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Decree

أسئلة قانونية إماراتية عامةDecree No. (1) of 2023

قانون دبي·1 of 2023

تاريخ الإصدار
6 فبراير 2023
ساري المفعول من
6 فبراير 2023
المواد
32
آخر مزامنة
20 يوليو 2026
تنزيل PDFالمصدر الرسمي

ملخّص بلغة مبسّطة

ينظم حوكمة المجالس واللجان التابعة لحكومة دبي، ويحدد مدة العضوية وواجبات الرئيس ومعايير تضارب المصالح والتزامات السرية.

متزامن من البوّابة الرسمية للتشريعات الإماراتية · ملخّص تحريري من فريق LEXAI

النص على مستوى المادة

المواد الرئيسية

32 مواد

النص الإنجليزي معروض — الترجمة العربية قيد الإعداد.

  1. 1

    المادة 1

    Article (1) The following words and expressions, wherever mentioned in this Decree, will have the meaning indicated opposite each of them unless the context implies otherwise: Emirate: The Emirate of Dubai. Government: The Government of Dubai. ©2023 The Supreme Legislation Committee in the Emirate of Dubai 1Every 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.

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    Decree No. (1) of 2023 Concerning Governance of the Councils/ Boards and Committees Affiliated to the Government of Dubai Page 2 of 21 Competent Authority: His Highness the Ruler of Dubai or the Chairman of the Executive Council. Executive Council: The Executive Council of the Emirate of Dubai. General Secretariat: The General Secretariat of the Executive Council. Government Entity: Any of the Government departments, public agencies or corporations, Government Councils/ Boards, or other entities affiliated to the Government. Council/ Board: A council/ board that takes any of the forms determined in this Decree and that is established, in the Emirate or at a Government Entity, by the Competent Authority, to perform the roles and functions assigned thereto under this Decree and the legislation in force in the Emirate. Committee: Any temporary or permanent committee that takes any of the forms determined in this Decree and that is established, in the Emirate or at a Government Entity, by the Competent Authority to perform the roles and functions assigned thereto under this Decree and the legislation in force in the Emirate. Chairman: The chairman of a Council/ Board or Committee. Head of Government Entity: This includes the director general, secretary general, or executive director/ chief executive officer of a Government Entity; or a person holding a similar position. Member: A member of a Council/ Board or Committee. Ex-officio Membership: This includes the membership of a Chairman or Member appointed to a Council/ Board or Committee by virtue of the position he holds at the entity represented in that Council/ Board or Committee. Personal Membership: This includes the membership of a Chairman or Member appointed, in his personal capacity, to a Council/ Board or Committee based on his specialised qualifications, experience, and skills that are deemed conducive to the achievement of the objectives of that Council/ Board or Committee.

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    Decree No. (1) of 2023 Concerning Governance of the Councils/ Boards and Committees Affiliated to the Government of Dubai Page 3 of 21 Rapporteur: The rapporteur of a Council/ Board or Committee appointed pursuant to the provisions of this Decree. Terms of Reference: A document that prescribes the frameworks and internal processes of the work of a Council/ Board or Committee and that is developed and approved in accordance with the provisions of this Decree. Scope of Application

  2. 2

    المادة 2

    Article (2) The provisions of this Decree apply to the Councils/ Boards and Committees determined pursuant to the relevant resolution of the Chairman of the Executive Council, and to any other Council/ Board or Committee to which the application of this Decree is extended pursuant to a resolution of the Competent Authority. Objectives of the Decree

  3. 3

    المادة 3

    Article (3) This Decree aims to: 1. support the decision-making process at the Government by establishing a clear and specific governance framework for Councils/ Boards and Committees; 2. achieve consistency in the establishment and formation of Councils/ Boards and Committees by standardising the rules, procedures, and regulations governing their work, with a view to achieving the objectives for which these Councils/ Boards and Committees are established and formed; 3. uphold the principles of accountability, integrity, and impartiality by achieving transparency in reporting performance outcomes and in establishing sound relationships with all parties; 4. benefit from experienced and competent professionals in the decision-making process; and 5. ensure effective engagement of all sectors and segments of society, including qualified women, in the decision-making process. Scope of Work of Councils/ Boards and Committees

