Establishing the
Dubai
Community Contributions Establishment[1]
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We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law
No. (5) of 1995 Establishing the Department of Finance;
Law
No. (2) of 2011 Concerning the Islamic Affairs and Charitable Activities
Department;
Law
No. (8) of 2015 Concerning the Community Development Authority in Dubai;
Law
No. (1) of 2016 Concerning the Financial Regulations of the Government of
Dubai, its Implementing Bylaw, and their amendments;
Law
No. (12) of 2017 Regulating Civil Society Organisations in the Emirate of
Dubai;
Law
No. (14) of 2017 Regulating Endowments and Gifts in the Emirate of Dubai;
Law
No. (17) of 2022 Concerning the Endowment and Minors’ Trust Foundation in
Dubai;
Law
No. (22) of 2023 Concerning the Dubai Digital Authority;
Law
No. (26) of 2023 Concerning the Executive Council of the Emirate of Dubai;
Decree
No. (9) of 2015 Regulating the Raising of Donations in the Emirate of Dubai;
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; and
Executive
Council Resolution No. (26) of 2013 Concerning Charitable Associations,
Bounteous Quran Memorisation Centres, and Islamic Foundations in the Emirate of
Dubai,
Do hereby issue this Law.
This Law will be cited as “Law No. (3) of 2024
Establishing the Dubai Community Contributions Establishment”.
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. |
|
Executive Council: |
The Executive Council of the Emirate of Dubai. |
|
IACAD: |
The Islamic Affairs and Charitable Activities
Department. |
|
CDA: |
The Community Development Authority in Dubai. |
|
DCCE: |
The Dubai Community Contributions Establishment. |
|
Jood Platform: |
The Dubai Community Contributions Platform “Jood”
owned by the DCCE. |
|
Board of Trustees: |
The board of trustees of the DCCE. |
|
Executive Director: |
The executive director of the DCCE. |
Pursuant to this Law, a private public benefit non-profit
establishment named the “Dubai Community Contributions Establishment” is
established. The DCCE will have legal personality, and the legal capacity
required to undertake all acts and dispositions that ensure the achievement of
its objectives.
The head office of the DCCE will be
located in the Emirate. Other branches and offices of the DCCE may be
established within the Emirate pursuant to a resolution
of the Board of Trustees.
The DCCE will have the following
objectives:
1.
to
contribute to supporting and sustaining social development
in the Emirate by channelling the contributions made by the private sector,
individuals, and the community, as well as the other financial resources allocated
for supporting various social programmes and groups;
2.
to address community needs and
provide the necessary support to the needy;
3.
to promote social solidarity among
members of the community and reduce reliance on government humanitarian
support;
4.
to contribute to promoting social
responsibility in the field of charitable and philanthropic activities;
5.
to contribute to enhancing integrity
in managing the property of Charitable Activities and to implementing sound
policies in Donation management, in accordance with best international
practices;
6.
to encourage engagement by Government
Entities and the private sector, and consolidate their efforts, in supporting
humanitarian cases in the Emirate, by making contributions and providing support
to community projects and initiatives; and
7.
to provide reliable means for
charitable giving and channelling the same towards improving the quality of
life of community members.
The DCCE will develop and manage the Jood
Platform, and will exercise all the duties and powers required for the
achievement of its objectives. Without prejudice to the powers and functions of
the concerned Government Entities under the legislation in force, the DCCE
will, in coordination with the concerned entities where necessary, have the
duties and powers to:
1.
develop, and follow up
implementation of, the strategic plans and general policies of the DCCE, as
required for the achievement of its objectives;
2.
develop plans for raising Donations
and securing financing resources through Jood Platform, in line with the adopted
general policy and strategic plans of the DCCE, as well as the legislation in
force in the Emirate;
3.
propose and review legislation that may
encourage the engagement of the public and private sectors in fields related to
the activities of the DCCE;
4.
