Law
No. (12) of 2008
Establishing the
Community
Development Authority in Dubai[1]
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We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal
of:
Law No. (9) of 2007 Establishing the Awqaf and
Minors Affairs Foundation;
Law No. (6) of 2007 Establishing the
International Humanitarian City;
Law No. (20) of 2006 Establishing the Mohammed
bin Rashid Housing Establishment;
Law No. (12) of 2005 Establishing the Islamic
Affairs and Charitable Activities Department and its amendments;
Law No. (3) of 2003 Establishing the Executive
Council of the Emirate of Dubai; and
Law No. (3) of 1997 Establishing the Training
and Rehabilitation Centre,
Do
hereby issue this Law.
This Law will be cited as "Law No.
(12) of 2008 Establishing the Community Development Authority in Dubai".
The following words and expressions will
have the meaning indicated opposite each of them unless the context implies
otherwise:
|
UAE: |
The United Arab Emirates. |
|
Ruler: |
His Highness the Ruler of Dubai. |
|
Emirate: |
The Emirate of Dubai. |
|
Executive Council: |
The Executive Council of the Emirate of Dubai. |
|
CDA: |
The Community Development Authority in Dubai. |
|
Board of Directors: |
The board of directors of the CDA. |
|
Director General: |
The director general of the CDA. |
|
Social Development: |
An integrated system which aims to improve the
social, cultural, educational, and health conditions of individuals, families,
and the society. |
|
Social Sector: |
Federal or local entities and for-profit or non-profit
private entities which provide social services. |
Pursuant
to this Law, a public authority named the " Community Development
Authority in Dubai " (CDA) will be established and will have legal
personality, financial and administrative autonomy, and the legal capacity required
to undertake all acts and dispositions that ensure achievement of its
objectives. The CDA may enter into contracts with third parties, sue and be
sued in its name, and appoint any person to represent it for such purpose.
The
head office of the CDA will be located in Dubai. The CDA may establish branches
within and outside the Emirate.
The CDA
will be responsible for organising and promoting Social Development in the
Emirate, general supervision of the outputs of the Social Sector, and offering
and provision of social services, with a view to building and managing an
integrated and effective Social Development and social services system in the
Emirate. This includes:
1. preparing comprehensive strategic plans
related to the Social Sector, and implementing or supervising the implementation
of such plans in coordination with the entities concerned within and outside of
the Emirate;
2. proposing legislation related to social
services, including the management of a social information system and integrated
database in the Emirate;
3. working with the concerned entities to develop
the quality of all types and phases of the Social Development sector outputs in
a manner that meets the various social needs;
4. planning, regulating, and conducting the
social activities, services, and programmes catering for all members of the
community;
5. setting the policies, standards, and rules
related to professionals and establishments engaged in the Social Sector
including volunteers, and supervising social service providers in the Emirate
and its free zones in accordance with the legislation issued in this respect;
6. licensing charitable societies, and professionals,
establishments, and volunteers engaged in the Social Sector;
7. attracting, developing, and qualifying the human
resources required by the Social Sector;
8. preparing the studies required to determine
the fees on social services provided by the CDA and its affiliated entities and
the method of charging and collecting such fees;
9. providing and developing cultural and social awareness
programmes and activities for the benefit of the community;
10. providing family counselling and guidance to
help prevent family disputes from aggravating;
11. proposing policies, criteria, and rules
related to Government grants of land and houses, and loans for housing, construction,
and restoration;
12. providing social care for Minors and persons having minor’s status; and
13. determining and setting priorities for the research
and studies required for the Social Sector to ensure development of social
services in accordance with the various needs of all segments of the community.
For
the purposes of this Law, social services will include providing appropriate
accommodation or housing to certain social classes and providing counselling
and habilitation services, financial subsidies, in-kind benefits, grants, housing
loans and basic life necessities, including temporary accommodation that is not
related to social care, and offering cultural and social awareness programmes
and activities and other community services.
