Executive Council Resolution No. (50) of 2016
Regulating
Dubai Municipality Markets[1]
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We,
Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman of
the Executive Council,
After perusal of:
Federal Law No. (5) of 1985 Issuing
the Civil Code and its amendments;
Federal Law No. (24) of 2006
Concerning Consumer Protection and its amendments;
Law No. (6) of 1997 Concerning
Contracts of Government Departments in the Emirate of Dubai and its amendments;
Law No. (3) of 2003 Establishing the
Executive Council of the Emirate of Dubai;
Law No. (6) of 2006 Concerning Contribution
of Beneficiaries to the Cost of Roads and Public Transport Contracts;
Law No. (26) of 2007 Regulating the
Relationship between Landlords and Tenants in the Emirate of Dubai and its
amendments;
Law No. (25) of 2008 Concerning the
Economic Development Department;
Law No. (13) of 2011 Regulating the
Conduct of Economic Activities in the Emirate of Dubai and its amendments;
Law No. (1) of 2016 Concerning the
Financial Regulations of the Government of Dubai;
Law No. (8) of 2016 Regulating the
Grant of Law Enforcement Capacity in the Government of Dubai; and
Local Order No.
(107) of 1997 Regulating Dubai Municipality Markets in the Emirate of Dubai and
its Implementing Bylaw,
Do
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:
|
Emirate: |
The Emirate of Dubai. |
|
DM: |
The Dubai Municipality. |
|
Director General: |
The director general of the DM. |
|
Market: |
A place
which is operated and supervised by the DM, and whose
geographical location and area are demarcated on the relevant
plan issued by the DM.
|
|
Specialised Market: |
A Market allocated for trading in
a specific type of goods or
services. |
|
Leased Property: |
An independent unit within a
Market leased out or designated by the DM to others for conducting specific
activities or availing of the
services provided in the Market. This includes shops, showrooms, table
stalls, carts, benches, barns, yards, warehouses, labour accommodations, and
similar units. |
|
Tenant: |
A natural or legal person who uses
Leased Property pursuant to his contract with the DM, or any person to whom the lease of that property
is legally transferred from the
original Tenant. |
|
Concerned Government Entity: |
This refers to the
Department of Economic Development in relation to
commercial licences and permits, and includes any other Government Department
responsible for the control
and supervision of the activities conducted in a Market. |
The provisions of this Resolution
apply to the Markets determined by the relevant
resolution of the Director General.
The DM establishes Markets in the
Emirate to achieve the following objectives:
1.
to contribute to pushing forward
economic development in the Emirate;
2.
to contribute to achieving food
security, protecting the public
health and safety of the community, and securing a strategic stock of essential
commodities and goods for the Emirate;
3.
to contribute to protecting
consumers against exorbitant prices, fraud, and monopoly;
4.
to regulate trade in certain
commodities and goods through establishing Specialised Markets dedicated to
specific commodities and goods;
5.
to contribute to supporting low-income
UAE nationals and charitable organisations and societies
in the Emirate, and to motivating them to conduct Economic Activities and
engage in trade by providing property for them to lease in
Markets at a reasonable Rent,
in coordination with the Government Entities concerned with community
development, young entrepreneurs support, and UAE nationals’ employment;
6.
to shape
the architectural identity of public markets in line with the prevailing
architectural identity of each area; and
7.
to accommodate the preferences of
consumers from different
social, cultural, and economic backgrounds.
For the purpose of achieving the
objectives referred to in Article (3) of this Resolution, the DM will, within
Markets, have the duties and powers to:
1.
establish permanent and temporary
general Markets and Specialised Markets in light of analysing
the needs of the population, the prevailing economic conditions, and the
planning needs of areas in the Emirate;
2.
manage, regulate, supervise, and
control Markets, including the manpower,
tools, equipment, and facilities in such Markets;
and prescribe their operational rules and requirements, without prejudice to
the relevant powers vested in the Concerned Government Entities;
3.
lease out and allocate the
property existing within Markets;
4.
issue the resolutions and bylaws
regulating the lease
and allocation of the property
existing within Markets;
5.
determine the types and kinds of
goods and commodities whose sale is permitted
or prohibited in Markets;
6.
