Concerning
the Methodology for Approving Organisational
Structures
of Paramilitary Departments in the Emirate of Dubai[1]
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We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After
perusal of:
The Dubai
Police Law of 1966 and its Implementing Bylaw No. (1) of 1984;
Law No.
(5) of 1995 Establishing the Department of Finance;
Law No.
(3) of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law No.
(31) of 2009 Establishing the Dubai Government Human Resources Department and
its amendments;
Law No.
(6) of 2012 Concerning Management of the Human Resources of Local Paramilitary
Personnel in the Emirate of Dubai and its amendments;
Decree No.
(23) of 2014 Establishing the Supreme Legislation Committee in the Emirate of
Dubai; and
Resolution
No. (19) of 2013 Approving the Line of Command Structure of the Paramilitary
Departments of the Government of Dubai,
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. |
|
Government: |
The Government of Dubai. |
|
Chief: |
The Chief of Police and General Security in Dubai. |
|
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 other superseding Legislation. |
|
Competent Authority: |
The authority vested with the power to approve the
Organisational Structure pursuant to this Decree. |
|
Department: |
Any paramilitary or civilian semi-military entity that
is governed by the Law, including any affiliate thereof. |
|
Director General: |
The commander-in-chief or director general of a
Department, or any other officer holding a similar position. |
|
Work Team: |
The Work Team for Review of Organisational
Structures of Paramilitary Departments in the Emirate of Dubai, formed
pursuant to this Decree. |
|
Organisational Structure: |
A framework which outlines the organisational
divisions comprising a Department ordered in multiple levels in a hierarchy, down
to the sections or equivalent level, and outlines the authorities and
responsibilities of each division. In this framework, orders and instructions
flow from higher to lower levels, and the decision-making powers and centres
of authority and responsibility are indicated. This includes new
organisational structures and amendments to existing organisational
structures. |
|
Organisational Unit: |
Any administrative unit that is affiliated to the
Department and lacks legal personality, starting from the section level and
upwards. This includes general directorates; directorates; security, service,
research, training, and educational centres; specialised forces; military
attaché offices; and similar units. |
|
Competent Entity: |
The Department of Finance, the General Secretariat
of the Executive Council of the Emirate, the Dubai Government Human Resources
Department, or the Supreme Legislation Committee in the Emirate of Dubai. |
This
Decree applies to the Departments that are governed by the Law, and to the
procedures for approval and amendment of Organisational Structures.
A
permanent work team named the “Work Team for Review of Organisational
Structures of Paramilitary Departments in the Emirate of Dubai” will be formed
within the Government of Dubai Human Resources Department pursuant to a
resolution of the Chief.
a. The
Competent Authority in charge of approving an
Organisational Structure is:
1.
the Chief or his authorised representative, for
Organisational Units at the
level of a general directorate, or its equivalent, or at a higher level; or
2.
the Director General, for Organisational Units at the
level of a sub-directorate, section, or their equivalent, or at a lower
level.
b. Where
a Department is affiliated to a federal government entity pursuant to the
legislation in force, its Organisational Structure will be presented to the
federal government entity for final approval upon being approved by the
Competent Authority.
c. Subject
to the provisions of paragraph (a) of this Article, the Director General may,
upon the recommendation of the Work Team, modify the names of Organisational
Units or reposition them within the approved Organisational Structure
of the Department, provided that this does not result in creating new
Organisational Units or financial impacts.
When submitting an application by a Department for the approval of its
new Organisational Structure or amendment of its existing Organisational
Structure, any of the following grounds must exist:
1. the issuance of any
Legislation which establishes the Department and stipulates that it is governed
by the Law, extends the application of the Law to the Department, or amends the
Legislation establishing or regulating the Department;
2. the change or modification
of the objectives or functions of the Department pursuant to any Legislation or
policy adopted by the concerned entities;
3. the adoption of any strategies
or policies, at the Emirate's level, sector's level, or Department's level,
which would affect the Department's activities or organisational status, enhance
the efficiency and effectiveness of the Department’s performance, or
rationalise public expenditure; or which are warranted, based on any other
grounds, by the public interest.
4. the existence of overlap in
the duties or functions of the Organisational Units within the Department, or overlap
between the Department duties and functions and those of other Departments and
Government Entities; and/or
5. any other grounds, as
determined by the Director General, for ensuring the effectiveness of the
Organisational Structure of the Department in achieving its objectives and
enabling it to perform the functions assigned to it by the Law.
a. A
Department seeking to have its new Organisational Structure approved, or have its
existing Organisational Structure amended, must file its application with the
Work Team, supported by the following information and documents:
1. the Legislation establishing the Department and the
Legislation regulating its functions, and any amendments thereto;
2. the
approved documented strategic plan of the Department, the current and future projects and initiatives it intends to implement, and the
financial appropriations allocated to these projects and initiatives in
the General Budget;
3. the
current Organisational Structure, if any, down to the section level or
equivalent level, as
applicable at the time of submission of the application, together with:
A.
a statement
of the critical number of paramilitary and civilian human resources of the
Department, and their distribution over Organisational Units, down to the
section level or equivalent level; and
B.
a description of the
duties of the existing Organisational Units, down to the section level or
equivalent level.