  4. 4

    المادة 4

    Article (4) The scope of work of a Council/ Board or Committee will be determined as follows: 1. Across the Emirate: The scope of work will cover the entire Emirate or a specific sector therein;

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    Decree No. (1) of 2023 Concerning Governance of the Councils/ Boards and Committees Affiliated to the Government of Dubai Page 4 of 21 2. At a Government Entity: The scope of work will be limited to a Government Entity. Key Roles of Councils/ Boards and Committees

  5. 5

    المادة 5

    Article (5) A Council/ Board or Committee will undertake one of the following key roles: 1. Supervisory role: This role involves developing the general policies, setting the strategic orientation, and undertaking general supervision of the operations and the governance systems and rules. The Council/ Board or Committee undertaking this role is vested with the decision-making authority. 2. Advisory role: This role is limited to providing support and advice. The Council/ Board or Committee undertaking this role is not vested with the decision-making authority. 3. Coordinating role: This role involves coordination among concerned entities in the Emirate in respect of strategic and operational matters. The Council/ Board or Committee undertaking this role will not be vested with the decision-making authority. Forms and Functions of Councils/ Boards and Committees

  6. 6

    المادة 6

    Article (6) The form of a Council/ Board or a Committee will be determined based on its role as follows: a. Supreme Councils/ Boards and Committees: Each of these Councils/ Boards and Committees will have a supervisory role and will be established or formed in the Emirate or for a specific sector therein to undertake the following: 1. developing and supervising the general policy and strategic orientation of specific sectors or certain matters; 2. developing the strategic plans for achieving the objectives for which it is established or formed, and devise the action plans required for ensuring the implementation of the approved policies and strategies; 3. promoting and enhancing the performance of the sector or matter it supervises; 4. proposing the policies and legislation that ensure the achievement of the desired objectives and the performance of its functions; 5. forming work teams and sub-committees to assist it in performing its duties, approving their terms of reference, and following up their work; and

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    Decree No. (1) of 2023 Concerning Governance of the Councils/ Boards and Committees Affiliated to the Government of Dubai Page 5 of 21 6. performing any other duties stipulated in the legislation establishing or regulating it. b. Advisory Committees: Each of these Committees will have a supervisory role and will be formed in the Emirate or at a Government Entity to undertake the following: 1. providing support and advice to the Government or the Government Entity on all matters related to its strategic plans, policies, and legislation that fall within the Committee’s scope of work; 2. conducting the necessary research and studies, and providing technical information on the matters assigned to it; 3. proposing the appropriate solutions for the issues and challenges referred to it, and submitting the relevant recommendations on the same to the concerned entities; and 4. performing any other duties stipulated in the legislation establishing or regulating it. c. Coordinating Committees: Each of these Committees will have a coordinating role and will be formed in the Emirate to undertake the following: 1. developing integrated work plans and procedures for coordination between the concerned entities with a view to ensuring effective performance of their respective roles and adopting a shared vision for achieving the desired objectives; 2. establishing effective communication and consultation channels amongst the concerned entities with a view to efficiently and effectively achieving the desired objectives; 3. achieving integration and cooperation amongst the concerned entities on the development initiatives and proposals, and on sharing experiences and exchanging expertise; 4. proposing appropriate solutions for the issues and challenges referred to it, and submitting the relevant recommendations on the same to the concerned entities; and 5. performing any other duties stipulated in the legislation establishing it or regulating its work. d. Boards of Directors: Each of these Boards will have a supervisory role and will be formed at a Government Entity to undertake the following: 1. providing the strategic orientation and developing the general policies of its Government Entity, undertaking general supervision of its work, and ensuring the achievement of its objectives and the effectiveness of its institutional governance;