operate Jood Platform and promote it
locally. The operation and management of Jood Platform are subject to the
electronic security requirements and to any polices, rules, and standards adopted
by the Dubai Digital Authority in respect of electronic security, the
development of Platforms and Digital Services, and using Shared Services;
5.
develop institutional policies,
rules, requirements, procedures, processes, and standards for Donations meant for
the humanitarian cases to be supported by the DCCE and for all other matters
required for the achievement of the objectives of the DCCE;
6.
list on Jood Platform the community
projects, initiatives, and products offered by the DCCE partners, including
Charitable Associations, Civil Society Organisations, Government Entities, and
others; and determine the Donation amounts needed for these projects,
initiatives, and products, in accordance with the standards set and adopted by
the DCCE in coordination with those associations, organisations, and entities;
7.
administer and allocate donations to
support the most urgent humanitarian cases in the Emirate by integrating and
linking the relevant electronic systems for processing requests for
humanitarian support;
8.
enhance the efficiency of providing
services related to supporting humanitarian cases by ensuring transparency in
documenting and following up on the support provided to these cases;
9.
collaborate with Civil Society Establishments, Civil Society Associations,
Charitable Associations, Government Entities, and non-government entities in
areas relevant to achieving the DCCE's objectives;
10. liaise
and coordinate with the Concerned Entities and the DCCE’s partners in respect
of implementing the programmes, projects, activities, and initiatives that
contribute to achieving the objectives of the DCCE;
11. conclude
agreements and memoranda of understanding with the Concerned Entities within
and outside of the Emirate in fields that are relevant to the achievement of
the objectives of the DCCE;
12. establish
companies and corporations, either solely or in partnership with other persons,
in fields that are relevant to the work of the DCCE;
13. own
and take lease of real property, movable property, materials, devices,
equipment, and systems as required to enable the DCCE to exercise its duties
and powers under this Law and the resolutions issued in pursuance hereof; and
14. exercise
any other duties or powers required for the achievement of the DCCE objectives,
as assigned to it by the Ruler or the Chairman of the Executive Council.
The organisational structure of the DCCE will be
comprised of:
1.
the
Board
of Trustees; and
2.
the
executive
body.
a.
The
DCCE will
have a Board of Trustees comprised of a chairman, a vice chairman, and a number
of other experienced and specialised members. The number of the Board of Trustees
members may neither be less than five (5) nor more than nine (9), including the
chairman and vice chairman of the Board of Trustees. Members of the Board of
Trustees will be appointed pursuant to a decree of the Ruler for a renewable
term of three (3) years.
b.
In
the event of absence of the chairman of the Board of Trustees, or where his
post falls vacant for any reason, the vice chairman of the Board
of Trustees will act as the chairman and exercise all his functions under this
Law. However, where the position of the chairman of the Board of Trustees falls
permanently vacant for any reason whatsoever, a new chairman will be appointed
pursuant to a resolution issued by the Ruler.
a.
The
Board of Trustees will undertake general supervision of the DCCE, manage its
affairs, and ensure that it performs its functions under this Law, the
resolutions issued in pursuance hereof, and other legislation in force in the
Emirate. In particular, the Board of Trustees will have the duties and powers
to:
1.
approve,
and
supervise the implementation of, the general policy and strategic and
development plans of the DCCE;
2.
approve the vision, mission, values,
and the future orientations of the DCCE in line with the governance principles
adopted by the DCCE in this respect;
3.
approve the draft annual budget and
Financial Statements of the DCCE;
4.
approve the organisational structure
of the DCCE;
5.
approve the resolutions, bylaws, and
regulations governing the administrative, financial, and technical work of the
DCCE, including the human resources regulations of the DCCE;
6.
approve the projects, initiatives,
activities, programmes, and awareness campaigns that contribute to the
achievement of the objectives of the DCCE;
7.
establish, in coordination with the
Concerned Entities, the rules regulating the acceptance of the grants, gifts,
Donations, and endowments offered to the DCCE; the use of their proceeds; and
the channels and conditions for spending and investing these proceeds, in
accordance with the legislation in force in the Emirate;
8.
