Department of Culture and Tourism We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Law No. (8) of 2018 concerning the Establishment of the Department of Culture and Tourism; and • Based on what was presented to and approved by the Executive Council, Issued the following Resolution: Article (1) In the implementation of the provisions of this Resolution, the following words and phrases shall have the meanings corresponding thereto unless the context requires otherwise: Cultural Heritage : The way of supervising and managing the cultural Management heritage by defining, protecting, studying, documenting, preserving, maintaining, promoting and using the same sustainably in the present or the future. 141 Cultural : Movable and immovable properties of importance Property for the cultural heritage of the Emirate and its Citizens, such as the architectural, artistic, historical, religious and mundane monuments, archaeological sites and landmarks, remnants of the natural, geological and paleontological history, artworks, manuscripts and books, and other objects of cultural value. Tourist Facility : Any public or private natural or legal person exercising a touristic activity. Article (2) In order to achieve its objectives, the Department shall assume the following additional competencies: 1. Organise exhibitions, conferences and events related to culture and cultural heritage. 2. Establish and manage public libraries, manage the National Library based in Abu Dhabi city, sponsor the intellectual and artistic activities by managing lecture halls, conferences and cultural performances, organise seminars as well as intellectual, scientific, artistic and professional meetings, and publish studies and researches in the field of the Department’s competencies. 3. Preserve archaeological, heritage and historical sites and buildings and prepare inventory lists for the movable and immovable cultural heritage properties. 4. Conduct excavation works in the field of archaeology and restoration of archaeological artefacts, issue the licences required for archaeological excavations, and supervise the work and activities of the scientific missions in the field of archaeology. 5. Establish, manage and develop museums and supervise and preserve 142 cultural artefacts kept in museums and warehouses. 6. Pursue the violations and infringements on the cultural heritage in the Emirate, in cooperation with the concerned entities. 7. Monitor the public and private Cultural Property in the field of cultural heritage. 8. Make all the efforts aiming at observing the national history by collecting its various documents, registering its heritage, scrutinizing, studying and publishing it. 9. Encourage and develop tourism in the Emirate, promote and market the Emirate as a tourist destination, and promoting the tourism investment opportunities therein locally, regionally and internationally. 10. Lay down the tourism development plan for the Emirate based on the studies prepared by the Department to this effect and oversee its implementation. 11. Oversee the activities of Exhibitions in the Emirate, issue the licences required for such activities and monitor them. 12. Issue the specifications guide for the classification of tourist facilities and classify them in accordance with the procedures developed thereby. 13. License the tourist transport companies and institutions while observing the technical specifications determined by the concerned entities. 14. Regulate tourist guide services and others working in the tourism sector, supervise their qualification and training, and issue their practice licences. 15. Hold seminars, conferences, exhibitions and festivals aiming at promoting the Emirate as a hub for specialised international exhibitions, and promote and stimulate tourism or investment in the tourism sector inside or outside the Emirate. 16. Establish and manage tourist promotion offices inside and outside the State. 143 17. Any other competencies or duties assigned to the Department by the Executive Council. Article (3) Any text or provision contrary to the provisions of this Resolution shall be repealed. Article (4) This Resolution shall be effective from the date of its issuance and shall be published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 20 February 2018 Corresponding to: 4 Jumada Al Akher 1439 H 144 Chairman of the Executive Council Resolution No. (24) of 2018 Concerning Additional Competencies of the Department of Education and Knowledge We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Law No. (9) of 2018 concerning the Establishment of the Department of Education and Knowledge; and • Based on what was presented to and approved by the Executive Council, Issued the following Resolution: Article (1) In order to achieve its objectives, the Department shall assume the following additional competencies: 1. Prepare and implement the regulation of teacher licensing and practice of the profession of training for all educational entities in the Emirate in coordination with the Ministry of Education and obtain the approval of it from the Executive Council. 