determine the Market facilities that
the DM can
exploit and invest, including the inner and outer areas, designated car parks,
pathways, and other similar facilities;
7.
conduct periodic and preventive
maintenance of, and provide insurance coverage for, Markets;
8.
monitor, without prejudice to the
functions of Concerned Government Entities, the compliance of Tenants, their
employees, and Market staff with
the provisions of this Resolution and the bylaws and instructions issued in
pursuance hereof, and with other local and federal
legislation administered by the DM;
9.
determine, in coordination with the
Concerned Government Entities, the prices and charges for any
or all of the services provided,
and activities conducted, in Markets;
10. organise
and supervise, in coordination with the Concerned Government Entities, the
seasonal marketing events within Markets, whether launched by the DM or by
others;
11. develop,
and follow up the implementation of, Market replacement and renovation
plans;
12. develop
the systems and standards related to writing the names of shops and using means
of promotion and advertising in Markets;
and verify, in coordination with the Concerned Government Entities, that the
relevant permits required
are obtained;
13. consider
the layout of entrances
and exits of Markets,
conduct traffic impact studies for
the locations of these Markets, and have them approved by the Concerned
Government Entities; and
14. determine,
in coordination with the Concerned Government Entities, the size and types of
Markets at the level of areas, districts, or residential communities.
No natural or legal person may conduct any activity or
provide any service within a Market without first obtaining the relevant permit
from the DM, and the relevant licences and authorisations from the Concerned
Government Entity.
The DM may outsource the management, operation,
or investment
of all or any of the Market facilities,
or the
operations conducted therein, to one or more legal persons pursuant
to a contract it concludes with such person or persons for this purpose.
The DM will not be liable to third parties for any debts or obligations
incurred by that person or persons as a result of the
contract.
The
use of Leased Property will be pursuant to a Lease Contract
concluded with the DM in accordance with the procedures and provisions
stipulated in the above-mentioned Law No. (6) of 1997 or in any other superseding
legislation.
a.
A Tenant may assign the lease
of the Leased Property, sublease
the same, or exchange it for another only if he
obtains the relevant prior written approval of the DM; and pays an
amount not exceeding ten percent (10%) of the annual
rent of the Leased Property stipulated in the Lease Contract concluded with the
DM or an amount not exceeding
ten percent (10%) of the rental value of similar Leased Property in the same
area, whichever is higher.
b.
The Director General will, pursuant
to a relevant resolution he issues, prescribe the rules and conditions for
assignment of the lease of Leased Property,
and for sublease or
exchange of the same,
and determine the percentage of rent to be collected by the DM in each case.
A Tenant may not occupy pavements, yards, or pathways
within Markets without first obtaining the relevant permit from the DM. This
permit will be issued in accordance with the rules, conditions, and procedures
adopted by the DM in this respect.
The car parks existing within a
Market are deemed part thereof, and the DM may regulate and use these car parks
and collect the proceeds generated therefrom in any way it deems appropriate.
In addition to the obligations
stipulated in the legislation in force in the Emirate, a Tenant must:
1.
comply with the terms of his Lease
Contract with the DM;
2.
use the standard weighing scales, devices,
and equipment approved by the DM in sale transactions;
3.
not place or use any
weighing scales, devices, or measuring
equipment outside of the Leased Property;
4.
preserve the Leased Property and provide
contents insurance coverage
for it as prescribed by the DM in this respect; conduct
periodic maintenance of the Leased Property; and not make any alterations
thereto without first obtaining
the relevant written approval of the DM;
5.
comply with the bylaws and
instructions regulating the work at the Market, including those regulating the
Market working days and hours;
6.
not employ any person in any
capacity whatsoever, except for salespersons and workers
as permitted by the DM;
7.
use the Leased Property exclusively
for the permitted purposes stipulated in the Lease Contract;
8.
use the permitted areas and the
Market zoning plan for the purposes prescribed in the Lease Contract, and not
use them for any other purpose without first obtaining the relevant written
approval of the DM;
9.
not close down the Leased Property
for more than ninety (90) consecutive days without first obtaining the relevant
written approval of the DM;
10. not
modify the basic
details of the commercial
licence or change the commercial activity permitted
to be conducted at
the Leased Property without first obtaining the relevant written approval of
the DM;
11. not
trade in any materials, commodities, or goods, and not provide any services,
that are not permitted by the DM;
12. not
make any alterations or additions to the structure, architectural features,
or technical systems of the Leased Property without first obtaining the
relevant authorisation from the DM;
13. comply
with the environmental protection, public health, and community safety
conditions and requirements; and
14. comply
with any other obligations prescribed by the DM pursuant to the resolutions it
issues in this respect.
