Law No. (15) of 2020

Transferring Certain Functions of the

Awqaf and Minors Affairs Foundation to the

 Community Development Authority in Dubai[1]

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We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,

After perusal of:

Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;

Law No. (9) of 2007 Establishing the Awqaf and Minors Affairs Foundation (the “AMAF”);

Law No. (8) of 2015 Concerning the Community Development Authority in Dubai (the “CDA”);

Law No. (1) of 2016 Concerning the Financial Regulations of the Government of Dubai;

Law No. (8) of 2018 Concerning Management of the Government of Dubai Human Resources;

Decree No. (29) of 2020 Forming the Supreme Committee for Development of the Government Sector in the Emirate of Dubai;

Executive Council Resolution No. (29) of 2011 Approving the General Organisational Structure of the Awqaf and Minors Affairs Foundation;

Executive Council Resolution No. (26) of 2015 Approving the Organisational Structure of the Community Development Authority in Dubai;

Executive Council Resolution No. (40) of 2015 Concerning the Functions of the General Secretariat of the Executive Council of the Emirate of Dubai; and

The presentation of the Chairman of the Supreme Committee for Development of the Government Sector in the Emirate of Dubai,

Do hereby issue this Law.

Guardianship over Persons

Article (1)

As of the date on which this Law comes into force, the AMAF functions and role related to guardianship over persons, as stipulated in the above-mentioned Law No. (9) of 2007, the resolutions issued in pursuance thereof, and the legislation in force in the Emirate, are hereby transferred to the CDA.

Transfer and Succession

Article (2)

a.    The following is hereby transferred from the AMAF to the CDA:

1.    the duties and functions that are assigned to the AMAF under the above-mentioned Law No. (9) of 2007 and that are relevant to the moveable and immoveable property allocated to Minors and Persons of Similar Status;

2.    the Social Research and Studies Section and the Welfare Section, which are organisationally aligned under the Minors' Affairs Department as per the organisational structure of the AMAF approved pursuant to the above-mentioned Executive Council Resolution No. (29) of 2011. The Director General of the CDA will, in coordination with the General Secretariat of the Executive Council, determine the organisational unit to which these sections will be transferred; and approve the description of their functions;

3.    the donations, gifts, bequests, Zakat, alms, endowments, and financial support allocated by the Government of Dubai to Minors and Persons of Similar Status, excluding the investments by the AMAF of the property of Minors and Persons of Similar Status with the aim of developing and maintaining such property;

4.    the AMAF Employees mutually agreed upon, by the CDA and the AMAF, to be transferred to the CDA to enable it to perform the duties and functions related to the property of Minors and Persons of Similar Status as stipulated in sub-paragraph (a)(1) of this Article, and to perform the duties of the two organisational units transferred to the CDA under sub-paragraph (a)(2) of this Article. These Employees will be governed by the above-mentioned Law No. (8) of 2018, and will retain their existing rights; and

5.    the financial appropriations allocated by the Department of Finance, in the annual budget of the AMAF, to the two organisational units referred to in sub-paragraph (a)(2) of this Article and to the AMAF Employees transferred to the CDA pursuant to the provisions of sub-paragraph (a)(4) of this Article.

b.    All rights and obligations of the AMAF in respect of the organisational units referred to in sub-paragraph (a)(2) of this Article and in respect of the property of the Minors and Persons of Similar Status are hereby transferred to the CDA.

Compliance

Article (3)

The CDA and the AMAF must coordinate with the concerned entities in the Emirate of Dubai to comply with the provisions of this Law within no later than three (3) months from the date on which this Law comes into force. The Chairman of the Executive Council may, where required, extend this time frame for the period he deems appropriate.

Issuing Implementing Resolutions

Article (4)

The Chairman of the Executive Council will issue the resolutions required for the implementation of the provisions of this Law.

Repeals

Article (5)

Any provision in any other legislation will be repealed to the extent that it contradicts the provisions of this Law.

Commencement and Publication

Article (6)

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 24 November 2020

Corresponding to 9 Rabi al-Thani 1442 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.