Law
No. (14) of 2016
Establishing
the
Mohammed
bin Rashid Al Maktoum Library[1]
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We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law No. (22) of 2015 Regulating Partnership between the
Public Sector and the Private Sector in the Emirate of Dubai;
Law No. (33) of 2015 Establishing the Mohammed bin Rashid Al
Maktoum Global Initiatives Foundation;
Law No. (1) of 2016 Concerning the Financial Regulations of
the Government of Dubai;
Decree No. (41) of 2015 Forming the Board of Trustees of the
Mohammed bin Rashid Al Maktoum Global Initiatives Foundation; and
The Order of 1961 Establishing the Dubai Municipality,
Do
hereby issue this Law.
This
Law will be cited as “Law No. (14) of 2016 Establishing the Mohammed bin Rashid
Al Maktoum Library”.
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. |
|
MBRGI: |
The Mohammed bin Rashid Al Maktoum Global
Initiatives Foundation. |
|
MBRL: |
The Mohammed bin Rashid Al Maktoum Library. |
|
MBRLF: |
The Mohammed bin Rashid Al Maktoum Library
Foundation. |
|
Board of Directors: |
The board of directors of the MBRLF. |
|
Chairman: |
The chairman of the Board of Directors. |
|
CEO: |
The chief executive officer of the MBRLF. |
Pursuant
to this Law, the following are established in the Emirate:
a.
a library named the “Mohammed bin
Rashid Al Maktoum Library”; and
b.
a public foundation named the
“Mohammed bin Rashid Al Maktoum Library Foundation”, which will be responsible
for supervising the MBRL; and will have legal personality, and the legal
capacity required to undertake the acts and dispositions that ensure the
achievement of the objectives of the MBRL. The MBRLF is hereby deemed a
Concerned Entity, as defined by the above-mentioned Law No. (33) of 2015.
The
head office of the MBRLF will be located in the city of Dubai. Other branches
of the MBRLF may be established within and outside of the Emirate pursuant to a
resolution of the Board of Directors.
The
MBRL will have the following objectives:
1.
to support and enhance the UAE
overall strategy for the cultural and knowledge sectors;
2.
to promote knowledge culture in the
Arab world by developing a knowledge, academic, and cultural hub in accordance
with the best international experiences and practices;
3.
to provide print, audio, visual, and
electronic resources of the MBRL; and to make the same accessible to all
peoples of the world;
4.
to instil the passion for knowledge,
culture, and learning in children and future generations;
5.
to provide a platform for literary writers,
intellectuals, translators, and researchers of various nationalities and
cultures from around the world; and
6.
to contribute to the Arabic language
preservation and enrichment, and to promote the intellectual production and the
Arabic and translated literary works of authors, literary writers, and
promising amateur writers in all fields of science and arts.
The
MBRLF will undertake the general supervision of the MBRL and will exercise the
duties and powers required to achieve the objectives of the MBRL. In
particular, the MBRLF will have the duties and powers to:
1.
devise, and follow up the
implementation of, the general policy and strategic plans required for the
achievement of the objectives of the MBRL;
2.
devise comprehensive strategic plans
to implement the cultural and knowledge vision of the MBRL, and raise the
community awareness of that vision at the local, Arab, and international
levels;
3.
operate the MBRL and its various
facilities; and promote it locally, regionally, and internationally;
4.
devise means to develop and disseminate
content knowledge;
5.
coordinate with Government Entities,
and with regional and international entities, in all areas related to the work
of the MBRLF;
6.
hold and participate in conferences,
seminars, exhibitions, and workshops, and issue periodic reports, in
cooperation with the Concerned Entities and with regional and international
organisations in fields related to the work of the MBRLF;
7.
organise cultural campaigns,
festivals, events, and activities that promote reading and the culture of
learning; and enrich knowledge at the local, Arab, and international levels;
8.
develop a regional and international
cooperation network for knowledge dissemination and community education,
through concluding the contracts, agreements, and memoranda of understanding required
to enable the MBRLF to achieve the objectives of the MBRL;
9.
