Law
No. (10) of 2012
Establishing
Al
Jalila Medical Education and Research Support Foundation[1]
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We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law No. (9) of 2011 Concerning Dubai
Healthcare City; and
With a view
to promoting the healthcare service standards and achieving the highest
possible level of wellness for all individuals at local, regional, and
international levels through supporting academic education and scientific
research in various medical fields,
Do
hereby issue this Law.
This
Law will be cited as “Law No. (10) of 2012 Establishing Al Jalila Medical Education
and Research Support Foundation”.
The
following words and expressions, wherever mentioned in this Law, will have the
meaning indicated opposite each of them unless the context implies otherwise:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
Ruler: |
His Highness the Ruler of Dubai. |
|
Government: |
The Government of Dubai. |
|
DHCC: |
Dubai Healthcare City. |
|
Foundation: |
Al Jalila Medical Education and Research Support
Foundation. |
|
Board of Trustees: |
The board of trustees of the Foundation. |
|
Board of Directors: |
The board of directors of the Foundation. |
|
CEO: |
The chief executive officer of the Foundation. |
|
Fund: |
The donations fund established at the Foundation in
accordance with the provisions of this Law. |
Pursuant
to this Law, a non-government non-profit foundation named “Al Jalila Medical
Education and Research Support Foundation” is established. The Foundation will
have legal personality, financial and administrative autonomy, and the legal
capacity required to undertake all acts and dispositions that ensure the achievement
of its objectives.
The
head office of the Foundation will be located in DHCC. Other branches and
offices of the Foundation may be established within and outside of the UAE.
The
Foundation will have the following objectives:
1. to position the UAE as a pioneer in the area
of medical sciences by offering scholarships and funding medical research;
2. to establish and promote a culture of
excellence in the medical academic and medical scientific research fields with a
view to promoting healthcare service standards within and outside of the UAE;
3. to motivate researchers from amongst UAE nationals
and non-UAE nationals and foster their creativity in medical specialisations
with a view to achieving high scientific standards;
4. to support and direct researchers to conduct the
most highly beneficial medical research to meet the needs of the community; and
5. to contribute to scientific advancement in
medical fields with a view to achieving sustainable development of local,
regional, and international communities.
For
the purpose of achieving its objectives, the Foundation may:
1. provide financial support for medical scientific
research projects of academic and research institutions within and outside of
the UAE;
2. to offer scholarships in medical
specialisations for UAE nationals and non-UAE nationals;
3. motivate researchers and specialised research
institutions to conduct distinguished medical research, through granting recognition
awards and rewards;
4. contribute to funding scientific research
programmes and projects which focus on applied sciences, knowledge, and
technology; aim to solve problems facing research institutions; and promote
creativity and marketing of scientific research outputs;
5. provide medical treatment to the needy of all
nationalities within and outside of the UAE;
6. support publication of specialised medical journals
within and outside of the UAE;
7. sponsor academic conferences organised within
and outside of the UAE by academic and scientific research institutions
specialised in medical specialties;
8. organise medical conferences and symposia on
various specialties;
9. cooperate with academic institutions;
international, regional, and Arab organisations; local, Government and civil organisations;
and other entities to support medical scientific research and technological
development;
10. contribute to the formation of companies, or undertake
investments or joint ventures within and outside of the UAE; and
11. perform any other activities or acts required for
the achievement of the objectives of the Foundation.
a.
The
Foundation will have a Board of Trustees comprised of a chairman, vice chairman,
and a number of members known for their integrity and competence, appointed
pursuant to a decree of the Ruler.
b.
The
Board of Trustees will convene at the invitation of the chairman, or the vice
chairman if the chairman is absent, at least once per year and where necessary.
Meetings of the Board of Trustees will be valid if attended by the majority of
its members provided that the chairman or vice chairman is in attendance.
c.
The
Board of Trustees will pass its resolutions by majority vote of attending
members, and in the event of a tie, the chair of the meeting will have a
casting vote. Resolutions of the Board of Trustees will be recorded in minutes
signed by the chair of the meeting and attending members.
The
Board of Trustees will undertake general supervision of the affairs of the
Foundation, and may in particular:
1. approve the general policy and strategic plans
of the Foundation;
2. appoint auditors and specialist consultants
and determine their remuneration;
3. approve the draft annual budget and final
accounts of the Foundation; and
4. perform any other duties related to the
objectives and functions of the Foundation.
a. The Foundation will have a Board of Directors
comprised of a chairman, vice chairman, and a number of members known for their
expertise and competence appointed pursuant to a resolution of the Chairman of
DHCC Authority for a renewable period of three (3) years.
b. The Board of Directors will convene on regular
basis at the invitation of its chairman or vice chairman. Meetings of the Board
of Directors will be valid if attended by the majority of its members provided
that the chairman or vice chairman is in attendance.
c. The Board of Directors will pass its
resolutions by majority vote of attending members, and in the event of a tie,
the chair of the meeting will have a casting vote. Resolutions of the Board of Directors
will be recorded in minutes signed by the chair of the meeting and attending members.
