Law No. (14) of
2023
Concerning
Al Jalila
Foundation in Support of Medical Education and Research[1]
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We, Mohammed
bin Rashid Al Maktoum, Ruler of Dubai,
After
perusal of:
Federal Law by Decree No.
(19) of 2020 Concerning Trusts;
Law No. (10) of 2012
Establishing Al Jalila Foundation in Support of Medical Education and Research
and its amendments;
Law No. (2) of 2011
Concerning the Islamic Affairs and Charitable Activities Department;
Law No. (13) of 2021
Establishing the Dubai Academic Health Institution;
Law No. (14) of 2017
Regulating Endowments and Gifts in the Emirate of Dubai;
Decree No. (9) of 2015
Regulating the Raising of Donations in the Emirate of Dubai; and
Decree No. (9) of 2022
Placing Private Public-benefit Entities Established Pursuant to Legislation
under the Supervision and Audit of the Community Development Authority in
Dubai,
Do hereby issue this Law.
This Law will be cited as
“Law No. (14) of 2023 Concerning Al Jalila Foundation in Support of Medical
Education and Research ”.
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. |
|
DAHI: |
The
Dubai Academic Health Institution. |
|
Board of Directors: |
The
board of directors of the DAHI. |
|
Al Jalila Foundation: |
Al
Jalila Foundation in Support of Medical Education and Research. |
|
BOD: |
The
board of directors of Al Jalila Foundation. |
|
Honorary
Board: |
The
honorary board of directors of Al Jalila Foundation. |
|
CEO: |
The
chief executive officer of Al Jalila Foundation. |
The provisions of this Law
apply to Al Jalila Foundation in Support of Medical Education and Research,
which is established pursuant to the above-mentioned Law No. (10) of 2012 as a
private non-profit foundation having legal personality, financial and
administrative autonomy, and the legal capacity required to undertake all acts
and dispositions that ensure the achievement of its objectives. Al Jalila
Foundation will exercise its duties and functions under the supervision of the
DAHI.
The head office of Al Jalila
Foundation will be located in the Emirate. Branches and offices of Al Jalila
Foundation may be established within and outside of the Emirate pursuant to a
resolution of the BOD in accordance with legislation in force.
Al Jalila Foundation will
have the following objectives:
1.
to raise
and manage Gifts, Donations, and any charitable contributions with a view to
ensuring support to the DAHI in the achievement of its objectives of enhancing
Health Services in the Emirate through an integrated academic health system
that includes Healthcare, medical education, and scientific research in the
relevant fields, in accordance with the legislation in force in the Emirate;
2.
to
contribute to securing financial support to fund the projects, initiatives, and
programmes of the Health Sector in the Emirate, including the projects,
initiatives, and programmes related to the health fields in which the DAHI and
its affiliates are engaged, with a view to the achievement of the DAHI’s
objectives and supporting it in performing its functions under the
above-mentioned Law No. (13) of 2021;
3.
to
contribute to supporting and promoting medical education and research at the
DAHI and its affiliates;
4.
to
contribute, in coordination with the DAHI, to the implementation of the
approved Health Sector policies across the Government; and
5.
to
contribute to positioning the Emirate as a pioneer in the field of Health
Service provision and community health management, and in medical sciences, by
supporting medical education and research.
For the purpose of achieving
its objectives, Al Jalila Foundation will, in coordination with the DAHI, have
the duties and powers to:
1.
develop
a plan for raising Donations and securing funds in line with its strategic plans, the approved strategic plans of
the DAHI, and the legislation in force in the Emirate;
2.
provide
financial aid to needy patients from all nationalities to enable them to
receive medical treatment at the hospitals and clinics affiliated to the DAHI,
or at any other hospitals and clinics to which they are referred by the DAHI;
3.
provide
financial support to fund the scientific research projects and scientist
recruitment programmes adopted by the DAHI, including the programmes for
recruitment of clinical scientists;
4.
support
researchers and specialised research institutions, and encourage them to develop
distinguished medical research, through granting recognition awards and rewards
in coordination with the concerned entities in the Emirate;
5.