contribute to the preservation and
documentation of the national cultural heritage and provide means to explore
the same, through participating in activities, festivals, and events related to
preserving that heritage and ensuring its sustainability;
10. support
the authorship and translation movement in the Arab world with a view to
enriching content knowledge; and facilitate the transfer of knowledge among the
cultures of all peoples, by positioning the MBRL as an authorship, translation,
research, and arts hub;
11. own,
and take lease of, movable and immovable property; and hold material and moral
rights, as required for the achievement of the objectives of the MBRL;
12. manage
the cultural and knowledge initiatives launched by the MBRLF or assigned to it
by the Ruler or the Board of Directors;
13. establish
corporations and companies; hold shares in companies and projects; and engage
in the areas, that are related to the objectives of the MBRL;
14. represent
the MBRL outside of the UAE, and promote its vision, mission, plans and
strategic initiatives; and
15. exercise
any other duties or powers required for enabling the MBRLF to achieve the MBRL
objectives stipulated in this Law.
The
MBRLF will have the following organisational levels:
1.
the Board of Directors;
2.
the CEO; and
3.
the executive body.
The
MBRLF will have a Board of Directors comprised of at least seven (7) experienced
and specialised members, including a Chairman and a vice chairman, appointed
pursuant to a decree of the Ruler for a renewable term of three (3) years.
a.
The Board of Directors will convene
at the invitation of the Chairman, or the vice chairman if the Chairman is
absent, at least four (4) times every year and where necessary. 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.
b.
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.
c.
Resolutions of the Board of
Directors will be recorded in minutes signed by the chair of the meeting and
attending members.
d.
A rapporteur will be appointed to
the Board of Directors by the Chairman. The rapporteur will be responsible for
sending meeting invitations to members of the Board of Directors, preparing
meeting agendas, recording minutes of meetings, following up the implementation
of the Board of Directors resolutions and recommendations, and performing any
other duties assigned to him by the Chairman.
e.
The Board of Directors may invite
experts and specialists, as it deems appropriate, to attend its meetings. These
experts and specialists will not have a vote in the deliberations of the Board
of Directors.
f.
The Board of Directors may form
permanent or temporary sub-committees and work teams to assist it in performing
its duties. A resolution forming any of these sub-committees and work teams
will determine its duties, powers, and tenure.
g.
In the event of absence of the
Chairman or in case of any other impediment on his part, the vice chairman of
the Board of Directors will act as the Chairman and will exercise all the duties
assigned to the Chairman under this Law and the resolutions issued in pursuance
thereof.
a.
The Chairman is hereby appointed as
a member of the Board of Trustees of the MBRGI. The Chairman will ensure
alignment of the objectives of the MBRL with the general vision of the MBRGI
and the strategic framework of its objectives.
b.
The Chairman will have the duties
and powers to:
1. approve the organisational structure
of the MBRLF;
2. approve the resolutions regulating
the administrative, financial, and technical work of the MBRLF, including
financial, contractual, and human resources regulations, bylaws, and policies;
3. approve the terms of reference of
the Board of Directors;
4. supervise and follow up performance
by the Board of Directors of the functions assigned to it under this Law and
the resolutions issued in pursuance hereof;
5. approve, in accordance with the
legislation in force, the financial approval powers at the MBRLF; open, close,
and withdraw from bank accounts; and obtain loans in the name of the MBRLF; and
6. perform any other duties assigned to
him by the Ruler.
c.
The Chairman may delegate any of the
powers vested in him pursuant to paragraph (b) of this Article to any members
of the Board of Directors, provided that such delegation is specific and in
writing.
a.
The Board of Directors will
undertake the general supervision of the work of the MBRLF, and ensure that it
exercises the functions assigned to it under this Law. In particular, the Board
of Directors will have the duties and powers to:
1. approve,
and supervise the implementation
of, the general policy and the strategic, development, and operational plans of
the MBRLF;
2. approve the draft annual budget and
Financial Statements of the MBRLF, and submit the same to competent entities
for final approval;
3. propose fees and charges for the
services provided by the MBRLF, and submit the same to competent entities for
approval;
4. approve, and supervise the
implementation of, the projects, initiatives, activities, and programmes that
contribute to the achievement of the objectives of the MBRL;
5. appoint consultants and specialists
in areas related to the activities of the MBRLF and determine their
remuneration;
6. appoint auditors and determine their
remuneration at the beginning of each Financial Year;
7. review the work plans and programmes
of the MBRLF, and assess the implementation of the same on an annual basis;
8. propose the legislation required to
enable the MBRLF to achieve the objectives of the MBRL;
9. assess and follow up the performance
of the executive body of the MBRLF, and ensure that it achieves the objectives
of the MBRL and complies with the adopted general policy;
10. review, and make the necessary
comments on, the performance reports submitted by the CEO;
11. supervise the development of
financing plans and programmes, and manage the resources required to achieve
the objectives of the MBRL; and
12. exercise any other duties or powers
required to enable the Board of Directors to achieve the objectives of the
MBRL.
b.
