Law
No. (7) of 2017
Establishing
the
UAE
Food Bank Foundation[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler
of Dubai,
After perusal of:
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. (9) of 2015 Regulating the Raising of Donations in the Emirate of Dubai; and
The
Order of 1961 Establishing the Dubai Municipality,
Do
hereby issue this Law.
This
Law will be cited as “Law No. (7) of 2017 Establishing the UAE Food Bank
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. |
|
MBRGI: |
The
Mohammed bin Rashid Al Maktoum Global Initiatives Foundation. |
|
Food Bank: |
The
UAE Food Bank. |
|
FBF: |
The
UAE Food Bank Foundation. |
|
President: |
The
president of the FBF. |
|
Board of Trustees: |
The
board of trustees of the FBF. |
|
Executive Director: |
The
executive director of the FBF. |
Pursuant
to this Law, the following are established in the Emirate:
a. a
food bank named the “UAE Food Bank”; and
b. a
public foundation named the “UAE Food Bank Foundation”, which will be
responsible for supervising the Food Bank; 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 Food Bank. The FBF is hereby deemed a
Concerned Entity, as defined by the above-mentioned Law No. (33) of 2015.
The
head office of the FBF will be located in the city of Dubai. Other branches of
the FBF may be established within and outside of the Emirate pursuant to a
resolution of the Board of Trustees.
The
Food Bank aims to achieve the following:
1.
to support the general orientation
and policies of the UAE and the Emirate in preserving the environment by
reducing, redistributing,
recycling, and reusing food
waste;
2.
to raise awareness of members and
various segments of the community on the importance of conserving food
sources, and to
improve
the culture of food consumption in the UAE through awareness programmes and
initiatives on all matters related to rationalising the consumption of food and
reducing food surplus and food waste;
3.
to participate in promoting social
responsibility and volunteer work
in the field of charitable and philanthropic activities;
and
4.
to ensure optimum use of food
surplus by redistributing the food that is fit for consumption to eligible entities and segments
of society within and outside of the UAE in accordance with
the highest international quality and safety standards, or by recycling food
scraps that are not fit for consumption by using them in beneficial industries, such as energy
and other industries, and in producing useful materials,
including fertilisers and the
like.
The
FBF will supervise the Food Bank, and will exercise all the duties and powers
required for the achievement of the objectives of the Food Bank. For these
purposes, the FBF may:
1.
devise,
and follow
up the implementation of, the general policy and strategic plans required for
the achievement of the objectives of the Food Bank;
2.
propose
and review legislation that would
enhance and encourage the contribution of
the public and private sectors in fields related to the work of the Food Bank;
3.
provide the technical consultation
and services, and conduct the required
studies and research, related to
recycling food scraps that are not fit for consumption,
in cooperation with the Concerned Entities and organisations within and outside
of the UAE;
4.
ensure that food surplus is
distributed within and outside of the UAE by adopting the initiatives
and projects required in this respect;
5.
operate the Food Bank and its
various branches, and promote the Food Bank locally, regionally, and
internationally;
6.
develop policies, rules,
requirements, processes,
and standards for determining sites where food storage facilities will
be located; manage volunteers as
well as entities providing food; distribute food within and
outside of the UAE; and perform any other activity required for achieving the
objectives of the Food Bank;
7.
organise,
or participate in organising,
conferences, exhibitions, seminars, training courses, programmes, and workshops
that are relevant
to the objectives of the Food Bank;
8.
issue, in coordination with
Concerned Entities, the reports, printed material, and
publications that are relevant to the objectives of the Food Bank;
9.
