Law No. (13) of 2009
Establishing the
Hamdan bin Mohammed e-University[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler of
Dubai,
After perusal of:
Federal Law No. (4) of 1992 Establishing and
Regulating the Ministry of Higher Education and Scientific Research;
Law No. (27) of 2006 Concerning Management of the
Government of Dubai Human Resources;
Decree No. (27) of 2005 Establishing the e-College
of Total Quality Management, and
Minister of Higher Education and Scientific
Research Resolution No. (20) of 2009 Licensing Hamdan bin Mohammed e-University
to Engage in the Field of Higher Education,
Do hereby issue this Law.
This Law will be cited
as “Law No. (13) of 2009 Establishing the Hamdan bin Mohammed e-University”.
In implementing the provisions of this this Law, the following words and
expressions will have the meaning indicated opposite each of them unless the
context implies otherwise:
|
UAE: |
The United Arab
Emirates. |
|
Emirate: |
The Emirate of
Dubai. |
|
HBMEU: |
The Hamdan bin Mohammed e-University |
|
President: |
The president of the HBMEU. |
|
Chairman of the Board of Governors: |
Chairman of the Board of Governors of the HBMEU. |
|
Board of Governors |
The Board of Governors of the HBMEU. |
|
Chancellor: |
The chancellor of the HBMEU. |
|
Vice Chancellor: |
The vice chancellor of the HBMEU. |
|
Assistants: |
Assistant Vice Chancellors. |
|
Council: |
The university council of the HBMEU. |
1.
Pursuant to this Law, a
university named “Hamdan bin Mohammed e-University” is established. The HBMEU
will have legal personality, financial and administrative autonomy, and the
legal capacity required to undertake all the acts and dispositions that ensure
the achievement of its objectives. The HBMEU may enter into contracts with
third parties and sue and be sued in its own name.
2.
The HBMEU will be
comprised of a number of colleges, scientific research centres, and specialised
institutes; and it will offer educational programmes for bachelor’s, master’s,
and doctorate degrees in various academic fields, particularly business
administration and quality management.
3.
The head office of the
HBMEU will be in the Emirate; and it may, pursuant to a resolution of the Board
of Governors and based upon a recommendation by the Council, open branches
within and outside of the Emirate.
The HBMEU will have
its own special academic nature in that it will provide education through
electronic media, follow the knowledge-based economy approach, ensure quality,
and support the international academic community, with a view to creating an
opportunity for continuing education and providing top-value distinguished
education and knowledge services to all members and institutions of the
community.
The HBMEU will have the
following objectives:
1.
to become one of the
resources of human thought; a hub for inference, dissemination, and renewal of
knowledge; and for human resources development; at the Arab and international
levels;
2.
to effectively
contribute to the process of development and progress, and serve the various
sectors locally and internationally;
3.
to keep abreast of
modern practices related to quality and relevant topics;
4.
to make outstanding
developments and improvements in e-education and its applications; and
5.
to advance scientific
research and academic progress.
For the purpose of
achieving its objectives, the HBMEU will have the following duties:
1.
to develop and
implement distinguished higher education programmes with a view to providing
the quality e-learning academic education required for achieving comprehensive
development at the local, regional, and Arab levels;
2.
to award academic
degrees to students who successfully complete the accredited educational
programmes;
3.
to award academic
degrees to any of the HBMEU faculty members or those conducting accredited
research at the HBMEU, in accordance with the rules and standards adopted by
the HBMEU;
4.
to create continuing
education opportunities in various academic areas in order to contribute to
professional development that meets the needs of the community;
5.
to promote scientific
research with a focus on the applied research required for development plans;
and publish such research locally,
regionally, and internationally;
6.
to foster and
strengthen academic and cultural ties with other Arab and foreign universities
and higher education institutes;
7.
to provide
consultations, technical services, and academic studies in various scientific
fields and techniques;
8.
to adopt
state-of-the-art e-learning techniques, and maintain an infrastructure that
meets the changing needs of students and the main elements that support the
mission of the e-University; and
9.
to hold conferences and
seminars, and engage the community sectors in the various activities of the
HBMEU.
Chapter Two
Management of the HBMEU Affairs
Organisational Structure of the HBMEU
Article (7)
The organisational
structure of the HBMEU will be comprised of:
I.