fund
scientific research programmes and projects which focus on applied sciences,
knowledge, and technology;
6.
promote
the findings of its scientific research and studies to donors and other
community members;
7.
support the
publication of specialised medical journals within and outside of the UAE;
8.
sponsor
the scientific and educational conferences and seminars specialised in medical
fields, whether organised within or outside of the UAE;
9.
offer
scholarships in specialised medical fields to UAE nationals and non-UAE
nationals;
10.
cooperate
with academic institutions; international, regional, and Arab organisations;
local government entities, civil society entities, and other concerned entities
to support scientific research and technological development in medical fields;
11.
contribute
to establishing companies or undertake joint investments and ventures within
and outside of the UAE, in accordance with the legislation in force in the
Emirate, in order to develop donated property, with a view to supporting Al
Jalila Foundation in achieving its objectives;
12.
implement
voluntary and charitable programmes and initiatives in medical fields; and
13.
exercise
any other duties or powers required to enable it to achieve its objectives, with a view to
achieving the objectives of the
DAHI and enabling it to perform its functions under the above-mentioned Law No.
(13) of 2021; as well as any duties assigned to Al Jalila Foundation by the
Ruler, the Chairman of the Executive Council, or the Board of Directors.
Al Jalila Foundation will
have a board of directors comprised of a chairman, a vice chairman, and a
number of members known for their integrity and competence, appointed pursuant
to a resolution of the Chairman of the Executive Council of the Emirate. The
number of the BOD members may neither be less than five (5) nor more than nine
(9), including the chairman and vice chairman. The term of membership in the
BOD will be three (3) years, renewable for the same period.
a.
The BOD
will undertake general supervision of Al Jalila Foundation; and in particular,
will have the duties and powers to:
1. propose the policies, strategic plans, and
objectives of Al Jalila Foundation; and submit the same to the Board of
Directors for approval;
2. approve the plans required to secure the funding
provided by Al Jalila Foundation for the scholarships, projects, and programmes
it supports;
3. approve the regulations, bylaws, and resolutions
regulating the administrative, financial, technical, and contractual work of Al
Jalila Foundation;
4. propose the regulations and bylaws required to establish
the governance framework of the relationship between the DAHI and Al Jalila
Foundation, and submit these to the Board of Directors for approval;
5. approve the annual budget and financial statements
of Al Jalila Foundation, and submit these to the Board of Directors for final
approval;
6. determine, in coordination with the DAHI, the
basis for cooperation and coordination with the entities concerned with medical
scientific research at the local, regional, and international levels;
7. determine the criteria for the appointment of
members of the Honorary Board;
8. form permanent and temporary committees and work
teams to assist it in performing its duties; and determine the duties, powers,
and terms of reference of these committees and work teams;
9. approve the conclusion of agreements and memoranda
of understanding with entities specialised in fields that are relevant to the
achievement of the objectives of Al Jalila Foundation; and
10. exercise any other duties or powers related to achieving
the objectives of Al Jalila Foundation and enabling it to perform its
functions, as assigned or delegated to it by the Board of Directors.
b.
The BOD
may delegate any of its powers under paragraph (a) of this Article to any of
its members or to the CEO, provided that such delegation is specific and in
writing.
Al Jalila Foundation will
have an Honorary Board comprised of a chairman, a vice chairman, and a number
of members known for their generosity and benevolence, appointed pursuant to a
resolution of the chairman of the Board of Directors upon the recommendation of
the BOD for a renewable term of three (3) years.
The Honorary Board is a
titular board that will provide support and advice to Al Jalila Foundation. In
particular, it will:
1.
provide
consultations on the process of developing and implementing the policies,
objectives, and strategic plans of Al Jalila Foundation;
2.
submit
proposals concerning campaigns and initiatives for raising Donations for Al
Jalila Foundation;
3.
determine
the basis of collaboration with the donors of Al Jalila Foundation;
4.
participate
in the events and endeavours aimed at raising Donations to support the
achievement of the objectives of Al Jalila Foundation;
5.
provide
proposals and recommendations with respect to the priorities and plans for
funding scholarships and supporting the persons and the projects of the DAHI
and its affiliates; and
6.
perform
any other duties related to achieving the objectives of Al Jalila Foundation
and enabling it to perform its functions, as assigned to it by the BOD.
