Administrative Resolution No. (1) of 2016
Concerning
the Requirements and Rules
Related to Lost and Abandoned Property in the
Emirate of Dubai[1]
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The Commander-in-Chief of the Dubai Police,
After
perusal of:
Federal
Law No. (3) of 1987 Issuing the Penal Code and its amendments;
The
Dubai Police Law of 1966 and its Implementing Bylaw No. (1) of 1984; and
Law
No. (5) of 2015 Concerning Disposition of Lost and Abandoned Property in the
Emirate of Dubai,
Does hereby issue this Resolution.
The following words and expressions,
wherever mentioned in this Resolution, will have the meaning indicated opposite
each of them unless the context implies otherwise:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
DP: |
The Dubai Police. |
|
CID: |
The Criminal Investigation Department. |
|
Centre: |
Any of the centres, offices, or police stations
affiliated to the DP; or similar entities. |
|
Law: |
Law No. (5) of 2015 Concerning Disposition of
Lost and Abandoned Property in the Emirate of Dubai. |
|
Lost
Property: |
Money and movables which may be legally
possessed; are of inherent value, or of value for their Owner; are lost by
their Owner without deliberate intention; and are found within the Emirate.
This does not include stray animals. |
|
Abandoned
Property: |
Money and movables which may be legally
possessed, are of inherent value; and are intentionally left behind by their
owner or legal possessor. This does not include stray animals. |
|
Owner: |
The legal owner or legal possessor of the Lost
Property at the time of losing it. |
|
Finder: |
A person who finds Lost Property. This does not
include any public servant assigned the task of searching for lost property
as part of his employment duties. |
|
Programme: |
An electronic system designated for Lost
Property and Abandoned Property. |
For the purposes of this
Resolution, the DP will have the duties and powers to:
1.
receive reports concerning the loss of property
and other things in the Emirate;
2.
receive the Lost Property and Abandoned Property;
and safekeep the same in a suitable place;
3.
maintain special records of the details and
description of Lost Property and Abandoned Property; the date and time of
finding or receiving them; the location where they are found or abandoned; the
details of Finders and any other information the DP deems required;
4.
estimate the costs of safekeeping, making
announcements on, and disposing of Lost Property; and
5.
perform any other duties required for the
implementation of the provisions of the Law and this Resolution.
An electronic system will be
maintained by the DP for managing all matters related to handing over,
safekeeping, and making announcements on Lost Property and Abandoned Property.
The concerned entities in the Emirate will be linked to this system.
The loss of any property or
things will be reported as follows:
1.
The Owner or his legal representative will submit
a loss report to a Centre on the form prescribed by the DP for this purpose.
2.
A detailed description, that leaves no room for
uncertainty, of the lost property or things will be provided.
3.
Proof of ownership of the lost property or things,
if any, will be provided by the person filing the loss report.
4.
All data and information of the lost property or
things will be recorded in Programme.
a.
A Finder must hand in the Lost Property to a
Centre within forty-eight (48) hours of finding it.
b.
The Centre will receive the Lost Property pursuant
to a receiving report that contains the description and condition of the Lost
Property; the identity information of the Finder; and the date, time, and place
of finding the Lost Property. The details of the Lost Property will be recorded
in the Programme.
a.
The DP will retain Lost Property for a period of
not less than one (1) year from the date of finding it.
b.
Where the Owner of the Lost Property is not
identified within one (1) year from the date on which it is found, the DP may
hand it over to the Finder, upon his request, subject to the following:
1. The
Finder must sign an undertaking to preserve the Lost Property and to refrain
from disposing thereof or moving it to outside of the Emirate.
2. The
Finder must, based on the type of the Lost Property, provide a suitable place
to safekeep it within the Emirate.
3. The
Finder must nominate a guarantor who is aware of the place where the Lost
Property is kept and undertakes to hand it over to the DP or to its Owner where
required.
4. Where
the Finder is not a UAE national, he must hold a valid residence permit in the
Emirate.
5. The
Finder must undertake to hand in the Lost Property to the DP where its Owner is
identified or where the Finder is a non-UAE national and intends to leave the
UAE.
c.