The President
II.
the Board of Governors;
III.
the Chancellor;
IV.
the Council; and
V.
the Vice Chancellor.
I. President
1. The President will be appointed pursuant to a
decree of the Ruler.
2. The President will have the duties and powers to:
a. appoint the Chairman and members of the Board of
Governors;
b. appoint the Chancellor;
c. appoint the Vice Chancellor;
d. issue the implementing bylaw of this Law; and
e. issue the guidelines and instructions required for
directing the policies that the HBMEU must adopt.
II. Board of Governors
Formation of the Board of
Governors
Article (9)
1. The Board of Governors will be comprised of a
Chancellor, a Vice Chancellor, and a number of experienced and specialised
members appointed by a resolution issued by the President.
2.
The term of membership
of the Board of Governors will be for a renewable period of four (4) years.
3.
The President may
terminate the membership of any member of the Board of Governors and appoint
another member to replace the terminated member, or any other member whose
office falls vacant, until the expiry of the prescribed term of membership of
the Board of Governors.
4.
The Chancellor will
appoint a secretary who will be responsible for taking minutes of meetings and
documenting them in a special record signed by the Chancellor or his
representative.
Meetings of the Board of Governors
Article (10)
1.
The Board of Governors
will hold at least two (2) ordinary meetings every year, and the Chancellor
will determine the place and time of such meetings, and will notify the members
thereof in writing at least thirty (30) days prior to the meeting scheduled
date.
2.
Extraordinary meetings may be held upon a
request by the Chancellor or upon a written request submitted by at least three
(3) members of the Board of Governors, in which case members of the rest of the
Board of Governors will be notified of the meeting in writing at least two (2)
weeks prior the meeting scheduled date.
3.
Meetings of the Board of Governors will be
valid if attended by the majority of its members, provided that the Chancellor
or Vice-Chancellor is in attendance. The Board of Governors will issue its
resolutions by the majority vote of attending members, and in the event of a
tie, the chair of the meeting will have a casting vote.
The Board of
Governors will have the duties and powers to:
1.
undertake the general
supervision of the management of the HBMEU;
2.
set and follow-up the
implementation of the general policy of e-learning and scientific research at
the HBMEU;
3.
effectively contribute
to the advancement; guidance; and continuous performance appraisal of the
HBMEU;
4.
approve the strategic
plan of the HBMEU in line with the strategic plans of the Emirate;
5.
approve the financial policy and the annual
budget of the HBMEU;
6.
appraise and approve
the annual report on the activities and achievements of the HBMEU;
7.
nominate a manager for
appointment;
8.
approve educational
programmes and approve establishing specialised colleges, institutes, and
centres affiliated to the HBMEU;
9.
approve the awarding of
academic degrees and certificates;
10.
determine tuition fees;
11.
appoint the HBMEU
auditors, determine their remuneration, and approve their reports; and
12.
perform any other
duties and functions that are relevant to the work of the Board of Governors as
assigned by the President.
III. Chancellor
Appointing the Chancellor and Determining His Functions
Article (12)
1. The Chancellor will be appointed by a resolution
issued by the President and will be responsible to the President and to the
Board of Governors for exercising the duties and powers assigned to him.
2. The Chancellor will have the duties and functions
to:
a. implement the general policy of the HBMEU, in a
manner that ensures the achievement and furtherance of its objectives;
b. perform all the acts and activities he deems
conducive to performing his duty to achieve the sustainable development of the
HBMEU in accordance to the applicable laws and bylaws;
c. supervise the academic and administrative staff of
the HBMEU;
d. submit reports to the President and the Board of
Governors on the activities of the HBMEU; and
e. appoint Assistants, and academic and administrative
staff of HBMEU.
IV. Council
Formation of the Council
Article (13)
1. The Council will be formed pursuant to a resolution
of the Chancellor, under the chairmanship of the Chancellor, and with the
membership of:
a. Vice Chancellor as deputy chairman;
b. Assistant Vice Chancellors; and
c. a number of academic and administrative staff.
2.
The Chancellor may
invite any experts or specialists he deems appropriate to attend the meetings
of the Council without the right to vote on the Council resolutions.
3.