The Board of Directors may delegate
any of its powers under paragraph (a) of this Article to a committee comprised
of members of the Board of Directors, to any of its members, or to the CEO,
provided that such delegation is specific and in writing.
a.
The MBRLF will have an executive
body comprised of the CEO and a number of administrative, finance, and
technical employees.
b.
The executive body of the MBRLF will
be responsible for the operational work of the MBRLF, and for following up the
implementation of the resolutions issued by the Board of Directors.
c.
The procedures and terms of
appointment, and all employment rights and duties, of the employees of the
executive body of the MBRLF will be determined pursuant to the human resources
bylaws approved pursuant to the relevant resolution of the Chairman.
a. The
CEO will be appointed pursuant to a resolution of the Chairman.
b. The
CEO will be responsible to the Board of Directors for performing the duties
assigned to him pursuant to this Law and the resolutions, regulations, and
bylaws adopted by the MBRLF; and for performing the duties assigned to him by
the Board of Directors.
c. The
CEO will have the duties and powers to:
1. propose
the general policy and the strategic, development, and operational plans of the
MBRLF, and submit the same to the Board of Directors for approval;
2. implement
the adopted general policy, and the strategic and operational plans, of the
MBRLF; and the resolutions issued by the Board of Directors;
3. prepare
the draft annual budget and Financial Statements of the MBRLF, and submit the
same to the Board of Directors for approval;
4. prepare
the organisational structure of the MBRLF and draft the resolutions and bylaws
regulating the administrative, financial, technical, contractual, and human
resources affairs of the MBRLF; and submit the same to the Chairman for
approval;
5. supervise
the daily work of the executive body of the MBRLF, and appoint competent and
specialised employees;
6. propose
the projects, programmes, and initiatives of the MBRLF; submit the same to the
Board of Directors for approval; and supervise the implementation of these
projects, programmes, and initiatives;
7. prepare
the annual report on the achievements and activities of the MBRLF, and submit
the same to the Board of Directors for approval;
8. represent
the MBRLF before third parties, and conclude the contracts and agreements required
for the achievement of the objectives of the MBRL;
9. achieve
the performance outcomes required from the MBRLF executive body, and submit
performance reports to the Board of Directors;
10. propose
fees and charges for the services provided by the MBRLF, and submit the same to
the Board of Directors for approval;
11. perform
all the duties assigned to him pursuant to the applicable bylaws of the MBRLF;
and
12. exercise
any other duties or powers assigned or delegated to him by Board of Directors.
Pursuant
to this Law, the following initiatives are affiliated to the MBRLF:
1.
the Arab Reading Challenge;
2.
the Mohammed bin Rashid Award for
Arabic Language;
3.
the Mohammad bin Rashid Contemporary
Arabic Language Dictionary; and
4.
the Arabic Language International
Council Head Office.
The
Dubai Municipality will construct the building and facilities of the MBRL;
finance all the main activities of the MBRL and the initiatives affiliated to the
MBRLF, as referred to Article (14) of this Law; provide the MBRL with all the
equipment and devices required for its operation; and hand the building and
facilities over to the MBRLF, in accordance with the best relevant
internationally recognised specifications.
The
financial resources of the MBRLF will consist of:
1.
movable and immovable property
allocated to the MBRLF by the Government;
2.
fees and charges for the services
provided by the MBRLF;
3.
returns on the investment of the
property of the MBRLF;
4.
grants, gifts, bequests, endowments,
and endowment proceeds; and
5.
any other resources approved by the
Board of Directors.
a.
In regulating its accounts and
records, the MBRLF will apply the rules and principles of government
accounting.
b.
The Financial Year of the MBRLF 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
Chairman 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 1 November 2016
Corresponding to 1 Safar 1438 A.H.
©2019 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.