1. The CDA may have affiliated corporations engaged
in providing social services. These corporations must be established pursuant
to resolutions of the Chairman of the Executive Council.
2. Each corporation will have a chief executive officer
appointed pursuant to a resolution issued by the Chairman of the Executive Council upon
recommendation of the Director General.
For
the purpose of achieving its objectives, the CDA may:
1. provide financial support and aid to low-income
individuals in accordance with the criteria and rules adopted by the CDA and
other relevant entities;
2. provide shelter and social care, including
support services in cooperation with the concerned Government entities, to the elderly
or persons with special needs and other social classes;
3. provide social care for psychiatric patients;
4. cooperate with Government entities to provide job
opportunities to UAE nationals;
5. supervise charity centres and foundations
operating in the Emirate;
6. provide assistance and counselling, raise awareness of human rights among members of the
community, and follow up on the relevant cases with the competent entities;
7. provide social care, supervise completion of
the formalities and maintain the relevant legal documents related to sponsorship
of orphans and foundlings, and follow up on the conditions of orphans and foundlings while in the
custody of their sponsors;
8. rehabilitate addicts of narcotics,
psychotropic drugs, and similar substances, and provide social care for such
persons covering the psychological, physical, cultural, and professional
aspects;
9. provide shelter and social care to orphans,
foundlings, juvenile delinquents, homeless people, and children of prisoners;
10. follow up on cases of juvenile delinquents and
rehabilitate them during and after serving their sentences;
11. provide social and psychological care to
prisoners, follow up on prisoner conditions, and rehabilitate them after release
from prison by creating for them suitable job opportunities; and
12. establish social centres in the Emirate to provide
social services.
For
the purpose of performing its duties, the CDA may:
1. own and take lease of real property, movables,
materials, devices, equipment, and software required for performing and
completing the work assigned to the CDA; and
2. establish companies, either solely or in
partnership with other founders, and enter into agreements with corporations,
individuals, and companies within and outside of the Emirate operating in fields related to the work
of the CDA.
Pursuant
to this Law, the duties, rights, obligations, and powers of the following
entities will be transferred to the CDA:
1. the Department of Human Rights Care at the
Dubai Police General Headquarters, and its affiliated divisions;
2. the Training and Rehabilitation Centre at the Dubai
Police General Headquarters;
3. the Social Services Directorate at His
Highness the Ruler's Court;
4. the Social Care Section at the Public
Prosecution;
5. social care directorates and divisions at prisons and Government
schools;
6. social and psychological care and follow-up
divisions and juvenile divisions of the Central Prison, Women Prison, and the Misdemeanours
Prison;
7. social service and social care divisions affiliated
to the Dubai Health Authority;
8. the Family Awareness Division at the Family
Guidance Administration of the Islamic Affairs and Charitable Activities
Department; and
9. the Social Service Division of the Community
Service Programme and the Elderly Centre affiliated to the Primary Health Care Department of the
Dubai Health Authority.
The
duties of the Islamic Affairs and Charitable Activities Department in relation
to the following will be transferred to the CDA:
1. supervising the administrative, financial,
and cultural affairs of charitable and social centres and foundations, approving their programmes,
and issuing them licences; and
2. planning, regulating, and conducting social and cultural
activities and programmes related to family and women.
The CDA may, as it deems appropriate,
transfer to its employment any of the employees of the entities mentioned in
the preceding two Articles of this Law, in order to enable it to perform its
duties.
Article (13)
The CDA will
be managed by a Director General appointed pursuant to a decree issued by the
Ruler.
