Law No. (35) of
2009
Concerning
Management of the
Public Funds of the Government
of Dubai[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law
No. (3) of 2007 Establishing the Financial Audit Department and its amendments;
Law
No. (5) of 1995 Establishing the Department of Finance and its amendments;
Law
No. (7) of 1995 Concerning the Financial Regulations of Government
Departments in the Emirate of Dubai;
Law
No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law
No. (18) of 2006 Concerning Management and Realisation of the Public Funds of
the Government of Dubai;
Decree
No. (24) of 2007 Forming the Supreme Fiscal Committee of the Emirate of Dubai;
Law
No. (11) of 2006 Establishing the Investment Corporation of Dubai and its
amendments;
Law
No. (7) of 2008 Concerning the Public Debt Procedure; and
Law
No. (14) of 2009 Concerning the Pricing of Government Services in the Emirate
of Dubai,
Do hereby issue this Law.
This
Law will be cited as " Law No. (35) of 2009 Concerning Management of the Public
Funds of the Government of Dubai".
The
following words and expressions, wherever mentioned in this Law, will have the
meaning indicated opposite each of them unless the context implies otherwise:
|
Emirate: |
The Emirate of
Dubai. |
|
Government: |
The Government of
Dubai. |
|
Executive
Council: |
The Executive
Council of the Emirate. |
|
Department: |
The Department of
Finance. |
|
Supreme
Committee: |
The Supreme
Fiscal Committee of the Emirate of Dubai. |
|
Government
Entity: |
Government departments,
public authorities, public corporations, Government authorities and councils,
and any other entities affiliated to the Government, including free zone
authorities. |
|
Government
Companies: |
Corporations and
companies wholly owned by the Government, or in which the Government or any
Government Entity is a shareholder. |
|
Public
Treasury: |
The general Revenues
account of the Government. |
|
Revenues: |
Any financial
returns resulting from the conduct of various activities by Government
Entities. This includes prices, charges, profits, fees, taxes, and fines. |
|
Financial
Autonomy: |
The legal status
accorded to a Government Entity by virtue of a legislation which provides
that the Government Entity has a budget that is independent of the general
budget of the Government. |
|
Temporary
Advance: |
An amount allocated
to cover expenses in connection with an activity or event to which no allocations
are made in the general budget. |
Annual
budgets of all Government Entities will be included in the general budget of
the Government. These entities must comply with the policies, procedures, and
instructions issued by the Department in this respect. This does not apply to
entities which have independent budgets in accordance with the provisions and
conditions stipulated in Article (5) of this Law.
The
Department will prepare a supplementary annual budget for the entities which
receive annual support from the Government, such as associations, sports clubs,
and the like. These entities must provide the Department with complete
financial statements of their estimated budgets and final accounts at the
beginning and at the end of each financial year, as well as any other
statements required by the Department.
a.
A
Government Entity is considered as having Financial Autonomy and an independent
budget if its establishing legislation and the nature of its business so
require. Such an entity must:
1.
not
obtain allocations or appropriations from the general budget except as loans;
2.
submit
its annual budget to the Supreme Committee for discussion and approval, after
the Supreme Committee presents it to the Department for opinion;
3.
prepare
all statements relating to its approved budget and final accounts at the
beginning and at the end of each financial year, and submit these statements to
the Department;
4.
comply
with the financial provisions of all local legislation in force, including those
relating to public debt, loans, approval and collection of fees and taxes,
financial audit, and submission of financial statements and reports to the concerned
entities; and
5.
transfer
the surplus of its annual Revenues to the Investment Corporation of Dubai.
The
Executive Council will approve Government fees, fines, and taxes pursuant to a resolution
issued by it at the request of the relevant Government Entity and upon the recommendations
of the Department.
All
Revenues collected by the Government Entities whose budgets are included in the
general budget of the Government will be paid to the account of the Government
Public Treasury. These entities may not retain or use any portion of their Revenues,
spend Revenues on their activities or investments, or set off their Revenues
against expenditure.
a.
The
profits of Government Companies and of Government investments, and the surplus of
the Revenues of entities that have Financial Autonomy will be considered part
of the public Revenues. The Investment Corporation of Dubai will manage these
investments and surpluses, and will transfer distributed profits to the Public
Treasury.
b.
Subject
to the approval of the Supreme Committee and recommendations of the Department,
and in coordination with the Investment Corporation of Dubai, the profits of
Government Companies and of Government investments, and the surpluses of entities
that have Financial Autonomy, may be re-invested before being transferred to
the Public Treasury of the Government, provided that the Department is provided
with the complete financial statements of distributed and non-distributed
profits, and realised surpluses to be accounted for as general Revenues of the
Government.
a.
Government
Entities whose budgets are included in the general budget of the Government must
transfer to the Department, in accordance with the instructions issued by the
Department in this respect, all amounts deposited with them by clients as
refundable security or other refundable deposits.
b.
A
Government Entity will maintain the necessary detailed registers of the amounts
received as security and transferred to the Department, including the amount,
name of owner, reasons, date, and refund conditions of each deposit or security.
c.
On
the due date for refund of the amount of deposit or security, the Government
Entity will request the Department, through a letter, other than the letter
stating the Government Entity’s periodical needs from the budget, to refund this
amount.
d.
The
Department will issue the instructions and prescribe the forms that are required
for the accounting and administrative procedures related to refundable security
and deposits, and Government Entities must comply with these instructions and
forms.
a.
The
total estimated Revenues for a financial year will be allocated to cover all
estimated public expenditure for the same year. Particular Revenues may not be allocated
to cover particular expenditures, and collected Revenues may not be set off
against expenditure.
b.
Government
Entities must apply the policies, procedures, instructions, guides, and forms
that are approved by the Department with respect to public expenditure.
c.
The
Department will issue the instructions and prescribe the procedures to be
followed to make payments for projects contracted by a Government Entity.
In
case a Government Entity organises, or is instructed to organise, an activity
or event that requires expenditures not included in the general budget, these
expenditures will be covered by a Temporary Advance which will be provided, and
whose amount will be determined, by the Department at the request of the
Government Entity. This Temporary Advance will be settled pursuant to the
documents evidencing the items of expenditure, in accordance with the financial
procedures adopted in this respect.
1.
Government
Entities may not enter into any contracts or financial commitments with other entities
to implement any projects that are not included in the general budget without first
obtaining the relevant approval of the Department.
2.
Government
Entities must notify the Department of all medium or long-term financial commitments
they incur.
The Chairman of the Executive Council will issue the resolutions required
for the implementation of this Law.
The
above-mentioned Law No. (18) of 2006 is hereby repealed, and any other
provision in any other legislation will also be repealed to the extent that it
contradicts the provisions of this Law.
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 14 December 2009
Corresponding to 27 Thu al-Hijjah 1430 A.H.
© 2014 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.