Law No. (1) of 2019
Concerning the
Hamdan bin Mohammed bin
Rashid Al Maktoum International Photography Award[1]
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We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After
perusal of:
Law
No. (1) of 2016 Concerning the Financial Regulations of the Government of
Dubai;
Law
No. (4) of 2018 Establishing the Financial Audit Authority;
Decree
No. (4) of 2008 Appointing the Crown Prince of the Emirate of Dubai; and
Resolution
No. (1) of 2011 Establishing the Hamdan bin Mohammed bin Rashid Al Maktoum
International Photography Award,
Do
hereby issue this Law.
This Law will be cited
as “Law No. (1) of 2019 Concerning the Hamdan bin Mohammed bin Rashid Al
Maktoum International Photography Award”.
The
following words and expressions, wherever mentioned in this Law, will have the
meaning indicated opposite each of them unless the context implies otherwise:
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UAE: |
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The United Arab
Emirates. |
|
Emirate: |
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The Emirate of Dubai. |
|
HIPA Patron: |
|
His Highness Sheikh
Hamdan bin Rashid Al Maktoum, Crown Prince of Dubai. |
|
Office: |
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Zaabeel Office of His
Highness Sheikh Mohammed bin Rashid Al Maktoum. |
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HIPA: |
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The Hamdan bin
Mohammed bin Rashid Al Maktoum International Photography Award. |
|
Board of Trustees: |
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The board of trustees
of HIPA. |
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Secretary General: |
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The secretary general
of HIPA. |
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Charter: |
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The charter of HIPA. |
Applicability of the Law to
HIPA
Article (3)
This Law
will apply to HIPA established pursuant to the above-mentioned Resolution No.
(1) of 2011 as a private corporation having legal personality and the legal
capacity required to undertake all acts and dispositions that ensure the
achievement of its objectives. HIPA is hereby affiliated to the Office.
Head
Office of HIPA
Article
(4)
The head office of HIPA
will be located in the Emirate. Other branches of HIPA may be established
within and outside of the Emirate pursuant to a resolution of the HIPA Patron.
HIPA aims to:
1. promote the Emirate as
an international stage for the art of photography, turning it into a creative
point of reference for photography artists and innovators;
2. enhance performance,
creativity, and quality levels in the field of photography and nurture the
spirit of initiative, creativity, and excellence;
3. provide a database on
the art of photography, and conduct the educational and training activities
related to photography and documentation to support this art;
4. encourage scientific
research, and publish research and studies that are relevant to photography;
5. encourage greater
participation of UAE nationals in international photography events,
exhibitions, and competitions; and
6.
sponsor and promote photography-related activities,
and improve and develop such activities at the local, regional, and
international levels.
For the
purpose of achieving its objectives, HIPA will have the duties and powers to:
1. develop integrated
systems and programmes to support and develop the photography-related
activities;
2. undertake the
transactions and work related to HIPA activities and required for the
achievement of its objectives, including conducting business activities;
3. conduct studies and
research that are relevant to photography and to developing photography-related
activities;
4. regulate and administer
all aspects of HIPA work, and award prizes to HIPA winners;
5. organise specialised
events, exhibitions, conferences, workshops, and programmes in fields that are
relevant to the achievement of the objectives of HIPA;
6. honour various
categories of individuals and entities who make outstanding achievements and
creative contributions in the field of photography and recognise such
achievements and contributions;
7. release and publish
printed material, including books and bulletins, and audio and video recordings
on photography;
8. establish companies and
corporations, either solely or in partnership with other persons, in fields
that are relevant to the work of HIPA;
9. own and take lease of
the movable and immovable property required for the achievement of HIPA
objectives; and
10. exercise any other
duties or powers required for enabling HIPA to achieve its objectives as
stipulated in this Law, or prescribed by the Charter.
HIPA will be managed
and regulated in accordance with the provisions of this Law; the Charter; and
the bylaws and resolutions issued in pursuance thereof.
a.