4. the
draft Organisational Structure proposed by the Department, down to the sections
or equivalent level, together with:
A.
a table
indicating the Organisational Units to be created, abolished, or affected by
the proposed new or amended Organisational Structure and a description of the
duties of these Organisational Units, together with the grounds warranting the
same;
B.
a description
of the duties of proposed Organisational Units, down to the section level or
equivalent level;
C.
the
financial impacts resulting from the proposed Organisational Structure of the
Department, including any increase or reduction in financial expenses;
D.
a distribution
of critical human resources within the proposed Organisational Structure;
E.
a distribution
of existing and expected human resources within the proposed Organisational
Structure, over the medium term of three (3) to five (5) years; and
F.
any other necessary information or documents
requested by the Work Team for consideration and review of the Organisational Structure proposed by the Department.
b. The
Work Team may decline to consider an application for approval or amendment of an Organisational Structure if the application does not include
any of the information or documents stipulated in paragraph (a) of this
Article.
a. In
considering an application for the approval of an Organisational Structure by
the Work Team, the following standards and rules will apply:
1.
The grounds
for proposing the Organisational Structure must be valid and in conformity with
the general policies and orientations of the Government.
2.
The
functions of the Organisational Units comprising the proposed Organisational Structure
of the Department must be in conformity with its establishing or regulating
Legislation, and its adopted strategy. These functions must not contradict or
overlap with the functions of any other Department or Government Entity; must
be clearly and accurately defined; and must reflect all the organisational levels
of the Department.
3.
The
financial impact of amending the Organisational Structure must be justified and
must be within the limits of the budgets and financial plans approved by the
Government;
4.
The
relations and lines delineating various administrative levels must be clearly
defined to ensure effective performance by the Department of its duties.
5.
The description
of the duties of the proposed Organisational Units must be clear, and must meet
the basic requirements of the Department and enhance its ability to effectively
perform its duties and avoid redundancy or overlap of the duties and
responsibilities of Organisational Units.
6.
The
distribution of the human resources of the Department over the Organisational
Units comprising the proposed Organisational Structure must be suitable and justified.
7.
The
proposed Organisational Structure must strike a balance between the supervisory
posts within each organisational level and the total number of executive posts
within each Organisational Unit.
8.
The
proposed Organisational Structure must strike a balance between the number of
Organisational Units responsible for performing the core operations of the
Department and the Organisational Units responsible for providing support
services.
b. In
considering and reviewing proposed Organisational Structures, the Work Team may
consult with any entity, and may seek assistance from the
experts and specialists as it deems appropriate.
a.
The Work Team will consider any application for
approval of the Organisational Structure proposed by a Department, and verify
that it is based on valid grounds and is supported by all the documents and
information that must be provided by the Department in accordance with the
provisions of this Decree and the resolutions issued in pursuance hereof.
b.
The Work Team will refer the proposed Organisational
Structure to the Competent Entities to provide their opinions, each within its
own jurisdiction.
c.
In light of its consideration of the proposed
Organisational Structure, and the opinions of the Competent Entities, the Work
Team will provide the Department with its comments and recommendations in
respect of the proposed Organisational Structure.
d.
The Department will consider the comments and
recommendations of the Work Team, take the necessary action in respect thereof,
including making any necessary modification to its proposed Organisational
Structure, and re-submit the modified Organisational Structure to the Work
Team.
e.
Upon the completion of review of the proposed
Organisational Structure and verification that all relevant comments and
recommendations are taken into account, the Work Team will prepare the final
version of the Organisational Structure and submit it to Competent Authority
for approval.
For the purposes of
this Resolution, a Department must:
1. provide all the information
and documents required for considering its proposed Organisational Structure;
2. fully cooperate with the
Work Team and provide it with the data and information it requests to enable it to perform its duties under
this Decree, the resolutions issued in pursuance hereof, and other Legislation
in force in the Emirate;
3. take the actions and
measures required for implementing its approved Organisational Structure in accordance with the provisions of this
Decree;
4. ensure that all decisions
and actions taken by the Department are in conformity with the new
Organisational Structure, especially those related to establishing functional
structures, approving the description of the duties of Organisational Units, placing
Employees on supervisory posts, and distributing Staff Members and other Employees
over Organisational Units;
5. regularly monitor
and evaluate the effectiveness of the new Organisational Structure; and
6. perform any other duties determined
pursuant to the relevant resolutions issued by the Chief or his authorised
representative.
a. The
Work Team must follow up the implementation of this Decree, and propose any necessary amendments thereto.
b. The
Work Team must, in coordination with Departments, evaluate the Organisational Structures existing by the effective date of this
Decree, for purposes of update and improvement of the same; and must submit the
relevant recommendations in respect thereof to the Chief.
The Chief will
issue the resolutions required for the implementation of the provisions
of this Decree.
Any provision
in any other Legislation is hereby 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 13 September 2023
Corresponding
to 28 Safar 1445 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.