Decree
No. (27) of 2018
Establishing
the
Dubai
Central Paramilitary Grievances Committee and
Approving
its Terms of Reference[1]
ــــــــــــــــــــــــــــــــــــــ
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law No. (5) of 1995 Establishing the Department of Finance;
Law No. (6) of 2012 Concerning Management of the Human
Resources of Local Paramilitary Personnel in the Emirate of Dubai and its
amendments;
Law No. (1) of 2016 Concerning the Financial Regulations of
the Government of Dubai;
Decree No. (29) of 2013 Appointing the Deputy Chief of
Police and General Security in the Emirate of Dubai;
Resolution No. (19) of 2013 Approving the Line of Command
Structure of Paramilitary Departments of the Government of Dubai;
Resolution No. (1) of 2016 Concerning the Dubai Paramilitary
Human Resources Committee; and
Resolution No. (1) of 2017 Approving the Internal Bylaw of
the Dubai Paramilitary Human Resources Committee,
Do hereby issue this
Decree.
The following words and
expressions, wherever mentioned in this Decree, will have the meaning indicated
opposite each of them unless the context implies otherwise:
|
Emirate: |
The Emirate of Dubai. |
|
Ruler: |
His Highness the Ruler of Dubai. |
|
Chief: |
The Chief of Police and General
Security in the Emirate. |
|
Deputy Chief: |
The Deputy Chief of Police and
General Security in the Emirate appointed pursuant to the above-mentioned
Decree No. (29) of 2013. |
|
Law: |
Law No. (6) of 2012 Concerning
Management of the Human Resources of Local Paramilitary Personnel in the
Emirate of Dubai and its amendments or any superseding legislation. |
|
Department: |
Any paramilitary or civilian
entity to which the provisions of the Law apply. |
|
DCPGC: |
The Dubai Central Paramilitary
Grievances Committee established pursuant to this Decree. |
|
GCC: |
The committee formed within a
Department to consider the Grievances and complaints filed by the
Department's Staff Members pursuant to the Law. |
|
Grievance: |
A written objection filed with the
DCPGC by a Staff Member in respect of a decision issued against him. |
|
General Secretariat: |
The general secretariat of the
Dubai Paramilitary Human Resources Committee. |
|
Staff Member: |
A male or female person who
occupies a budgeted post in a Department and holds a paramilitary rank. |
|
Grievant: |
A Staff Member who files a
Grievance with the DCPGC in accordance with the provisions of this Decree. |
a.
The provisions of this Decree will
apply to all local Staff Members working in a Department.
b.
Grievances submitted by the Staff
Members serving in the State Security Authority in Dubai will be considered by
a special tribunal formed pursuant to a relevant resolution issued by the
Ruler.
c.
The special tribunal referred to in
paragraph (b) of this Article will apply the provisions of this Decree to the
Grievances filed with it. The special tribunal must determine the entity that
will provide it with administrative support.
a.
An independent permanent committee named the "Dubai Central Paramilitary
Grievances Committee"
is hereby established. The DCPGC is hereby affiliated to and supervised by the
Deputy Chief.
b.
The DCPGC will be comprised of a chairman, a vice chairman, and no more than
seven (7) members, who
are experienced and specialised in legal and human resources fields. Members of
the DCPGC will be appointed and their remuneration determined pursuant to a
resolution of the Chief or his authorised representative.
The DCPGC aims to:
1.
give Staff Members the opportunity
to submit Grievances in respect of the final administrative decisions that are
issued by the DCPGC and that affect their legal and professional standing;
2.
ensure that justice, job
satisfaction, and job stability are achieved for Staff Members; and
3.
ensure proper implementation of, and
full compliance with, the Law and the legislation issued in pursuance thereof.
a. The DCPGC will
have the jurisdiction to:
1.
consider and determine the
Grievances filed with it by Staff Members in accordance with the rules and
procedures, and within the time frames, prescribed by this Decree;
2.
admit Grievances submitted by Staff
Members where their Department fails to take any action or make any decision
that is required under the Law and other applicable legislation; and consider
and determine such Grievances, provided that the Grievant proves such a failure
by the Department; and
3.
consider and determine all matters
relating to Grievances that are referred to it by the Chief or the Deputy
Chief.
b. The DCPGC will
not have the jurisdiction to consider Grievances related to working hours, discretionary promotions, posts, salaries, allowances, or bonuses.
c. The DCPGC will
not have the jurisdiction to consider Grievances being heard by a judicial
authority, or those in respect of which definitive judgments have been issued.
a.