devise a framework for coordination
and cooperation with individuals and government, private, civil-society, regional,
and international entities
by entering into partnerships, agreements, and memoranda of understanding and
cooperation as
required to enable the FBF to achieve the objectives of the Food Bank;
10. organise
events, awareness campaigns, and activities that promote food donation,
food consumption
rationalisation, and food surplus and waste reduction;
and any other events and campaigns that are relevant to the objectives of the
Food Bank;
11. represent
the Food Bank outside of the UAE; and promote its vision, mission,
plans, and strategic initiatives;
12. 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 Food Bank;
13. establish
or contribute to establishing, within and outside of the UAE, corporations,
companies, and projects that are relevant
to the objectives of the Food Bank;
14. raise
cash and in-kind Donations as required for the achievement of the objectives of
the Food Bank, in accordance with the relevant legislation in force; and
15. exercise
any other duties or powers required to enable the FBF to achieve
the objectives of the Food Bank.
The
FBF will have the following organisational levels:
1.
the
President;
2.
the Board of Trustees; and
3.
the executive body.
a. A President will be appointed
to the FBF pursuant to a decree of the Ruler.
b. The President will have the
duties and powers to:
1.
approve
the general policy and strategic and
development plans of the FBF;
2. approve financial approval powers at the FBF; open, close, and
withdraw from bank accounts; and obtain loans in the name of the FBF, in
accordance with the legislation in force in the Emirate;
3. supervise and follow up performance
by the Board of Trustees of the functions assigned to it under this Law and the
resolutions issued in pursuance hereof; and
4. perform any other duties assigned to
him by the Ruler.
c. The President may delegate
any of the powers vested in him under paragraph (b) of this Article to the vice
chairman, or any other member, of the Board of Trustees, provided that this
delegation is specific and in writing.
The
FBF will have a Board of Trustees comprised of the President as chairman, a
vice chairman, and a number of experienced and specialised members, appointed
pursuant to a decree of the Ruler for a renewable term of three (3) years.
a. The
Board of Trustees will convene at the invitation of its
chairman, or vice chairman if the chairman is absent, at least four (4) times
every 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.
b. 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.
c. Resolutions
and recommendations of the Board of Trustees 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 Trustees by the Executive
Director. The rapporteur will be responsible for sending meeting invitations to
members of the Board of Trustees, preparing meeting agendas, recording minutes
of meetings, following up the implementation of the Board of Trustees
resolutions and recommendations, and performing any other duties assigned to him
by the Board of Trustees or the Executive Director.
e. The
Board of Trustees 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 Trustees.
f. In
the event of absence of the chairman of the Board of Trustees or in case of any
other impediment on his part, the vice chairman of the Board of Trustees will
act as the chairman and will exercise all the duties assigned to the chairman
under this Law and the resolutions issued in pursuance hereof.
a.
The Board of Trustees will undertake
general supervision of the work of the FBF and the performance of its functions
under this Law and the resolutions issued in pursuance hereof. For this
purpose, the Board of Trustees will have the duties and powers to:
1. approve the general policy and
strategic and development plans of the FBF, and supervise implementation of the
same after their approval;
2. approve the draft annual budget and Financial
Statements of the FBF, and submit the same to the competent entities for final
approval;
3. approve the organisational structure
of the FBF;
4. approve the resolutions regulating
the administrative, financial, technical, and contractual affairs of the FBF,
including the human resources regulations; and the rules, requirements, processes, and standards related to managing
volunteers, food storage
facilities, establishments
and entities providing food, and any other relevant
matters;
5. approve, and supervise the
implementation of, the projects, initiatives, activities, programmes, and
awareness campaigns that contribute to the achievement of the objectives of the
Food Bank in line with the approved general policy and strategic plans;
6. appoint auditors and determine their
remuneration at the beginning of each Financial Year;
7. review the work plans and programmes
of the FBF, and assess the implementation of the same on an annual basis;
8. approve partnerships or agreements
with various entities;
9. assess and follow up the performance
of the executive body of the FBF, and ensure that it achieves the objectives of
the Food Bank and complies with the adopted
general policy;
10. review the performance reports
submitted by the Executive Director and take the necessary action in this
respect;
11. approve the investment and financing
plans and programmes required for the achievement of the objectives of the Food
Bank;
12. approve the annual report of the
FBF, and submit the same to the Ruler;
13. form permanent and temporary
sub-committees and work teams; and determine their duties, functions, and terms
of reference;
14. approve the methods of investing the
property of the FBF, and set the procedures and rules required to benefit from
returns on investment in the fields and projects approved by the FBF; and
15. perform any other duties required
for the achievement of the objectives of the Food Bank.
b.