2. Take all necessary procedures to ensure the quality of education and educational outcomes and lay down the educational standards, including the standards of assessment of employees’ performance. 3. Prepare the plans and programs that ensure the encouragement of 145 technical and vocational training and education and supervise their implementation with the concerned entities. 4. Establish educational entities in the Emirate. 5. Determine the needs and priorities of the Emirate in the fields of scientific research, lay down the adequate mechanisms to finance it from the public and private sectors, and obtain the approval of it from the Executive Council. 6. Establish an education database in the Emirate. 7. Enhance and facilitate investment in the education sector in coordination with the concerned entities. 8. Lay down the standards of equivalency and authentication of certificates issued by any educational entity in the Emirate in coordination with the concerned entities. 9. Plan, supervise and the future development of school buildings and other educational facilities, including the development of the databases required for asset management. 10. Lay down special standards for the maintenance of school buildings and educational facilities in the Emirate. 11. Provide consulting and technical services to the educational entities and coordinate between them in order to implement their respective educational plans. 12. Lay down the disciplinary regulations and administrative measures as well as the regulations of their implementation on all educational entities and their employees in the Emirate upon the approval of the Executive Council. 13. Decide upon the complaints related to the education sector in the 146 Emirate and issue the resolutions required for the settlement of any disputes arising within this sector. 14. Any other competencies or duties assigned to the Department by the Executive Council. Article (2) Any text or provision contrary to the provisions of this Resolution shall be repealed. Article (3) This Resolution shall be effective from the date of its issuance and shall be published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 20 February 2018 Corresponding to: 4 Jumada Al Akher 1439 H 147 Chairman of the Executive Council Resolution No. (25) of 2018 Concerning Additional Competencies of the Department of Health We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Law No. (10) of 2018 concerning the Establishment of the Department of Health; and • Based on what was presented to and approved by the Executive Council, Issued the following Resolution: Article (1) In order to achieve its objectives, the Department shall assume the following additional competencies: 1. Inspect, control, and supervise the health sector and detect the violations and any wrong medical practices, in accordance with the health legislation applicable and in coordination with the concerned entities inside and outside the State. 2. Approve the prices of health, therapeutic and preventive services in the Emirate. 3. Oversee the Foreign Medical Program through the health offices affiliated to the Department outside the country. 4. Coordinate with the governmental or private entities offering health services in the State in terms of their joined matters to achieve the 148 highest level of development, efficiency, and quality in the provision of health services. 5. Participate with the academic entities in the Emirate in the development of medical education curriculums and programs in all health and medical specialisations within the framework of the education general policy in the State. 6. Coordinate with the local and international medical education institutions in order to meet the needs of the medical sectors in terms of the qualified and trained workers in this field. 7. Prepare researches and statistics on the health sector in the Emirate. 8. Decide upon the complaints related to the health sector in the Emirate and issue the resolutions required for the settlement of any disputes arising within this sector. 9. Any other competencies or duties assigned to the Department by the Executive Council. Article (2) Any text or provision contrary to the provisions of this Resolution shall be repealed. Article (3) This Resolution shall be effective from the date of its issuance and shall be published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 20 February 2018 Corresponding to: 4 Jumada Al Akher 1439 H 149 Chairman of the Executive Council Resolution No. (26) of 2018 Concerning Additional Competencies of the Department of Energy We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Law No. (11) of 2018 concerning the Establishment of the Department of Energy; and • Based on what was presented to and approved by the Executive Council, Issued the following Resolution: Article (1) In order to achieve its objectives, the Department shall assume the following additional competencies: 1. lay down initiatives and demand management programs aiming at the rationalisation of energy consumption. 