The chairman of the DCPGC will supervise its
work. For this purpose, the chairman will have the authority to:
1.
chair and manage meetings of the
DCPGC in a manner that enables members to effectively participate in, and
express their opinions during, these meetings;
2.
submit reports to the Deputy Chief
on the activities, performance, and achievements of the DCPGC;
3.
represent the DCPGC before third parties;
4.
verify compliance by the DCPGC and
its members with the relevant approved performance indicators; and
5.
perform any other duties assigned to
him by the Chief or the Deputy Chief.
b.
The vice chairman of the DCPGC will exercise the powers vested in the chairman
under this Decree and
the resolutions issued in pursuance hereof, where the chairman is absent or
becomes incapable of performing his duties.
A
DCPGC member must:
1.
attend all meetings of the DCPGC and
not miss any of them unless he has a valid reason;
2.
effectively participate in
considering and reviewing the Grievances filed with the DCPGC, upholding
impartiality and justice; and give opinion thereon;
3.
perform any other duties assigned to
him by the chairman of the DCPGC, and which fall within the DCPGC jurisdiction;
4.
achieve the relevant approved
performance indicators; and
5.
perform any other duties assigned to
him by the chairman of the DCPGC.
The
General Secretariat will provide administrative and technical support to the
DCPGC and its members, and will follow up the implementation of the decisions
issued by the DCPGC.
a.
The limitation
period for filing a Grievance will be ten (10) working days from the date on
which the Grievant is notified in writing of the decision of the DCPGC, or
sixty (60) days from the date of submitting a Grievance to the DCPGC without
being determined.
b.
The DCPGC may not admit a Grievance
filed after the lapse of the limitation period referred to in paragraph (a) of
this Article without a valid reason acceptable to the DCPGC.
To be admitted by the DCPGC, a Grievance must be based on one or more of the following
grounds:
1.
lack of jurisdiction;
2.
conflict between the contested
decision and the legislation in force in the Emirate, or misinterpretation or misapplication
thereof;
3.
non-compliance with the key
procedures prescribed by the legislation in force upon issuing the contested
decision;
4.
the contested decision involving
abuse of power or deviation from the objective of achieving public interest;
and/or
5.
the contested decision having been
made based on illegal grounds.
a. A Grievance will be submitted to the DCPGC in accordance with the
procedures it adopts in this respect. The
Grievance file must include the following information:
1.
name, capacity, designation, address,
and contact details of the Grievant;
2.
name and address of the respondent
Department;
3.
the contested decision and its date
of issuance;
4.
grounds for the Grievance
accompanied by the supporting documents;
5.
requests of the Grievant; and
6.
names of any witnesses relied upon by the Grievant to corroborate
his Grievance.
b. The DCPGC will admit the copies of evidential written documents
submitted together with the Grievance. With respect to the documents, records,
and files that are retained by the respondent Department or which may not be
divulged or delivered to the concerned parties, it is sufficient to clearly and
specifically refer to them.
c. The General Secretariat will record the Grievance on the register
maintained for this purpose; and will deliver to the Grievant a receipt proving
his submission of the Grievance, in which the number and date of registration
will be noted.
d. The General
Secretariat will prepare the Grievance file containing all the papers,
documents, and information submitted by the Grievant.
e. The Grievant may,
upon filing the Grievance with the DCPGC, request to add any new supporting details
or information to the Grievance file.