HIPA will have a Board of Trustees comprised of a
chairman, a vice chairman, and other members. The number of the Board of Trustees
members must not be less than five (5) and not more than eleven (11) including
the chairman and vice chairman. Members of the Board of Trustees must be
administratively and culturally competent UAE nationals who are known for their
integrity.
b. The Board of Trustees
will be formed pursuant to a resolution of the HIPA Patron. Membership of the
Board of Trustees will be for a renewable period of four (4) years.
a. The Board of Trustees will be convened at the
invitation of the chairman, or the vice chairman where the chairman is absent,
at least once every two (2) months or where necessary, at the time and place
determined by the chair of the meeting.
b. 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. Resolutions and recommendations of the Board of
Trustees will be passed by majority vote of attending members, and in the event
of a tie, the chair of the meeting will have the casting vote.
c. Resolutions and recommendations of the Board of
Trustees will be recorded in minutes signed by the chair of the meeting and the
rapporteur of the Board of Trustees.
a.
The Board of Trustees is the highest authority
responsible for overseeing the affairs of HIPA, and is vested with the powers
to plan and supervise the activities of HIPA and to administer its work with a
view to achieving the objectives of HIPA. In particular, the Board of Trustees
will have the duties and powers to:
1. approve the general
policy and the strategic, development, and operational plans of HIPA;
2. approve the Charter;
3. approve the resolutions
and bylaws regulating the administrative, financial, and technical work of
HIPA, the Board of Trustees, and the executive body;
4. approve the
organisational structure of HIPA and submit the same to the HIPA Patron for
final approval;
5. discuss the draft
annual budget of HIPA and submit the same to the Office for finalisation of its
approval as part of the annual budget of the Office;
6. discuss and approve the
annual financial statements of HIPA and submit them to the Office for approval
in accordance with the applicable legislation;
7. appoint and determine
the duties of the rapporteur of the Board of Trustees;
8. approve the annual and
phase-based work plans that are relevant to the achievement of HIPA objectives,
and direct the Secretary General to implement such plans;
9. approve the internal
bylaws regulating the activities of HIPA, and pass the required resolutions
that ensure proper conduct of these activities and flow of work;
10. approve the criteria
and standards for selecting winners of the HIPA award in its various
categories;
11. determine the monetary
value of the various categories of the HIPA award, and submit the determination
to the HIPA Patron for approval;
12. approve nominations for
the HIPA award;
13. form permanent and
temporary specialised technical and scientific committees and work teams in
accordance with the requirements of HIPA activities and objectives to assist
the Board of Trustees in performing its duties; issue bylaws regulating the
work of such committees and work teams; and determine the remunerations and
allowances of members of such committees and wok teams; and
14. exercise any other
duties or powers that are relevant to the achievement of the objectives of HIPA
as assigned or delegated to the Board of Trustees by the HIPA Patron, or as
prescribed by the Charter.
b.
The Board of Trustees may delegate any of its
powers under paragraph (a) of this Article to any of its members or to the
Secretary General, provided that such delegation is specific and in writing.
a. A Secretary General
will be appointed to HIPA pursuant to a resolution of the HIPA Patron upon the
recommendation of the Board of Trustees.
b. The Secretary General
will be directly responsible to the Board of Trustees for achieving HIPA
objectives, and for exercising the duties and powers assigned to him under this
Law; the Charter; and the resolutions issued in pursuance thereof.