2. Review water and electricity supply plans. 3. Lay down, maintain, review, and amend the technical standards and special performance standards in the electricity and water sector and monitor the compliance with such standards. 4. Lay down, maintain, review, and supervise the safety standards of the electricity and water sector and monitor the compliance with such standards. 5. Lay down, maintain, review, supervise, and amend the consumer care standards. 6. Regulate the tariff imposed upon water and electricity consumers as 150 well as the method of imposing and collecting it upon the approval of the Executive Council. 7. Approve the water and electricity terms and conditions for the consumers of residential units, monitor the compliance with such terms and conditions, and amend them. 8. Approve the amendment of the rules of transportation and distribution of water and electricity. 9. Study strategic investments that affect the local supply and demand in the energy sector and submit them to the Executive Council. 10. Represent the Emirate with respect to the energy sector’s affairs in coordination with the concerned local and Federal entities. 11. Coordinate with the entities and authorities concerned with the economic, social, urban, and environment planning and other entities with respect to the energy sector’s affairs. 12. Any other competencies or duties assigned to the Department by the Executive Council. Article (2) Any text or provision contrary to the provisions of this Resolution shall be repealed. Article (3) This Resolution shall be effective from the date of its issuance and shall be published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 20 February 2018 Corresponding to: 4 Jumada Al Akher 1439 H 151 Chairman of the Executive Council Resolution No. (27) of 2018 Concerning the Formation of the Board of Directors of Abu Dhabi Development Holding Company We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Law No. (2) of 2018 concerning the establishment of Abu Dhabi Development Holding Company “Public Joint Stock Company”; and • Based on what was presented to and approved by the Executive Council; Issued the following Resolution: Article (1) The Board of Directors of Abu Dhabi Development Holding Company shall be formed under the chairmanship of H.E Jassem Mohammed Bu Ataba Al Zaabi and the membership of: 1. H.H Sheikh Theyab bin Mohamed bin Zayed Al Nahyan, Vice Chairman 2. H.E Dr. Mugheer Khamis Al Khaili 3. H.E Major General Mohammed Khalfan Al Rumaithi 4. H.E Sheikh Abdullah bin Mohammed Al Hamed 5. H.E Dr. Ali Rashed Al Nuaimi 6. H.E Eng. Awaidha Murshed Al Marar 7. H.E Saif Mohammed Al Hajri 8. H.E Falah Mohammed Al Ahbabi 9. H.E Mohamed Khalifa Ahmed Al Mubarak 10. H.E Mohammed Sultan Ghanoum Al Hameli, Managing Director 152 Article (2) The term of the Board's membership shall be three renewable years. Article (3) This Resolution shall be effective from the date of its issuance and shall be published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 28 February 2018 Corresponding to: 12 Jumada Al Akher 1439 H 153 Executive Council Resolutions snoituloseR licnuoC evitucexE Executive Council Resolution No. (33) of 2018 Concerning the Reformation of the Board of Directors of Abu Dhabi Waste Management Centre Based on Law No.(17) of 2008 concerning the establishment of Abu Dhabi Waste Management Centre and based on article (6) of the said law which provided that forming the board of directors shall be by an Executive Council resolution, and on Chairman of the Executive Council resolution No.(63) of 2014 concerning the reformation of the board of directors of Abu Dhabi Waste Management Centre. The Executive Council has decided the following: First: The Board of Directors of the Abu Dhabi Waste Management Centre shall be reformed under the chairmanship of H.E. Chairman of the Department of Urban Planning and Municipalities and the membership of their Excellencies: 1. Undersecretary of the Department of Urban Planning and Municipalities. 2. Director-General of Abu Dhabi City Municipality. 3. Director-General of Al Ain City Municipality. 4. Director-General of Al Dhafra Region Municipality. Second: The term of the Board's membership shall be three renewable years. Three: This Resolution shall be effective from the date of its issuance and shall be published in the Official Gazette Dr. Ahmed Mubarak Al Mazrouei Secretary-General Issuance Date: 22 February 2018 Corresponding to: 6 Jumada Al Akher 1439 H 157 United Arab Emirates The Emirate Of Abu Dhabi Issued By The General Secretariat of The Executive Council of The Emirate Of Abu Dhabi Office of Legal Affairs Abu Dhabi - P.O. Box: 19 Tel: +971 26688446 Fax: +971 26669981
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Abu Dhabi Official Gazette - 2018 Edition 2018
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