a. The General Secretariat will notify the respondent Department of the
Grievance filed against it, and serve it with a copy of the Grievance, along
with the accompanying papers and documents submitted by the Grievant, within
five (5) working days from the date of its submission to the DCPGC.
b. The respondent Department must respond to the notification referred to
in paragraph (a) of this Article within ten (10) working days from the date of
being notified thereof. The said period is renewable once for the same period
upon a decision from the chairman of the DCPGC. Where the respondent Department
fails to respond within the said period, the DCPGC may consider the Grievance
in accordance with the procedures prescribed by this Decree.
c. The General
Secretariat will refer the Grievance together with the response thereto, or evidence
of no response by the respondent
Department, to the DCPGC chairman who will in turn refer the Grievance to the
DCPGC for consideration at a hearing he schedules.
d. If the DCPGC deems it necessary that one of the parties to the Grievance
appear before it, he must be notified of the scheduled date of the hearing at least two (2) working days
before that date. Where the summoned party has a valid reason for not appearing
before the DCPGC, his written response may be admissible pursuant to a
resolution of the DCPGC chairman.
e. The summons and
notifications referred to in this Decree will be served in person against
signature in confirmation of receipt; by a registered letter with
acknowledgement of receipt; by email; by fax; or by any other means of
communication approved by the DCPGC.
The
DCPGC may decide that a Grievance is inadmissible in form before considering its
merits where it is established that the DCPGC lacks jurisdiction over the
Grievance under this Decree; that the limitation period prescribed for filing the Grievance with the DCPGC has lapsed; or that the DCPGC
has previously determined the subject matter of such a Grievance. The decision
of the DCPGC in this respect will be final.
a. A Grievant must, upon request, appear before the DCPGC in person. Where
his personal presence is
required by the DCPGC, he may authorise another person to represent him
pursuant to a notarised power of attorney to be filed prior to the scheduled
hearing.
b. The respondent
Department must assign, upon the request of the DCPGC, any of its competent employees, or whomever it deems appropriate, to represent it before the
DCPGC to state the Department’s case, present its defence, and submit
supporting evidence and documents.
a. The DCPGC may, in the event of failure by any of the parties to a
Grievance to appear at a hearing after being notified of its date as stated in
Article (12) of this Decree, proceed with considering and determining the
Grievance.
b. The DCPGC may dismiss the Grievance if the Grievant fails to appear at
the hearing after being notified of the date of the hearing, or to comply with
any of the DCPGC requirements, without an acceptable reason.
a. The DCPGC may not provisionally dismiss or indefinitely adjourn any
previously admitted Grievance.
b. If it is established to the satisfaction of the DCPGC, in the course of
considering a Grievance, that its subject matter relates to a criminal offence,
the chairman of the DCPGC must notify the respondent Department
of this fact in order for the Department to take the necessary legal action in
this regard. In this case, the chairman of the DCPGC may decide to proceed with
considering the Grievance or to stay the proceedings until the criminal case is
determined.
c. Grievance proceedings may, subject to the agreement of both parties, be
stayed or provisionally adjourned for a
period not exceeding three (3) months from the date of endorsement of this agreement by the DCPGC. During this period, neither party may request to expedite these proceedings without the
consent of the other party. Where the Grievant fails to request the resumption
of the Grievance proceedings within one (1) week after the lapse of the agreed
stay or adjournment period, the Grievance will be deemed dropped, and the
Grievant may not file the same Grievance again.
d. Where Grievance
proceedings are stayed or adjourned pursuant to this Article and cannot be
resumed for any reason whatsoever, the Grievance will be indefinitely
dismissed.
a. For the purpose of considering and determining Grievances pursuant to
this Decree, the DCPGC will
have the authority to:
1.
hear the statements of the parties
to the Grievance, consider any supporting documents, admit presented evidence,
and weigh and assess its relevance to the subject matter of the Grievance;
2.
conduct inspections or supplementary
investigations; require the submission of necessary documents; and peruse and
examine the same whether by itself or by any other person appointed by it for
this purpose;
3.