c. The Secretary General
will supervise the daily work of HIPA; manage and administer its affairs; be
responsible for implementing HIPA policies; and exercise the powers and
authority required for the achievement of HIPA objectives. The Secretary
General will, in particular, have the duties and power to:
1. propose the general
policy and strategic, development, and operational plans of HIPA; present the
same to the Board of Trustees for approval; and follow up their implementation;
2. draft the Charter of
HIPA in coordination with the Office and submit it to the Board of Trustees for
approval;
3. propose the
organisational structure of HIPA in coordination with the Office and submit it
to the Board of Trustees for approval;
4. propose the resolutions
and bylaws regulating the administrative, financial and technical work of HIPA,
the Board of Trustees, and the executive body; and submit the same to the Board
of Trustees for approval;
5. take the necessary
action to ensure compliance by HIPA with the legislation in force in the
Emirate, with the resolutions and regulations issued in pursuance thereof, and
with any other legislation related to the work and activities of HIPA;
6. prepare, in
coordination with the Office, the draft annual budget and financial statements
of HIPA, and submit the same to the Board of Trustees for discussion;
7. propose the internal
bylaws regulating various activities of HIPA and present the same to the Board
of Trustees for approval;
8. approve financial
transactions, including bank remittances and cheques, subject to the financial
regulations and bylaws adopted by HIPA and to the applicable delegation of
powers matrix;
9. sign, in the name of
HIPA and on its behalf, on contracts, agreements, and memoranda of
understanding in accordance with the relevant powers granted to the Secretary
General by the Board of Trustees;
10. propose the criteria
and rules for the selection of winners of HIPA awards in its various
categories, and present the same to the Board of Trustees for approval;
11. supervise performance
by the HIPA general secretariat of the duties assigned to it under this Law;
the Charter; and the bylaws and regulations adopted in this respect;
12. supervise the
organisational units of the HIPA general secretariat included in the HIPA
approved organisational structure; prepare periodic and annual reports on their
work; and submit the same to the Board of Trustees;
13. supervise, direct, and
follow up the work activities related to the objectives of HIPA;
14. prepare the annual
reports that are relevant to the various activities of HIPA, and present them
to the Board of Trustees to take the necessary action in respect thereof;
15. form permanent or
temporary sub-committees and work teams to assist him in performing his duties
and achieving HIPA objectives; and determine the duties, powers, and term of
such sub-committees and work teams and the remunerations of their members; and
16. exercise any other
duties or powers that are relevant to the achievement of the objectives of HIPA
as assigned or delegated to him by the HIPA Patron or the Board of Trustees, or
as prescribed by the Charter.
d. The Secretary General
may delegate any of the powers vested in him under paragraph (c) of this
Article to any of the heads of the concerned organisational units within the
general secretariat of HIPA, provided that this delegation is specific and in
writing.
a. The general secretariat
of HIPA will be comprised of the Secretary General, and a number of
administrative, finance, and technical employees.
b. The general secretariat
of HIPA will be responsible for conducting all its operations in accordance
with the Charter, and the relevant bylaws, regulations, and resolutions
approved by the Board of Trustees and the Secretary General.
c. The employees of the
general secretariat of HIPA will be subject to the human resources regulation
approved by the Board of Trustees for this purpose. The provisions of this
regulation must be consistent with the human resources legislation adopted by
the Government of Dubai.
The financial resources
of HIPA will consist of:
1. financial appropriations
allocated to HIPA in the annual budget of the Office;
2. grants, gifts,
donations, and bequests that are accepted by the Board of Trustees; and
3. any other resources
approved by the HIPA Patron.
a. In regulating its
accounts and records, HIPA will apply the rules and principles of government
accounting.
b. The signing of
contracts and agreements, and of bank remittances, cheques, and account
management instructions issued by HIPA to the concerned banks in the UAE, will
be subject to the financial approval authorities bylaw approved by the Board of
Trustees and the Office in accordance with the relevant legislation in force.
c. The financial year of
HIPA will commence on 1 April of each year and will end on 31 March of the
following year.
d. The accounts of HIPA
will be subject to control and audit by the Financial Audit Authority.
The Board of Trustees or its authorised
representative will issue the resolutions required for the implementation of
the provisions of this Law.
a.
The above-mentioned Resolution No. (1) of 2011 is
hereby repealed. Any provision in any other legislation will also be repealed
to the extent that it contradicts the provisions of this Law.
b. The bylaws,
resolutions, regulations, and instructions issued in implementation of the
above-mentioned Resolution No. (1) of 2011 will continue in force, to the
extent that they do not contradict this Law, until new superseding bylaws,
resolutions, regulations, and instructions are issued.
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 23 April 2019
Corresponding to 18 Shaban
1440 A.H.