Law
No. (3) of 2015
Establishing
UAE
Water Aid Foundation (Suqia)[1]
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We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Decree No. (1) of 1992 Establishing the Dubai
Electricity and Water Authority and its amendments,
Do
hereby issue this Law.
This Law will be cited as “Law
No. (3) of 2015 Establishing UAE Water Aid Foundation (Suqia)”.
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. |
|
DEWA: |
The Dubai Electricity and Water Authority. |
|
Suqia: |
The UAE Water Aid Foundation. |
|
Board of Trustees: |
The board of trustees of Suqia. |
|
Chairman: |
The chairman of the Board of Trustees. |
|
CEO: |
The chief executive officer of Suqia. |
Pursuant
to this Law, a public non-profit foundation named “UAE Water Aid Foundation (Suqia)”
is established. Suqia will have legal personality, and the legal capacity
required to undertake all acts and dispositions that ensure the achievement of
its objectives. Suqia will be affiliated to DEWA.
The
head office of Suqia will be located in the city of Dubai. Other
branches and offices of Suqia may be established within and outside of the Emirate.
Suqia
will have the following objectives:
1. to position the UAE as a pioneer, at the
international level, in taking initiatives and providing humanitarian aid to
improve the living conditions of the poor and distressed communities, and to achieve
sustainable development;
2. to support the role of the humanitarian
organisations and agencies in the UAE, and to enhance their capabilities to cope
with the humanitarian emergencies around the world;
3. to participate in international efforts to ensure
the availability of clean potable water, combat life-threatening water-related
diseases, and protect water resources from biological and chemical pollutants;
4. to provide clean potable water and the basics
of a decent life to the needy, distressed, and underprivileged persons around
the world; and
5. to contribute to developing permanent and radical
solutions to the water shortage crisis around the world through the use of
modern technology; and
6. to contribute to providing innovative and
creative solutions to the communities that are suffering from the shortage,
scarcity, and pollution of potable water.
For
the purpose of achieving its objectives, Suqia will have the duties and powers
to:
1. contribute to financing and supporting water
technology projects to fight drought and water-related diseases;
2. develop sustainable water purification and
desalination solar energy-based solutions;
3. promote social responsibility among public and
private entities within and outside of the Emirate, and encourage them to support
the humanitarian initiatives that contribute to providing clean potable water
for those most in need of it around the world. For this purpose, Suqia
may recognise such entities through the awards it sponsors, and which are
granted to researchers in the field of development and innovation of solar
energy-based water production systems and technology.
4. support partnership efforts among
international, regional, Arab, local, civilian, and other foundations and
organisations which share common objectives in the field of fighting and reducing
water scarcity and shortage;
5. raise funds and donations within and outside
of the Emirate, in coordination with the concerned entities, to finance
research and studies on providing clean potable water; and invest the property
of Suqia to help achieve its objectives;
6. contribute to establishing companies or
undertake joint investments and ventures within and outside of the UAE;
7. form permanent or temporary committees and
work teams to enable Suqia to perform its
duties, and
determine the functions and terms of reference of these committees and work
teams; and
8. perform any other activities or acts required for
the achievement of the objectives of Suqia.
To
effectively and efficiently perform its duties and functions, Suqia may
establish research centres to:
1. conduct studies and research and issue reports
and publications on the latest practices and techniques to address the water
crisis; and support the endeavours for solar energy-based clean and potable
water production;
2. conduct research and field experiments to test
the viability of solar energy-based water production and desalination technology;
3. coordinate with international, educational,
and academic entities and institutions by entering into the relevant
partnerships and agreements;
4. organise scientific conferences and sponsor
those organised by institutions specialised in water-related scientific
research within and outside of the UAE; and
5. perform any other duties that enable Suqia
to perform the duties and powers assigned to it.
a.
Suqia will have a Board of Trustees comprised of a Chairman
and at least six (6) experienced, competent, and specialised members, appointed
pursuant to a decree issued by the Ruler.
b.
At
its first meeting, the Board of Trustees will elect, from among its members, a vice chairman who
will act as the Chairman in case of his absence or any other impediment.
c.