summon any of the Employees or Staff
Members of the respondent Department to appear at its hearings;
4.
summon witnesses, as it deems
appropriate, to hear their statements, whether on its own initiative or upon
the request of any party to the Grievance; and overrule any questions posed to
the witnesses that are irrelevant to the subject matter of the Grievance; and
5.
seek assistance from the experts and
specialists it deems appropriate, provided that they do not have a vote during
its deliberations.
b. The DCPGC may, pursuant to a resolution of its chairman, assign part of
its investigations to the concerned entities in the Emirate to assist the DCPGC
in performing its duties.
c. The DCPGC may not, without a valid reason, exclude or omit any evidence
or documents submitted by the parties to the Grievance, and that may influence
the DCPGC decision.
d. The DCPGC may
not accept any evidence that is illegal, that conflicts with public order or
morals, or that violates any rights or freedoms.
a. The DCPGC will be convened, where necessary, at the invitation of its
chairman, or vice chairman where
the chairman is absent. The DCPGC meetings will be valid if attended by the
majority of its members, provided that the DCPGC chairman or vice chairman is
in attendance.
b. The DCPGC hearings will
be held in camera. However, the chairman of the DCPGC may permit any person involved in the Grievance to attend.
c. The General
Secretariat will be responsible for sending invitations for the DCPGC hearings,
preparing minutes of its hearings, and following up the implementation of its
decisions. The General Secretariat will also perform the work assigned to it by
the DCPGC chairman.
a.
The DCPGC will issue its decisions
unanimously, or by majority vote of attending members, and in the event of a
tie, the chair of the hearing will have a casting vote.
b.
The decisions of the DCPGC must be
reasoned.
c.
The DCPGC will issue its final
decision on any Grievance no later than sixty (60) days from the date of its referral
thereto. The chairman of the DCPGC may, where required, extend this time frame
for the same period, provided that the total extension period does not exceed
six (6) months.
d.
A DCPGC member objecting to the
majority's decision may record his objection in writing as part of the text of
the decision.
e.
A member of the DCPGC may not vote
on any its decisions or participate in its deliberations or discussions
relating to a Grievance, where he is a representative of the respondent
Department, or where the Grievant is any of his relatives up to the fourth
degree, or where he has previously given his opinion on the subject matter of
the Grievance.
f.
Decisions of the DCPGC will be
recorded in minutes signed by the chairs of the hearings and the attending
members.
g.
The DCPGC will issue its decisions
on procedural matters in writing. These decisions must include the grounds on
which they are based and must be signed by the chairs of the hearing and the
attending members.
h.
The DCPGC must, on its own
initiative or upon the request of any party to the Grievance, correct any
material errors in its decision. In the event of ambiguity in any of the DCPGC decisions,
either of the parties to the Grievance will be entitled to request the DCPGC to
clarify this ambiguity, in which case, the DCPGC may issue the appropriate
decision in this respect.
The
General Secretariat must notify parties to the Grievance of the decision issued
by the DCPGC within five (5) working days from the date of its issuance.
The
decisions issued by the DCPGC on any Grievance filed with it, whether
concerning form or merits, will be irrevocable and non-appealable by any method
of administrative review. The DCPGC decisions will be binding on the Grievants
and respondent Departments, without prejudice to the Grievants’ right to
recourse to courts to appeal contested decisions.
a.
Where a DCPGC decision requires a
respondent Department to withdraw its contested decision, all legal and
administrative actions and measures taken under the contested decision will be
deemed cancelled as from the date of issuance of that contested decision.
b.
Where a DCPGC decision requires a
respondent Department to fully or partially cancel a contested decision, all
legal and administrative actions and measures taken under this decision will be
deemed cancelled as from the date of issuance of the DCPGC decision.
c.