The Chancellor will
appoint, from among the HBMEU staff, a secretary for the Council who will be
responsible for taking minutes of meetings and documenting them in a special
record signed by the Chancellor or his representative.
1. The Council will hold at least three (3) ordinary
meetings every year, at the invitation of the Chancellor, or Vice Chancellor in
case of absence of the Chancellor. The Chancellor will determine the place and time
of such meetings and will notify members of each meeting at least thirty (30)
days prior to the scheduled date of that meeting.
2. Extraordinary meetings may be held upon a request
of the Chancellor or upon a written request submitted by at least three (3)
Council members, in which case the other members of the Council will be
notified of the date and place of the meeting at least two (2) weeks prior to
the meeting scheduled date.
3. A Council
meeting will be valid if attended by the majority of its members, provided that
the Chancellor or Vice Chancellor is in attendance. The Council will issue its
resolutions by majority vote of the attending members, and in the event of a
tie, the chair of the meeting will have a casting vote.
Duties and Functions of the Council
Article (15)
The
Council will supervise all the academic and administrative affairs of the
HBMEU. For this purpose, the Council may:
1.
develop the strategic
plans of the HBMEU, in line with the strategic plans of the Emirate, and submit
these to the Board of Governors for approval;
2.
approve the annual
operational plan and performance indicators of the academic and administrative
units of the HBMEU;
3.
approve and develop the
educational curricula and plans of the HBMEU;
4.
encourage scientific
research, authorship, translation, and publishing, in accordance with the rules
and conditions set by the Council;
5.
approve student
admission rules, and the requirements for transfer from and to the HBMEU;
6.
make
recommendations in respect of awarding
academic certificates and degrees;
7.
suggest educational programmes;
and establish colleges, institutes, and specialised centres;
8.
establish, merge, or
shut down academic departments at colleges;
9.
establish academic and
professional societies, and grant approval for holding seminars and
conferences;
10.
decide on the promotion
of faculty members, in accordance with the prescribed rules;
11.
set the annual academic
calendar in accordance with the general framework of study;
12.
manage academic
relations with other universities and scientific research centres;
13.
form permanent and
temporary committees and boards in the HBMEU, and determine their powers and
terms of reference;
14.
approve the internal
bylaws of the colleges, institutes, and specialised centres of the HBMEU;
15.
submit to the Board of
Governors appropriate recommendations concerning levels of academic performance
and achievements at the HMEU; and
16.
perform any other
duties or powers that are related to the nature of the work of the Council as
assigned by the Board of Governors.
1. The Vice Chancellor will be appointed by a
resolution of the President upon the recommendation of the Board of Governors.
2. The Vice Chancellor will assist the Chancellor in
all the academic, administrative, and financial affairs of the HBMEU.
The financial resources
of the HBMEU will consist of:
1.
the support allocated
to the HBMEU in the general budget of the Emirate;
2.
tuition fees;
3.
the revenue generated
from the activities and projects undertaken by the HBMEU, and the revenue generated
from the property owned by the HBMEU;
4.
gifts, bequests, aid,
and endowments accepted by the Board of Governors; and
5.
any other resources approved
by the Board of Governors.
The HBMEU will manage
its property in accordance with the bylaws adopted by it in this respect. The
HBMEU may own, possess, sell, take lease of, and dispose of real property, programmes,
and equipment, as required for, and relevant to, achieving the objectives of
the HBMEU.
1.
In regulating its
accounts and records, the HBMEU will apply the rules and principles of
commercial accounting, in accordance with internationally recognised standards.
2.
The financial year of
the HBMEU will commence on 1 January and will end on 31 December of each year,
except that the first year will commence on the effective date of this Law, and
will end on 31 December of the following year.
Decree No. (27) of 2005 Establishing the
e-College of Total Quality Management (“e-TQM College”) is hereby repealed.
1. All
rights, obligations, assets, and property of the e-TQM College are hereby
transferred to the HBMEU.
2. All
employees of the e-TQM College are hereby transferred to the HBMEU without
prejudice to their existing rights.
Law No. (27) of 2006 Concerning Management of the Government of Dubai
Human Resources will apply to the Employees of the HBMEU.
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 31 May
2009
Corresponding to 7 Jumada al-Thaniyah 1430 A.H.
©2019 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.