The Board of Trustees may delegate
any of its powers under paragraph (a) of this Article to a committee comprised
of members of the Board of Trustees, to any of its members, or to the Executive
Director, provided that such delegation is specific and in writing.
a. The
FBF will have an executive body comprised of the Executive Director and a
number of administrative, finance, and technical employees.
b. The
executive body of the FBF will be responsible for the operational work of the
FBF, and for following up the implementation of the resolutions issued by the
President and the Board of Trustees.
c. The
procedures and terms of appointment, and all employment rights and duties, of
the employees of the executive body of the FBF will be determined pursuant to
the relevant human resources regulations approved under a resolution of the
Board of Trustees.
a. The
Executive Director will be appointed pursuant to a resolution of the President.
b. The
Executive Director will be responsible to the Board of Trustees for performing
the duties assigned to him under this Law, and the resolutions, regulations,
and bylaws adopted by the FBF.
c. The
Executive Director will have the duties and powers to:
1.
propose the general policy and
strategic and development plans of the FBF, submit the same to the Board of
Trustees for approval, and follow up their implementation;
2.
set, and supervise
the implementation of, the operational plans of the FBF;
3.
propose the draft annual budget and Financial
Statements of the FBF, and submit the same to the Board of Trustees for
approval;
4.
prepare the organisational structure
of the FBF, and submit the same to the Board of Trustees for approval;
5.
draft the resolutions regulating the
administrative, financial, technical, contractual, and human resources
affairs of the FBF;
and submit the same to the Board of Trustees for approval;
6.
develop the policies, rules,
requirements, and standards required to enable the FBF to perform the functions
assigned to it, including the rules for managing volunteers, food storage facilities,
and establishments and entities providing food; submit the same to the Board
of Trustees for approval;
and follow up their implementation;
7.
appoint consultants and specialists
in areas related to the activities of the FBF and determine their remuneration;
8.
supervise the daily work of the
executive body of the FBF;
9.
propose the projects, initiatives,
activities, programmes, and awareness campaigns that contribute to the
achievement of the objectives of the Food Bank in line with the approved general
policy and strategic plans; submit the same to the Board of Trustees for
approval;
and follow up their implementation;
10.
prepare an
annual report on the achievements and activities of the FBF, and submit the
same to the Board of Trustees for approval;
11.
represent the FBF before third
parties, and conclude the contracts and agreements required for the achievement
of the objectives of the Food Bank;
12.
achieve the performance outcomes
required from the FBF executive body, and submit performance reports to the
Board of Trustees;
13.
propose the investment and financing
plans and programmes required for the achievement of the objectives of the Food
Bank, and submit the same to the Board of Trustees for approval; and
14.
exercise any other duties or powers
assigned or delegated to him by the Board of Trustees.
The
Dubai Municipality will establish, operate, and finance the Food Bank and
its branches and facilities. It will also provide
it with all required devices,
systems, programmes, and equipment,
in accordance with the best relevant internationally recognised specifications.
The
financial resources of the FBF will consist of:
1.
movable
and immovable property allocated to the FBF by the Government;
2.
proceeds and profits generated from
renting the property of the FBF or from investing the same in any other way;
3.
grants, gifts, bequests, endowments,
and endowment proceeds; and
4.
any other financial resources
approved by the Board of Trustees.
a. In
managing its accounts and records, the FBF will apply the rules and principles
of government accounting.
b. The
Financial Year of the FBF 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 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 15 April 2017
Corresponding to 18
Rajab 1438 A.H.
©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.