Workers
who are permitted by the DM to work at Markets must:
1.
comply with the regulations, bylaws,
and instructions regulating work at the Market, including those prescribing the
working days and hours;
2.
wear the uniform approved by the DM;
3.
wear the identification
card approved by the DM;
4.
obtain a health card from the
Concerned Government Entities;
5.
comply with the instructions
regulating the use
of the accommodation facilities allocated to them by the DM; and
6.
perform any other obligations
prescribed by the DM pursuant to the resolutions it issues in this respect.
Sale and purchase transactions at
Specialised Markets are
limited to trade in specific goods,
commodities, or services,
such as crops,
livestock, fodder, birds, pets, animal feed and supplies, cars,
and other goods,
commodities, or services authorised within these Markets by
the DM.
a.
In return for the services it
provides pursuant to this Resolution, the DM will collect
the fees prescribed in Schedule (1) attached hereto.
b.
For the purpose of collecting the
fees referred to in paragraph (a) of this Article, a part of a year will be
rounded up to a full year, a part of a month will be rounded up to a full
month, a part
of a day will be rounded up to a full day, and a part of an hour will be
rounded up to a full hour.
In addition to the annual Rent of
the Leased Property specified in the Lease Contract, the DM will collect from
the Tenant:
1.
service fees
of not more than twenty-five percent (25%) of the annual Rent of the Leased
Property, in return for security, cleaning, maintenance, and other services
provided by the DM to the Leased Property;
2.
charges
for water and electricity consumption at
the Leased Property. For
Leased Property that is not
equipped with water and electricity metres,
the water and electricity consumption charges
will be determined pursuant to the rules prescribed by the
relevant resolution of the Director General;
and
3.
a refundable security deposit of ten
percent (10%) of the annual Rent of the Leased Property,
payable by the Tenant upon executing the
Lease Contract,
to guarantee his compliance with the terms and provisions of the Lease
Contract. This security deposit will be refunded to the Tenant upon the expiry
of the Lease Contract and hand-over
of the Leased Property, after deducting any amounts owed
by the Tenant to the DM under this Resolution or the
Lease Contract concluded with him.
a.
Without prejudice to any stricter
penalty prescribed in any other resolution, a person who commits any of the
violations mentioned in Schedule (2) attached to this Resolution will be
punished by the fine indicated opposite that violation.
b.
In addition to the penalty of a fine
prescribed in paragraph (a) of this Article, the DM may, in coordination with
the Concerned Government Entities, take any
of the following measures against the violator:
1.
where warranted, termination of the
Lease Contract in accordance with the legislation in force;
2.
closure of the Leased Property for a
period not exceeding six (6) months;
3.
seizure of any
suspicious goods, products, or commodities until their validity and conformity
to the relevant adopted
specifications and sanitary requirements are verified;
4.
destruction of the non-compliant
goods, products,
commodities, or similar items at the violator's expense where they constitute a
hazard to public health
and safety or
the environment;
5.
placing wheel
clamps on vehicles that violate the rules and regulations of
the Markets; impound vehicles at the DM yards where they do not have traffic
files in the Emirate; or impound vehicles in coordination with the Dubai Police
where they have traffic files in the Emirate, until the violator pays the fines
prescribed pursuant to this Resolution in addition to the impoundment costs and
expenses determined by the DM; and/or
6.
confiscation, pursuant to a court
judgement, any non-compliant
goods, products, commodities, or similar items.
The
employees of the DM nominated by a resolution
of the Director General will have the capacity of law enforcement officers to
record the acts committed in breach of the provisions of this Resolution and
the bylaws and instructions
issued in pursuance hereof. For this purpose, they may access Leased Property,
any of its facilities,
or labour accommodations; and may issue the relevant violation reports.