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    Decree No. (1) of 2023 Concerning Governance of the Councils/ Boards and Committees Affiliated to the Government of Dubai Page 6 of 21 2. reviewing and approving the strategic and operational plans related to the work, activities, objectives, and supporting policies of its Government Entity; supervising their proper implementation; and conducting periodic reviews thereof; 3. nominating the Head of Government Entity and presenting the nomination to the Competent Authority for approval, where the legislation establishing or regulating the Government Entity is silent on the appointment process; 4. evaluating the performance of the Head of Government Entity based on the key performance indicators, and his approved performance plan; 5. providing counsel and guidance to the Head of Government Entity; 6. reviewing reports on the work, activities, and achievements of its Government Entity, including annual reports, financial reports, and performance reports; 7. approving the draft annual budgets and financial statements of its Government Entity, and submitting the same to the competent entities in the Emirate for final approval; 8. appointing, dismissing, and determining the remuneration of, external auditors; and reviewing the reports and notes submitted by these auditors at the end of each financial year; 9. overseeing the design, development, and implementation of effective general frameworks for risk management, business continuity, and internal audit; 10. supervising the effective implementation of the principles, systems, and practices of good governance; 11. promoting institutional values and professional conduct and ethics, and ensuring compliance with the code of conduct; 12. reviewing and approving the organisational structure of its Government Entity, and presenting the same to the competent entities in the Emirate for final approval; 13. submitting annual reports and performance reports to the Executive Council through the General Secretariat; 14. forming work teams and sub-committees to assist it in performing its duties, approving their respective terms of reference, and following up their work; 15. ensuring full compliance by its Government Entity with the applicable legislation;

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    Decree No. (1) of 2023 Concerning Governance of the Councils/ Boards and Committees Affiliated to the Government of Dubai Page 7 of 21 16. ensuring the implementation of an effective strategy for communication with the community and all stakeholders, reflecting commitment to the principles of transparency and accountability; and 17. performing any other duties stipulated in the legislation establishing it or regulating its work. e. Boards of Trustees: Each of these Boards will have a supervisory role and will be formed at an academic or a charitable Government Entity, at a Government Entity responsible for granting awards, or a similar Government Entity to perform the duties of Boards of Directors stipulated in paragraph (d) of this Article. Appointment of Chairmen and Members

  7. 7

    المادة 7

    Article (7) a. A Chairman or a Member will be appointed pursuant to legislation issued by the Competent Authority. b. In appointing a Chairman or Member of a Council/ Board or Committee, a distinction must be made between: 1. Ex-officio Membership: This type of membership is opted for when the legislation establishing or regulating the Council/ Board or Committee requires the membership of representatives from public or private entities; and 2. Personal Membership: This type of membership is opted for when it is required to seek assistance from highly qualified persons with outstanding experience and specialised expertise and skills to enable the Council/ Board or Committee to effectively perform its functions. c. A vice chairman must be appointed to act as the Chairman where the Chairman is absent or his post falls vacant for any reason whatsoever. The vice chairman will be appointed by the Competent Authority or by majority vote of the Members of the Council/ Board or Committee, in accordance with the legislation establishing, or regulating the work of, the Council/ Board or Committee. d. Where the Council/ Board or Committee is comprised of representatives of an entity without specifying their names or designations, the head of that entity will nominate these representatives. In any case, these representatives must be experienced and specialised in fields that are relevant to the work of the Council/ Board or Committee, and must meet the membership requirements stipulated herein. The General Secretariat must be provided with the names, résumés, and passport copies of these representatives.

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    Decree No. (1) of 2023 Concerning Governance of the Councils/ Boards and Committees Affiliated to the Government of Dubai Page 8 of 21 Chairman and Member Nomination Standards, Requirements, and Procedures