a. The Board of Directors will follow up the
implementation of the general policy and strategic goals and plans of the
Foundation. For this purpose, the Board of Directors may:
1.
set operational plans and programmes
related to the policy of the Foundation approved by the Board of Trustees;
2.
approve the standards required to
determine persons, institutions, programmes, and plans to be supported and funded
by the Foundation;
3.
determine the priorities and policies
for funding scholarships to persons and institutions, and implement the
Foundation’s programmes and projects in accordance with the funds allocated in
the annual budget of the Foundation;
4.
approve the plans required to secure
funding of scholarships, projects, and programmes by the Foundation;
5.
approve the internal regulations and
bylaws of the Foundation;
6.
approve the draft annual budget and
final accounts of the Foundation, and submit these to the Board of Trustees for
approval;
7.
determine the basis for cooperation
and coordination with the entities concerned with medical scientific research
at the local, regional, and international levels;
8.
supervise the work of the Fund;
9.
appoint the CEO of the Foundation and
determine his salary and other financial benefits;
10.
form permanent and temporary
committees and determine their duties and powers;
11.
approve the conclusion of agreements
and memoranda of understanding with academic institutions, institutes,
organisations, and entities specialised in research areas related to the objectives
of the Foundation; and
12.
perform any other duties related to
the objectives and functions of the Foundation assigned to it by the Board of
Trustees.
b. The Board of Directors may delegate to any of
its members or to the CEO any of the powers mentioned in paragraph (a) of this
Article.
a. The executive body of the Foundation will be
comprised of a CEO and a number of administrative, financial, and technical employees.
b. The CEO will be directly responsible to the
Board of Directors for performing the duties assigned to him pursuant to this
Law and the regulations and bylaws in force in the Foundation, and for
performing the duties assigned to him by the Board of Directors.
c. Employees of the executive body of the
Foundation will be appointed, and the terms of their appointment and dismissal,
their rights and duties, and other relevant issues will be determined pursuant
to the regulations and bylaws approved by the Board of Directors in this
respect.
The
CEO will have the duties and powers to:
1. propose the policies and strategic,
development, and operational plans of the Foundation, and take the necessary
action to implement these once they are approved;
2. draft the administrative, financial, and
technical regulations and bylaws required to regulate the work and services of
the Foundation, and submit these to the Board of Directors for approval;
3. prepare the annual budget and final accounts
of the Foundation, and submit these to the Board of Directors for approval;
4. supervise the executive body of the Foundation
and its daily operations, activities, and services;
5. supervise the implementation of plans and
programmes supported by the Foundation;
6. represent the Foundation before third parties
and sign in its name and on its behalf any contracts, agreements, and memoranda
of understanding;
7. open and manage bank accounts within and
outside of the Emirate subject to approval of the Board of Directors; and
8. perform any other duties assigned to him by
the Board of Directors.
The
financial resources of the Foundation will consist of:
1. proceeds of movable and immovable property owned
by the Foundation and property endowed or allocated to the Foundation;
2. gifts and donations; and
3. any other financial resources approved by the
Board of Directors.
a. For the purposes of achieving the objectives
of the Foundation stipulated in this Law, a fund named the “Donations Fund” will
be established at the Foundation. The Fund will aim to raise donations from
public and private entities and individuals within and outside of the Emirate to
finance the Foundation’s projects aimed at supporting medical education and
research.
b. The Board of Directors will form a committee
named the “Fund Management Committee” to undertake supervision of the Fund.
Members of the Fund Management Committee will be active in the field of work of
the Foundation and will be appointed for a renewable period of three (3) years.
c. The resolution forming the Fund Management
Committee will determine the frequency of meetings, mode of operation, and
procedure for passing the resolutions of the Fund Management Committee, and will
include other provisions related to regulating its work.
d. The Fund Management Committee will have the
duties and powers to:
1.
set the
Fund’s policy and submit it to the Board of Directors for approval, and develop
the programmes required for implementation of such policy;
2.
determine methods
of investing and developing the property of the Fund;
3.
follow up the
administrative and financial affairs of the Fund;
4.
organise the
accounts of the Fund in accordance with regulations and bylaws issued by the
Board of Directors in this respect;
5.
prepare the
annual budget and closing financial statements of the Fund, and submit these to
the Board of Directors for approval; and
6.
perform any
other duties assigned to it by the Board of Directors.
a. In regulating its accounts and records, the
Foundation will apply the rules and principles of commercial accounting in
accordance with the internationally recognised standards. Accounts and records
of the Foundation will be audited by an audit firm appointed by the Board of
Trustees.
b. The financial year of the Foundation will
commence on 1 January and will end on 31 December of each year, except that the
first financial year will commence on the date this Law comes into force and will
end on 31 December of the following year.
The
Board of Directors will issue the regulations and bylaws required for
implementation of the provisions of this Law.
Any
provision in any other legislation will 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 22 November 2012
Corresponding to 8 Muharram 1434 A.H.
©2015 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.