The
Board of Trustees will convene at the invitation of the Chairman, or the vice
chairman if the Chairman is absent, at least once every three (3) months 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.
d.
The
Board of Trustees will pass its resolutions and recommendations by majority
vote of attending members, and in the event of a tie, the chair of the meeting will
have a casting vote.
e.
Resolutions
and recommendations of the Board of Trustees will be recorded in minutes signed
by the chair of the meeting and attending members.
f.
The
Chairman will appoint a rapporteur who will be responsible for sending
invitations for the meetings of the Board of Trustees to its Chairman and
members; preparing the agenda of meetings; drafting minutes of meetings; following
up the implementation of resolutions and recommendations; and performing any
other duties assigned to the rapporteur by the chair of the meeting.
g.
For
the purpose of considering the issues and matters referred to it, the Board of
Trustees may seek assistance from the experts and specialists it deems
appropriate from within and outside of the Emirate, provided that they do not
have the right to vote in its deliberations.
The
Board of Trustees will undertake general supervision of the work of Suqia and its
performance of assigned duties and powers, and may in particular:
1. approve the work plans and programmes which
are in line with the objectives of Suqia;
2. approve the general policy, and strategic and
operational plans of Suqia;
3. approve the draft annual budget and final
accounts of Suqia;
4. approve the organisational structure of Suqia,
and the resolutions, bylaws, and regulations which regulate its administrative,
financial, and technical work;
5. approve
the terms of reference of the Board of Trustees;
6. appoint auditors and specialist consultants,
and determine their remuneration; and
7. perform any other duties related to the
objectives and functions of Suqia.
a.
A CEO will be appointed to Suqia
by a resolution issued by the Chairman. This resolution will also determine the
salary and other financial benefits of the CEO.
b.
The CEO will, pursuant to
the resolutions and directives issued by the Board of Trustees or the Chairman,
have the duties and powers to:
1. propose the strategic, development, and
operational plans, work programmes, and general policy of Suqia, and submit the same to the Board of Trustees
for approval;
2. implement the general policy of Suqia
and the resolutions passed by the Board of Trustees;
3. propose
the annual draft budget and final accounts of Suqia, and submit the same
to the Board of Trustees for approval;
4. prepare the organisational structure of Suqia, and draft the resolutions, bylaws, and regulations
which regulate the administrative, financial, and technical work of Suqia, and submit the same to the Board of Trustees
for approval;
5. supervise the daily work of Suqia and its executive body, and appoint
specialist and competent employees;
6. supervise the implementation of the projects,
programmes, and initiatives supported by Suqia
or to whose implementation it contributes;
7. represent Suqia before third parties, and conclude, upon the
approval of the Board of Trustees, the contracts and agreements required for
the achievement of its objectives;
8. achieve the required performance outcomes and
submit performance reports to the Board of Trustees; and
9. perform any other duties assigned to him by
the Board of Trustees or the Chairman.
a. The executive body of Suqia 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 Trustees for performing the duties assigned to him pursuant to this
Law and the regulations and bylaws adopted by Suqia, and for performing the duties assigned to him
by the Board of Trustees.
c. Employees of the executive body of Suqia will be appointed, and the terms of their appointment
and dismissal, their rights and duties, and other relevant matters will be
determined pursuant to the regulations and bylaws approved by the Board of Trustees
in this respect.
The
financial resources of Suqia will consist of:
1. the support allocated to Suqia
in the budget of DEWA;
2. gifts, donations, grants, bequests, and endowments
awarded to Suqia and accepted by the Board of
Trustees;
3. returns on the investment
of the property of Suqia; and
4. any other financial or in-kind resources approved
by the Board of Trustees.
a. In regulating its accounts and records, Suqia will apply the rules and principles of commercial
accounting in accordance with the internationally recognised standards.
Accounts and records of Suqia will be audited by an audit firm appointed by
the Board of Trustees.
b. The financial year of Suqia 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.
Neither
the Government nor DEWA will be held liable to third parties for any debts or
obligations claimed from Suqia.
The
Board of Trustees will issue the resolutions required for the 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 comes into force on the day on which it is issued, and will be published in
the Official Gazette.
Mohammed
bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 3 February 2015
Corresponding to 14 Rabi al-Thani 1436 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.