  8. 8

    المادة 8

    Article (8) a. In appointing a Chairman or Member, the following requirements and standards must be met: 1. The Chairman or Member must have diversified qualifications, competencies, and expertise. 2. The Chairman or Member must have the qualifications and experience that match the functions of the Council/ Board or Committee. 3. The membership of the Council/ Board or Committee must include qualified young UAE national leaders. 4. The membership of the Council/ Board or Committee must include qualified women. 5. The membership of the Council/ Board or Committee must include qualified people of determination. 6. The Chairman or Member must have full legal capacity and good character and repute, and have not been convicted of any felony or other crime affecting honour or trustworthiness, unless he has been rehabilitated. 7. The Chairman or Member must not hold, at any given time, Personal Membership on more than five (5) Councils/ Boards or Committees governed by the provisions of this Decree. 8. The appointment of a Chairman or Member to a Council/ Board or Committee must not conflict with his chairmanship or membership of any other Council/ Board or Committee. 9. Any other standards or requirements prescribed by the legislation establishing, or regulating the work of, the Council/ Board or Committee must be fulfilled. b. Prior to approval by the Competent Authority, the General Secretariat will, in coordination with the concerned Government Entity, consider requests for the formation or reconstitution of Councils/ Boards and Committees in order to verify that the nominated Chairmen and Members meet the standards and requirements stipulated in paragraph (a) of this Article. Appointment of Heads of Government Entities to Councils/ Boards

  9. 9

    المادة 9

    Article (9) Notwithstanding the provisions of any other legislation:

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    Decree No. (1) of 2023 Concerning Governance of the Councils/ Boards and Committees Affiliated to the Government of Dubai Page 9 of 21 1. a Head of Government Entity must be appointed as a Member of the Council/ Board of that entity; and 2. a Head of Government Entity may not combine his post with the post of the Chairman or vice chairman of a Council/ Board formed at that entity. Number of Members

  10. 10

    المادة 10

    Article (10) a. The number of the Members of a Council/ Board or Committee, including its Chairman and vice chairman, must always be odd to allow for a casting vote in the event of a tie upon making any decision or issuing a recommendation. b. The total number of the Members of a Council/ Board or Committee, including its Chairman and vice chairman, must not be less than five (5) and not more than nine (9) to ensure effective participation and efficiency, and ease of coordination and decision-making amongst the Members. c. The number of the Members of a Council/ Board or Committee, including the Chairman and the vice chairman, will be determined based on the functions assigned to the Council/ Board or Committee and the nature of these functions. d. Notwithstanding the provisions of paragraph (b) of this Article, the Competent Authority may increase or decrease the number of Members beyond the minimum and maximum number stipulated in that paragraph. Term of Membership

  11. 11

    المادة 11

    Article (11) a. The term of membership in a Council/ Board or Committee will be three (3) years, commencing from the date on which the Council/ Board or Committee is established or formed by the Competent Authority or from any other date it determines. b. Except for the Member appointed to a Council/ Board or Committee by virtue of his position, a Chairman, vice chairman, or a Member may not be reappointed for more than three (3) consecutive terms, unless the Competent Authority decides to reappoint him for additional terms in light of his performance ratings during his previous tenure in the Council/ Board or Committee. c. Notwithstanding the provisions of paragraph (a) of this Article, where the Council/ Board or Committee is not reconstituted upon expiry of its term for any reason whatsoever, its Chairman, vice chairman, and Members will continue to perform their functions, duties, and responsibilities

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    Decree No. (1) of 2023 Concerning Governance of the Councils/ Boards and Committees Affiliated to the Government of Dubai Page 10 of 21 until they are reappointed or replaced by new Members, in which case, the resolutions and recommendations of the Council/ Board or Committee will be deemed valid. d. Where the post of the Chairman falls vacant for any reasons whatsoever, the vice chairman will act as the Chairman until a new Chairman is appointed by the Competent Authority. e. Where the post of a vice chairman falls vacant for any reason whatsoever, a replacement vice chairman will be appointed following the same procedures applicable to the initial appointment of the vice chairman. f. Where a Chairman, vice chairman, or Member is replaced or where additional new Members are appointed to a Council/ Board or Committee, the membership of the new or replacement Chairman, vice chairman, or Member will continue until the expiry of the term of membership in the Council/ Board or Committee. g. Where the post of a Member of a Council/ Board or a Committee falls vacant, the following will apply: 1. Where the post of a Member who holds Ex-officio Membership falls vacant, the Chairman must request the Government Entity of that Member to nominate a replacement Member, subject to the provisions of paragraph (d) of Article (7) of this Decree. 2. Where the post of a Member who holds a Personal Membership falls vacant, the Chairman must nominate a replacement Member to the General Secretariat, which will consider this nomination in coordination with the concerned entities, and submit the same to the Competent Authority for appointment upon verifying that the nominee meets the relevant membership standards and requirements stipulated in this Decree. h. Where the post of a Chairman or vice chairman, or the post of one or more Members, fall(s) vacant for any reason whatsoever, the Council/ Board or Committee will continue to perform its duties until the appointment of a replacement Chairman, vice chairman, or Member. In any case, the number of Members must not fall below the quorum. Functions of Chairmen