The terms of reference of the
BOD and the Honorary Board, and the procedures for holding their meetings and
passing their resolutions and recommendations, will be governed by the
regulations to be issued pursuant to the relevant resolutions of the chairman
of the Board of Directors.
The executive body of Al
Jalila Foundation will be comprised of the CEO and a number of administrative,
finance, and technical employees. These employees will be governed by the relevant
human resources regulations proposed by the BOD and approved by the Board of
Directors.
a.
The CEO
will be appointed pursuant to a resolution of the chairman of the BOD.
b.
The CEO
will be directly responsible to the BOD for performing his duties under this
Law, the resolutions issued in pursuance hereof, and other legislation in force
in the Emirate, in a manner that ensures the achievement of Al Jalila
Foundation objectives and enables it to perform its functions. In particular,
the CEO will have the duties and powers to:
1.
devise the general policy and the strategic,
development, and operational plans of Al Jalila Foundation, submit these to the
BOD for approval, and take the appropriate action to follow up the
implementation of the same upon their approval;
2.
draft the administrative, financial, and technical
regulations, bylaws, and resolutions required to regulate the work and services
of Al Jalila Foundation; and submit these to the BOD for approval;
3.
prepare the draft annual budget and financial
statements of Al Jalila Foundation, and submit the same to the BOD for
approval;
4.
undertake the daily supervision of the executive
body of Al Jalila Foundation and its operations, activities, and services;
5.
supervise the implementation of projects and
programmes supported by Al Jalila Foundation;
6.
represent Al Jalila Foundation before third
parties and sign, in its name and on its behalf, all contracts, agreements, and
memoranda of understanding in accordance with the relevant delegation of
authority matrix approved by the BOD;
7.
open and manage bank accounts within and outside
of the Emirate subject to the approval of the BOD and in accordance with
legislation in force; and
8.
exercise any other duties or powers assigned or
delegated to him by the BOD.
c.
The CEO
may delegate any of his duties under paragraph (b) of this Article to any of Al
Jalila Foundation employees, provided that this delegation is specific and in
writing.
a.
The
financial resources of Al Jalila Foundation will consist of:
1.
the proceeds of the movable and immovable property
owned by, or endowed or allocated to, Al Jalila Foundation;
2.
the grants, Gifts, Donations, bequests, and
endowments accepted by the BOD; and
3.
any other financial resources approved by the BOD.
b.
The
standards and rules governing deductions from the Donations raised to cover the
operating and administrative expenses and costs of Al Jalila Foundation will be
determined pursuant to a resolution of the BOD and in coordination with the
Islamic Affairs and Charitable Activities Department. Annual reports on the
raised amounts, and the percentages deducted from the same, must be provided to
donors.
a.
In
managing its accounts and records, Al Jalila Foundation will apply the
accounting rules and principles adopted by the BOD in accordance with the
internationally recognised standards. Al Jalila Foundation accounts and records
will be audited by an external audit firm appointed by the BOD for this
purpose.
b.
The
Financial Year of Al Jalila Foundation will commence on 1 January and will end
on 31 December of each year.
All measures taken and
decisions made in respect of all matters related to Al Jalila Foundation, by
the Board of Directors or any of its committees, from the effective date of the
above-mentioned Law No. (13) of 2021 Resolution until the date on which this
Law comes into force are deemed valid as if taken or made in accordance with
this Law.
Except for the resolutions
which the chairman of the Board of Directors is exclusively authorised to issue
under this Law, the chairman of the BOD will issue the resolutions,
regulations, and bylaws required for implementing the provisions of this Law subject
to approval of the same by the BOD.
This Law supersedes the
above-mentioned Law No. (10) of 2012. Any provision in any other legislation is
also hereby repealed to the extent that it contradicts the provisions of this
Law.
This Law will be published in
the Official Gazette and will come into force on the day on which it is
published.
Mohammed
bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 14 June 2023
Corresponding to
25 Thu al-Qidah 1444 A.H.
©2023 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.