In
addition to imposing the penalties and taking the measures prescribed in this
Resolution, the violator must compensate for
any damage sustained by the Leased Property or the Market
as a result of
his violation. The violator must also remedy the violation within the period
prescribed by the DM, failing which, the DM may remedy the violation,
at the violator's expense, by using its own resources or engaging
third parties; and charge
the violator a twenty-five
percent (25%) of the relevant
costs as administrative fees. The DM will estimate
these costs, and its estimation will
be deemed
final.
Any
affected party may submit a written grievance to the Director General against
any decision, procedure, or measure taken against him under this Resolution,
within thirty (30) days from the date of issuing the contested decision,
procedure, or measure. The grievance will be determined, within thirty (30)
days from the date of its submission, by a committee formed by the Director
General for this purpose, and the decision issued by the committee on the
grievance will be final.
For
the purpose of implementing the provisions of this Resolution, the DM may seek
assistance from Government entities in the Emirate, including police personnel.
Upon request, such entities must provide support and assistance to the DM.
The
fees,
fines, and charges collected
pursuant to this Resolution will be paid to the Public Treasury of the
Government of Dubai.
The
Director General will issue the resolutions required for the implementation of
the provisions of this Resolution.
The
above-mentioned Local Order No. (107) of 1997 is hereby repealed. Any provision
in any other resolution will also be repealed to the extent that it contradicts
the provisions of this Resolution.
This
Resolution will be published in the Official Gazette and will come into force
on the day on which it is published.
Hamdan bin Mohammed bin Rashid Al Maktoum
Crown
Prince of Dubai
Chairman of the Executive Council
Issued
in Dubai on 5 September 2016
Corresponding
to 3 Thu al-Hijjah 1437 A.H.
|
SN |
Service |
Fee (in
Dirhams) |
|
1 |
Refrigerated van,
container, or heavy or light
truck entry to, or parking at, unloading bays |
AED 30.00 per day |
|
2 |
Fish delivery and vending vehicle entry to auction yards at the Fish
Market: |
|
|
|
-
vehicles
with up to 1.5 tonne payload |
AED 20.00 per day per vehicle |
|
|
-
vehicles
with more than 1.5 tonne payload |
AED 30.00 per day per vehicle |
|
3 |
Using car parks at the Markets |
AED 2.00 per hour |
|
4 |
Issuance or renewal of annual work permit for porters at Markets |
500.00 |
|
5 |
Issuance or renewal of an identification card for a worker authorised to live at labour accommodations, or issuance of
a replacement for a lost identification card |
50.00 |
|
6 |
Issuance of a Market parking card |
50.00 |
|
7 |
Issuance of a replacement for a lost or damaged Market parking card |
150.00 |
|
8 |
Ticket for parking trucks and light and heavy vehicles in depots |
AED 5.00 per day |
|
9 |
Issuance of a permit to participate in events held at the Markets
(e.g. Friday Market): |
|
|
|
-
UAE
nationals, charitable associations, and similar entities |
50.00 |
|
|
-
companies
and corporations |
200.00 |
|
10 |
Drivers’ accommodation ticket |
AED 20.00 per day |
|
11 |
Issuance of a permit for sale
of seasonal products at: |
|
|
|
-
Vegetable
Market |
AED 10.00 per square metre per
day |
|
|
-
Fish
Market |
AED 25.00 per square metre per
day |
|
12 |
Rental of a space at Livestock Market for: |
|
|
|
- Sale of livestock - Fodder sorting and storage |
AED 250 .00 per square metre
per year |
|
13 |
Issuance of a permit for sale of birds and pets (at an auction yard) at the Birds
Market |
AED 20 per day |
|
14 |
Rental of a space for purposes of temporarily storing commodities,
goods, or vehicles and other items, depending on the activities of the relevant Market |
Two hundred fifty Dirhams (AED
250 .00) per square metre per year |
|
15 |
Rental of a space at a Market for advertising and promotional purposes
|
AED 200.00 per square meter per