  12. 11

    المادة 11

    Article (11) of this Decree; 3. issuance by the Competent Authority of a legislation dissolving the Council/ Board or Committee; 4. termination of service of the Member, holding an Ex-officio Membership, at the entity represented in the Council/ Board or Committee; 5. acceptance of his resignation by the Competent Authority; 6. becoming of defective legal capacity or legally incapacitated due to any reason for loss of legal capacity stipulated by law; 7. failure to meet his obligations or to perform his duties and tasks under this Decree, the Terms of Reference, or the code of conduct; or 8. his conviction pursuant to a court judgement in a felony or other crime affecting honour or trustworthiness.

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    Decree No. (1) of 2023 Concerning Governance of the Councils/ Boards and Committees Affiliated to the Government of Dubai Page 21 of 21 Compliance

  13. 12

    المادة 12

    Article (12) a. A Chairman will have the duties and powers to: 1. assume leadership and provide guidance with a view to ensuring the efficient and effective performance of the functions of the Council/ Board or Committee;

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    Decree No. (1) of 2023 Concerning Governance of the Councils/ Boards and Committees Affiliated to the Government of Dubai Page 11 of 21 2. preside over and manage meetings in a manner that ensures the active participation of Members by providing their opinions, suggestions, and recommendations on the matters referred to them; 3. approve the schedule of ordinary and extraordinary meetings and the agendas of these meetings, and the discussion of any off-agenda matters raised by Members. 4. provide support to the Head of Government Entity, where the Council/ Board is formed at a Government Entity; 5. represent the Council/ Board or Committee before third parties and act as a liaison between the Council/ Board or Committee and the Executive Council on all matters related to implementing the provisions of this Decree and the resolutions issued in pursuance hereof; 6. manage the evaluation process of the Council/ Board or Committee; monitor the periodic performance appraisal of the Members, work teams, and sub-committees of the Council/ Board or Committee; and submit, through the General Secretariat, the performance ratings and the annual work report to the Executive Council; 7. ensure that Members are provided with the necessary information and documents that support the performance of the Council/ Board or Committee, and that new Members receive an orientation programme on the role and functions of the Council/ Board or Committee; 8. review the composition of the Council/ Board or Committee to ensure efficient performance; nominate Members; and submit their names to the General Secretariat to take the relevant necessary action; 9. resolve any dispute that may arise amongst Members to ensure a consensus is reached, whenever possible, in respect of resolutions and recommendations; and 10. perform any other duties assigned to him under the legislation establishing, or regulating the work of, the Council/ Board or Committee; or under the Terms of Reference or other legislation in force in the Emirate. b. The vice chairman will exercise the duties and powers of the Chairman where the Chairman is absent or his post falls vacant for any reason whatsoever. Obligations of Chairmen, Vice Chairmen, and Members

  14. 13

    المادة 13

    Article (13) A Chairman, vice chairman, or Member must:

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    Decree No. (1) of 2023 Concerning Governance of the Councils/ Boards and Committees Affiliated to the Government of Dubai Page 12 of 21 1. exercise due care and diligence in performing his duties by: a. familiarising himself with the role, functions, and objectives of the Council/ Board or Committee; b. having thorough understanding of the nature of work of the Government Entity or the sector supervised by the Council/ Board or Committee; c. devoting his time and effort to performing the duties and responsibilities assigned to him; d. actively participating in meetings by reviewing and considering the matters and the relevant documents to be presented to the Council/ Board or Committee; e. attending meetings in person rather than through a proxy, unless otherwise stipulated in the legislation establishing or forming the Council/ Board or Committee; f. collaborating effectively with other Members; and g. attending meetings on a regular basis and not being absent without prior permission or a valid reason. 2. exercise his duties and powers in a manner conducive to the achievement of the objectives of the Council/ Board or Committee by: a. performing his duties with honesty and integrity at all times; b. expressing his objective opinions on all matters presented to the Council/ Board or Committee, and ensuring impartial participation in decision-making; and c. providing other Members with all available information and data relevant to the matters to be presented to the Council/ Board, Committee, or Government Entity. 3. and perform any other duties assigned to him under the legislation in force in the Emirate or the Terms of Reference, or assigned to him by the Council/ Board or Committee. Duties of Heads of Government Entities

  15. 14

    المادة 14

    Article (14) For the purposes of this Decree, a Head of Government Entity appointed to a Council/ Board will act as a liaison between the Council/ Board and the executive body of the Government Entity. Accordingly, he must:

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    Decree No. (1) of 2023 Concerning Governance of the Councils/ Boards and Committees Affiliated to the Government of Dubai Page 13 of 21 1. propose the policies, strategic plans, annual budgets, draft organisational structures, and draft legislation of the Government Entity; and submit the same to the Council/ Board to take the relevant necessary action; 2. follow up the implementation of the resolutions, recommendations, and directives passed by the Council/ Board; 3. provide the Council/ Board with the data and information required to enable it to perform its functions; 4. regularly provide the Council/ Board with reports on the work, activities, and achievements of the executive body of the Government Entity, including the annual, financial, and performance reports; 5. keep the Council/ Board informed of any developments in the work of the Government Entity that require making decisions or taking measures; and 6. perform any other duties assigned to him under the legislation in force in the Emirate or the Terms of Reference and related to the functions of the Government Entity, or assigned to him by the Council/ Board. Rapporteurs of Councils/ Boards and Committees

  16. 15

    المادة 15

    Article (15) a. Unless otherwise decided by the Competent Authority, a Rapporteur may not be a Member in the Council/ Board or Committee. b. A Rapporteur will be appointed by the Competent Authority or by the Chairman, in accordance with the legislation establishing, or regulating the work of, the Council/ Board or Committee. A Rapporteur will have the duties and powers to: 1. prepare the meeting agendas of the Council/ Board or Committee and provide the Members with copies thereof, with all the documents and information related to the matters listed on the agenda, and with any other relevant documents requested by the Members; 2. make arrangements for holding meetings; send meeting invitations; record minutes of meetings, discussions, resolutions, recommendations, and voting results; and document the same in a register maintained for this purpose; 3. present minutes of meetings to the Chairman and Members for comments and approval; and follow up the implementation of the resolutions and recommendations passed by the Council/ Board or Committee;

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    Decree No. (1) of 2023 Concerning Governance of the Councils/ Boards and Committees Affiliated to the Government of Dubai Page 14 of 21 4. follow up the delivery of the orientation programme to the new Members of the Council/ Board or Committee; 5. maintain a register in which any conflicts of interest disclosed by the Chairman, vice chairman, or Members are recorded; 6. ensure that the Chairman, vice chairman, and Members sign the confidentiality and non- disclosure undertaking; 7. provide and follow up the provision of all types of technical and administrative support to the Council/ Board or Committee; 8. follow up the documentation of the paper and electronic minutes of meetings used by, and circulated within, the Council/ Board or Committee; and archive and classify the same; 9. coordinate for the performance appraisal of the Council/ Board or Committee; and 10. perform any other duties assigned to him by the Chairman. c. The Council/ Board or Committee must provide the Rapporteur with the necessary professional development training to ensure his effective contribution in organising its work. Formation of Sub-committees

  17. 16

    المادة 16

    Article (16) a. A Council/ Board or Committee may form temporary or permanent sub-committees to assist it in performing its duties or to undertake specific assignments and activities. b. The sub-committees will be affiliated to the Council/ Board or Committee which will be responsible for following up the work of these sub-committees to ensure that they are efficiently performing their duties. c. The permanent and temporary sub-committees of a Council/ Board or Committee, and their terms of reference and performance appraisal procedures, will be determined under the Terms of Reference of the Council/ Board or Committee. d. The chairmen and members of the sub-committees will be appointed pursuant to a resolution of the Council/ Board or Committee upon the approval of the Members. Each sub-committee must be comprised of no less than three (3), and no more than five (5), members. The Chairman of the Council/ Board or Committee may not be a chairman or member in a sub-committee.