Where a Finder fails to comply with the provisions
of paragraph (b) of this Article, he may be criminally prosecuted in accordance
with the provisions of the above-mentioned Federal Law No. (3) of 1987.
d.
The DP will have the right to view the Lost
Property and verify that it is in the possession of the Finder, and may request
retaking its possession at any time.
e.
The DP will, in coordination with the concerned
government entities, determine the method of safekeeping the Abandoned Property
which is in the possession of these entities until
such property is disposed of by the DP pursuant to the Law and this Resolution.
The DP will make announcements
on Lost Property in the manner, and using the means, it deems suitable,
including electronic means.
a.
Where the one year period prescribed for retaining
Lost Property lapses without identifying its Owner or reclaiming it by the
Finder, the DP may sell it through a committee formed pursuant to a resolution
of the Commander-in-Chief of the DP for this purpose. The resolution forming
this committee will determine the functions and terms of reference of the
committee.
b.
The DP may dispose of the following property and
things without the need to make announcements on the same and before the lapse
of the one year retention period:
1. Lost
Property that is perishable, or prone to damage or impairment;
2. lost
and abandoned property and things whose value is insignificant, or whose
safekeeping and announcement costs exceed their value;
3. property
and things which are prohibited from being carried or shipped on board
aircraft, trains, ships, buses, and other means of public transport; and which
are abandoned by their owners at airports, stations, ports, and border crossing
points;
4. property
and things which are abandoned by inmates of punitive and correctional
institutions and which remain unclaimed by these persons for sixty (60) days
after the date of their release;
5. property
and things which are abandoned in public places and facilities and which remain
unclaimed for sixty (60) days after they are abandoned;
6. impounded
or seized property and things in respect of which a release or cancellation of
seizure decision is issued, and which remain unclaimed by their owners for
sixty (60) days after the date of that decision; and
7. property
and things abandoned by the guests of hotel establishments and which remain
unclaimed for more than sixty (60) days.
a.
An Owner has the right to reclaim his Lost
Property before it is disposed of by the DP.
b.
An Owner may claim the sale price of Lost Property
within fifteen (15) years from the date of being disposed of by the DP.
c.
Where Lost Property is disposed of without
consideration due to its special nature or insignificant value; or where it is
donated to charities, museums, public libraries, or other entities, the Owner
of that Lost Property will be entitled to trace it into the hands of third
parties.
d.
Where more than one person claims the ownership of
Lost Property, it will be handed over, or its price be paid, to the person in
whose favour the competent court delivers a final judgement to this effect.
e.
In the absence of a legitimate excuse, no claim
for Lost Property or its price may be heard after the lapse of (15) fifteen
years from the date on which it is found.
f.
The Lost Property or its sale price will be handed
over to its Owner after payment of the costs of safekeeping, making
announcements on, and disposing of such property. The DP’s estimation of these
costs will be deemed final.
a.
A Finder may be granted a “Certificate of
Appreciation” from the DP in recognition of his honesty. The Finder may also be
granted a financial reward amounting to (10%) of the value of the Lost
Property. The amount of this reward may not exceed fifty thousand dirhams (AED
50,000.00), and it will be deducted from the value of the Lost Property,
whether or not the Owner reclaims the Lost Property or claims its price.
b.
In granting a Finder a financial reward, the
following must be observed:
1. The
Owner and Finder must not be relatives, where the Owner is identified.
2. The
Finder must comply with his obligations under the Law and this Resolution.
3. The
value of the Lost Property must not be insignificant.
c.
The reward granted to a Finder will be recovered
where it is established that he has failed to comply with any of the rules
referred to by paragraph (b) of this Article.
The Director of the CID will
issue the instructions required for the implementation of the provisions of this
Resolution.
This Resolution comes into
force on the day on which it is issued, and will be published in the Official
Gazette.
Commander-in-Chief of the Dubai Police
Major General Expert Khamis Mattar Al Mazeina
Issued in Dubai on 9 February 2016
Corresponding to 30 Rabi
al-Thani 1437 A.H.
©2021 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.