day for a maximum period of fifteen (15) days AED 100.00 for each additional day |
|
16 |
Issuance of a replacement for a lost Lease Contract |
250.00 |
|
17 |
Variation of the details of a Lease Contract |
AED 200.00 per variation |
|
18 |
Request for inspection of Leased Property or other space |
200.00 |
|
19 |
Rental of a space at a Market to set up tables and chairs |
AED 1,500.00 per square metre per
year |
|
20 |
Request for Tenant data or information |
AED 200.00 per request |
|
21 |
Permit to sell used furniture and hardware items (at an auction yard)
within the Used Furniture Market: |
|
|
|
-
Individuals |
AED 50.00 per day |
|
|
-
Companies
and Corporations |
AED 200.00 per day |
|
22 |
Reconnecting utilities (water, electricity, etc) |
200.00 |
|
23 |
Issuance of an approval to close down Leased Property for a period not
exceeding ninety (90) consecutive days |
One thousand Dirhams (AED
1,000.00) per month |
|
SN |
Violation |
Fine (in Dirhams) |
|
1 |
Working at
a Market without a permit |
400.00 |
|
2 |
Selling or
displaying items at other than the designated places within the Market |
400.00 |
|
3 |
Using pathways and
internal and external spaces within a Market to store and sell goods and
commodities |
400.00 |
|
4 |
Placing
weighing scales outside of a shop, table stall, cart, or bench |
200.00 |
|
5 |
Failure by
porters or other workers to wear their distinctive uniforms, or to place
their trolleys at the designated places |
100.00 |
|
6 |
Selling
goods and commodities within the Market at other than the timings prescribed
by the DM |
500.00 |
|
7 |
Opening or
closing the Leased Property at other than the timings
prescribed by the DM |
500.00 |
|
8 |
Refrigerated
van, container, or heavy or light truck entry to unloading bays without a
permit |
500.00 |
|
9 |
Parking
refrigerated vans, containers, or heavy or light trucks at other than the
parking spaces designated for them at unloading bays or at public car
parking spaces at a Market |
500.00 |
|
10 |
Failure to
unload or load a refrigerated van or container within the
prescribed period |
200.00 |
|
11 |
Displaying,
unloading, or loading goods, commodities, crops, livestock, birds, or pets at
other than the prescribed timings and designated places within a Market |
500.00 |
|
12 |
Failure by
workers and porters to comply with the service price list prescribed by the
DM |
100.00 |
|
13 |
Tampering
with the fittings, equipment, or boards at the Market |
500.00 |
|
14.00 |
Occupying
pavements, yards, pathways, or parking areas within a Market in other
than the cases where such
occupancy is permitted |
1,000.00 |
|
15 |
Providing
false information on vehicles or goods to unlawfully obtain any
permits or approvals from the DM |
1,000.00 |
|
16 |
Cutting fish or
slaughtering livestock or birds at other than the designated places |
500.00 |
|
17 |
Cooking or overnight stay at the Leased Property |
1,000.00 |
|
18 |
Allowing workers who do
not work for the Tenant company to stay at Market accommodations |
1,000.00 |
|
19 |
Impairing the
general appearance of a Market |
500.00 |
|
20 |
Parking
vending vehicles at yards or parking areas designated for the public, or abandoning vehicles in yards or parking areas
at a Market |
2,000.00 |
|
21 |
Making
unauthorised modifications or additions to the Leased Property |
2,000.00 |
|
22 |
Selling
prohibited items within a Market |
2,000.00 |
|
23 |
Delay of companies or owners of trucks
and vehicles in renewing permits
for parking at Market yards or other areas |
500.00 |
|
24 |
Breaching
by a Tenant of any of the conditions of his Lease Contract with the DM |
1,000.00 |
|
25 |
Employing
a person other than those authorised by the DM in any capacity |
1,000.00 |
|
26 |
Using
Leased Property for other than the purposes stipulated in the Lease Contract |
2,000.00 |
|
27 |
Closing
down the Leased Property for ninety (90) consecutive days without a reason
acceptable to the DM |
2,000.00 |
|
28 |
Violating
the resolutions issued by the DM |
200.00 |
©2020
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.