The respondent Department must
implement the decision of the DCPGC within ten (10) working days from the date
of being notified thereof; notify the DCPGC of the actions it has taken in this
respect; and provide the DCPGC
with the documents it may request to verify compliance with the DCPGC decision.
a. A Grievant may
request the DCPGC to temporarily stay the implementation of a contested
decision pending the determination of the Grievance. For this request to be
granted, the following requirements must be satisfied:
1.
the request for stay of
implementation of the contested decision must be accompanied by a request for
its withdrawal or cancellation;
2.
the decision in respect of which a
stay of implementation is requested must not have been already implemented;
3.
the request must be based on valid and
factual grounds; and
4.
the implementation of the contested
decision must be expected to result in irremediable consequences.
b. The chairman of
the DCPGC may determine the request referred in paragraph (a) of this Article within three (3) working days from the date of its submission, otherwise the
request will be deemed rejected. In case the request is accepted, the General
Secretariat must require the respondent Department to temporarily stay the
implementation of the contested decision pending the determination of the
Grievance.
a. A respondent
Department may not undertake any act or measure that would preclude the DCPGC
from performing its duties. In particular, the respondent Department may not:
1.
allow any of its officials,
employees, Staff Members, or other person working for it to obstruct the
proceedings or investigations conducted by the DCPGC or object to the same in
any way whatsoever;
2.
allow any of its officials,
employees, Staff Members, or any other person working for it to act
dismissively or with slackness regarding any of the DCPGC requests or in providing
the support required for its inspection and investigation procedures in respect
of the Grievances filed with it;
3.
prevent a Grievant or any other
person summoned by the DCPGC from appearing at its hearings; and/or
4.
act with slackness or delay in
implementing a decision issued by the DCPGC on a Grievance.
b. The chairman of
the DCPGC will submit a special report to the Deputy Chief on any act or
measure undertaken by the respondent Department that precludes the DCPGC from
performing its duties or obstructs the implementation of any of its decisions.
c. The DCPGC may
notify a respondent Department in the event of non-cooperation by any of its employees with the DCPGC, in order for the respondent Department to take the
necessary action in this regard.
The
chairman of the DCPGC will submit to the Deputy Chief an annual report that
includes the following:
1. the number and types of Grievances filed with the DCPGC, and a statement detailing
the determination of these Grievances, including cases where Grievances have
been dismissed or where the contested decisions have been withdrawn or cancelled;
2.
any cases where
respondent Departments have refrained from implementing the decisions of the
DCPGC, and proposals on the actions and measures required to ensure the
Departments’ compliance with these decisions;
3.
the DCPGC work programme; and
proposals and recommendations for improving its performance, including
proposals to amend the legislation relating to its work; and
4.
general recommendations on the
measures required for upholding the principles of justice, equity, and fairness
when determining the Grievances filed with the DCPGC.
a.
The chairman, vice
chairman, and all members of the DCPGC; all employees of the General
Secretariat; and any experts or specialists engaged by the DCPGC are under a
duty of confidentiality in respect of all the facts, documents, and decisions
to which they gain access and the information they become aware of in the
course of performing their duties. This duty of confidentiality will survive
the end of their work relationship with the DCPGC.
b.
Every person in possession of
Grievance-related documents, papers, or other evidentiary material, which may
not be disclosed to third parties, must return them to the DCPGC. The DCPGC
will archive these documents, papers, and material or handle them in the manner
it deems appropriate.
c.
The General Secretariat must archive
the documents, papers, and other material related to Grievances in designated
places that are inaccessible to unauthorised third parties. The chairman of the
DCPGC will issue an internal bylaw regulating the destruction of such documents
and material.
The
Department of Finance will provide the financial resources required to enable
the DCPGC to perform the duties assigned to it under this Decree and the
resolutions issued in pursuance hereof.
The
Chief or his authorised representative will issue the resolutions required for
the implementation of the provisions of
this Decree.
Any provision in any other legislation will be repealed to the extent that it
contradicts the provisions of this Decree.
This
Decree 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 19 September 2018
Corresponding
to 9 Muharram 1440 A.H.
©2024 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.