develop and follow up on the implementation of the investment
plans aimed at enabling the DCCE to self-finance its programmes, projects, and
administrative affairs, in a manner that achieves financial sustainability;
9.
appoint the Executive Director, and
determine his powers and remuneration;
10. approve
charges for the services provided by the DCCE;
11. approve
the annual report on the activities, performance, and achievements of the DCCE;
and submit the same to the Executive Council;
12. appoint,
dismiss, and determine the remuneration of, external auditors; review the
reports and notes submitted by these auditors at the end of each Financial
Year; and present the same to the CDA;
13. form
permanent and temporary committees and work teams, and determine their
functions and terms of reference; and
14. exercise
any other duties or powers related to the achievement of the objectives of the
DCCE.
b.
With
the exception of its powers under sub-paragraphs (a)(1), (a)(2), (a)(3),
(a)(4), (a)(5), (a)(9), (a)(10), and (a)(12) of this Article, the Board of
Trustees may delegate any of its powers to any of its members, or to the
Executive Director, provided that such delegation is specific and in writing.
a.
The
Board
of Trustees will convene at the invitation of its chairman, or vice chairman
where the chairman is absent, at least once every two (2) months or where
necessary. 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.
b.
Resolutions and recommendations of the Board of
Trustees will be passed by majority vote of the attending members; and in the
event of a tie, the chair of the meeting will have a 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 attending members.
A rapporteur will be appointed to the Board of Trustees by its chairman. The rapporteur will be responsible for sending meeting invitations to the members of the Board of Trustees, preparing its meeting agendas, recording its minutes of meetings, following up the implementation of the Board of Trustees resolutions and recommendations, and performing any other duties assigned to him by the chairman of the Board of Trustees.
e.
The
Board of Trustees may invite experts and specialists, as it
deems appropriate, to attend its meetings to assist it in performing its
duties. These experts and specialists will not have a vote in the deliberations
of the Board of Trustees.
a.
The
executive body of the DCCE will be comprised of the Executive Director and a
number of administrative, finance, and technical employees.
b.
The executive body will be responsible for
performing the operational work of the DCCE, implementing its approved policies and strategic
plans, and following up on the implementation of the resolutions passed by the
Board of Trustees.
c.
The
procedures and terms of appointment, and all
employment rights and duties, of the employees of the of the DCCE will be
determined pursuant to the relevant human resources regulations approved by the
Board of Trustees.
a.
The
Executive
Director will be appointed by a resolution of the chairman of the Board of
Trustees.
b.
The
Executive
Director will be directly responsible to the Board of Trustees for performing
his functions 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 the DCCE objectives and enables it to perform its functions. In
particular, the Executive Director will have the duties and powers to:
1.
prepare the general policy and the
strategic, development, and operational plans of the DCCE, submit the same to
the Board of Trustees for approval, and follow up on their implementation;
2.
prepare the draft annual budget and
Financial Statements of the DCCE, and submit the same to the Board of Trustees
for approval;
3.
prepare the organisational structure
of the DCCE, and submit the same to the Board of Trustees for approval;
4.
prepare the resolutions, bylaws, and
regulations governing the administrative, financial, and technical work of the
DCCE, including the human resources regulations; and submit the same to Board
of Trustees for approval;
5.
supervise the daily work of the
executive body of the DCCE, and the activities and services it performs;
6.
supervise the implementation of the
projects, programmes, and initiatives supported by the DCCE;
7.
propose the projects, programmes,
and initiatives of the DCCE; submit the same to the Board of Trustees for
approval; and supervise the implementation of the same;
8.
prepare an annual report on the
activities and achievements of the DCCE, and submit the same to the Board of
Trustees for approval;
9.