The
Director General will manage the CDA, supervise its administrative, technical,
and financial affairs, and represent it before third parties. The Director
General will take the resolutions and measures he deems appropriate to achieve
the objectives and perform the duties of the CDA, including:
1.
setting the
general policy and the project programmes of the CDA and its affiliated
corporations;
2.
preparing
the draft budget of the CDA and its affiliated corporations, and submitting it
to the Executive Council for approval;
3.
drafting
the organisational structure and the bylaws regulating the administrative,
financial, and technical affairs of the CDA and its affiliated corporations,
and submitting these to the Executive Council for approval;
4.
proposing the
fees for the social services rendered by the corporations affiliated to the CDA,
and submitting these to the Executive Council for approval;
5.
coordinating
with all entities within and outside of the Emirate in relation to the
strategic planning of the Social Development sector;
6.
undertaking
general supervision of the work of the executive body of the CDA;
7.
supervising
the work of the corporations and entities affiliated to the CDA and signing the
necessary agreements;
8.
appointing
auditors and determining their remuneration at the commencement of each
financial year;
9.
setting
the strategic plans for the Social Sector; and
10. approving the operational plans for the corporations
affiliated to the CDA.
1.
The CDA will
have a board named the "Board of Directors of the CDA" chaired by the
Director General and comprised of members appointed by the Director General
from among the employees of the CDA and executive directors of its affiliated corporations.
2.
The Board
of Directors of the CDA will assist the Director General in performing his
duties.
The
Board of Directors will hold a meeting at least once every month at the invitation
of the Director General.
The
Board of Directors may form permanent or temporary sub-committees to assist it
in performing its duties, and will specify the functions and powers of these sub-committees.
The
Board of Directors of the CDA will have the duties to:
1. audit and evaluate the performance of the corporations affiliated to the CDA;
2. contribute to setting the annual Social Development
plans for the Emirate;
3. support the coordination of duties and
services rendered by the corporations affiliated to the CDA;
4. prepare the operational plans for the corporations
affiliated to the CDA, and submit these to the Director General for approval; and
5. discuss any other issues of relevance to the
work of the corporations affiliated to the CDA.
1. The CDA will have an "Advisory Board"
comprised of a chairman and no less than five (5) members whose appointment and
term of office will be determined pursuant to a resolution of the Director
General. The Advisory Board will be formed of experts in the social field and beneficiaries of social services.
2. The Advisory Board will prepare the studies
and recommendations on areas of relevance to the work of the CDA, and submit these to the Board
of Directors.
Except
in cases of fraud and gross error, neither the Director General, nor the Board
of Directors, nor the chairman of the Board of Directors, nor any member of the
Board of Directors will, in the course of managing the CDA and its operations,
be liable to third parties for any act or omission committed by them in
connection with this management. The CDA will be solely liable to third parties
for such act or omission.
The provisions of Law No. (27) of 2006
Concerning Management of the Government of Dubai Human Resources will apply to
the employees of the CDA.
The
financial resources of the CDA will consist of the following:
1. support allocated to the CDA in the general
budget of the Emirate;
2. service fees and charges collected by the CDA;
3. grants and gifts received by the CDA and accepted
by the Executive Council; and
4. any other resources approved by the Executive
Council.
The CDA will be exempt from all local taxes
and fees except customs duties.
The
relationship between the CDA and its affiliated corporations will be regulated
and managed pursuant to a working agreement which determines the strategic goals
of these corporations according to the general objectives of the CDA, and defines
the common framework, powers, and responsibilities of the CDA and its affiliated
corporations.
In
regulating its accounts and records, the CDA will follow the rules and
principles of commercial accounting. The financial year of the CDA will
commence on 1 January and will end on 31 December of each year, except that the
first financial year will commence as of the date this Law comes into force and
will end on 31 December of the following year.
Law
No. (3) of 1997 Establishing the Training and Rehabilitation Centre will be
repealed, and any provision in any other legislation will also be repealed to
the extent that it contradicts the provisions of this Law.
This
Law will be published in the Official Gazette and will come into force on the
day on which it is published.
Mohammed bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 8 July 2008
Corresponding to 5 Rajab 1429 A.H.
© 2014 The Supreme Legislation Committee
in the Emirate of Dubai
[1]Every effort has been made to produce an accurate and complete
English version of this legislation.
However, for the purpose of its interpretation and application,
reference must be made to the original Arabic text. In case of conflict the Arabic text will
prevail.