approve financial transactions
subject to the rules stipulated in the financial regulations and bylaws
applicable to the DCCE and the table of financial approval powers adopted by
Board of Trustees;
10. represent
the DCCE before third parties and judicial authorities; and conclude contracts,
agreements, and memoranda of understanding to which the DCCE is a party, in
accordance with the relevant powers granted to him by the Board of Trustees;
11. propose
the establishment of all types of companies and establishments with a view to
achieving the objectives of the DCCE; and submit the same to the Board of
Trustees for approval;
12. submit
annual reports on the performance of the DCCE to the Board of Trustees to
review the same and make the appropriate decisions in respect thereof;
13. propose
fees and charges for the services provided by the DCCE; and submit the same to
the Board of Trustees for approval;
14. open
and manage bank accounts within the Emirate subject to the approval of the
Board of Trustees and in accordance with legislation in force in the Emirate;
and
15. exercise
any other duties or powers related to the achievement of the objectives of the
DCCE, as assigned or delegated to him by the Board of Trustees.
c.
The
Executive Director may delegate to any of the DCCE
employees any of his powers under paragraph (b) of this Article, provided that
such delegation is specific, in writing, and in accordance with the relevant
table of approval powers adopted by the Board of Trustees.
The DCCE may, for the purpose of
achieving its objectives and in accordance with the legislation in force,
outsource any of its functions under this Law to any public or private entity
pursuant to an agreement concluded with that entity in this
respect. This agreement will determine the rights and obligations of the DCCE
and the contracted entity, as well as the requirements that the entity must
observe when performing the functions outsourced to it by the DCCE.
a.
The
financial
resources of the DCCE will consist of:
1.
the financial support provided to
the DCCE by the Government;
2.
fees and charges for services
provided by the DCCE;
3.
the grants, gifts, and proceeds of
endowments received by the DCCE and accepted by the Board of Trustees in
accordance with the legislation in force;
4.
Donations raised by the DCCE in
accordance with the legislation in force;
5.
proceeds of the movable and
immovable property owned by or allocated to the DCCE; and
6.
any other resources secured by the
DCCE through conducting its activities and approved by the Board of Trustees.
b.
The
provisions
of the above-mentioned Law No. (1) of 2016 and its Implementing Bylaw, and the
relevant agreements made with the Department of Finance, will apply to the
support provided to the DCCE in accordance with sub-paragraph (a)(1) of this
Article.
c.
The
standards
and rules governing deductions from the Donations raised to cover the operating
and administrative expenses and costs of the DCCE will be determined pursuant
to a resolution of the Board of Trustees and in coordination with the IACAD.
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, the DCCE will apply the relevant accounting rules and
principles approved by the Board of Trustees.
b.
The
Financial Year of the DCCE will commence on 1 January
and will end on 31 December of each Year, except that the first Financial Year will
commence on the date on which this Law comes into force and will end on 31
December of the following Year.
The DCCE will provide a donor with periodic
reports on the amount of his Donations and the charitable and humanitarian
projects for which these Donations are allocated.
The
Government will not be liable to third parties for any debts or obligations
arising from conducting the activities of the DCCE,
nor for the DCCE’s exercise of the functions assigned to it under this Law and
the resolutions issued in pursuance hereof in a manner that conflicts with its
objectives. The DCCE will be solely liable to third parties for such debts and
obligations.
The CDDE will be governed by the
legislation applicable to the IACAD and CDA, particularly the above-mentioned
Law No. (12) of 2017, Decree No. (9) of 2015, Decree No. (9) of 2022, the
instructions and directives issued by them, and Executive Council Resolution
No. (26) of 2013.
The DCCE may be voluntarily dissolved, provided that
the CDA, in coordination with the IACAD, considers the liquidation application
and appoints one or more liquidator(s) in accordance with the legislation in
force. In this case, the DCCE will be dissolved or liquidated pursuant to a
decree of the Ruler.
The chairman of the Board of Trustees will, subject
to the approval of the Board of Trustees, issue the resolutions required for
the implementation of the provisions of this Law.
Any provision in any other legislation is 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 1 March 2024
Corresponding
to 20 Shaban1445 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.