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    Decree No. (1) of 2023 Concerning Governance of the Councils/ Boards and Committees Affiliated to the Government of Dubai Page 15 of 21 e. A resolution of the Council/ Board or Committee forming a sub-committee must include its duties, work completion time frames, and terms of reference; and must stipulate that it submits its reports to the Council/ Board or Committee. f. In selecting sub-committee members, the qualifications and professional experience and specialisations of these members must be consistent with the nature of the duties assigned to them. A sub-committee may comprise Members from the Council/ Board or Committee or other persons. g. The Council/ Board or Committee will appoint a chairman to each sub-committee, failing which the members of the sub-committee will, in their first meeting, elect a chairman by majority vote. Terms of Reference

  18. 17

    المادة 17

    Article (17) a. A Council/ Board or Committee must, within three (3) months from its establishment or formation, prepare and adopt its Terms of Reference. The Terms of Reference must stipulate the internal working frameworks and processes of the Council/ Board or Committee, in accordance with the legislation establishing, or regulating the work of, the Council/ Board or Committee, this Decree, and the resolutions issued in pursuance thereof. In particular, the Terms of Reference must determine: 1. the duties and obligations of the Council/ Board or Committee in light of its legally assigned functions, key performance indicators, and procedures for the delegation of matters over which the Council/ Board or Committee has decision-making powers; 2. the functions of the Chairman, Members, and the Rapporteur; 3. the frequency of the Council's/ Board’s or Committee’s meetings; the procedures for convening and managing meetings; and the procedures for making, and voting on, resolutions and recommendations; 4. the procedures for preparing meeting agendas and for providing Members with information and documents; 5. the procedures for managing meeting attendance and absence; 6. the procedures for forming work teams and sub-committees as required to assist the Council/ Board or Committee in performing its functions; and for determining the duties, powers, and terms of reference of these work teams and sub-committees; 7. the rules and procedures for disclosing conflicts of interest by the Members;

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    Decree No. (1) of 2023 Concerning Governance of the Councils/ Boards and Committees Affiliated to the Government of Dubai Page 16 of 21 8. the template of the confidentiality and non-disclosure undertaking; 9. the procedures for returning of the property of the Council/ Board or Committee by the Chairman, vice chairman, or Members at the end of their work with the Council/ Board or Committee; and 10. the frequency of reviewing and updating the Terms of Reference. b. The Chairman must provide the General Secretariat with a copy of the approved Terms of Reference of the Council/ Board or Committee and with any amendment thereto. Conflict of Interests

  19. 18

    المادة 18

    Article (18) a. The Chairman, vice chairman, and Members must avoid any conflict of interest that may arise as a result of their membership in the Council/ Board or Committee, avoid any act that may raise any suspicions of conflict of interest, and disclose any conflicts of interest or any suspicion thereof. In particular, they must refrain from: 1. participating in any discussion or vote on, or impacting in any way whatsoever, any decision, recommendation, or procedure in which they or their spouses or relatives up to the fourth degree have any direct or indirect interest; 2. exploiting their membership in the Council/ Board or the Committee, disclosing any information they obtain as a result of that membership in order to achieve specific objectives or receive a special service or treatment; and 3. participating in any process, procedure, or decision that may affect their impartiality, objectivity, or independence in performing their duties. b. Any resolutions issued in violation of paragraph (a) of this Article will be null and void. c. Conflicts of interest must be disclosed in the minutes of meetings of the Council/ Board or Committee. The Rapporteur must record that disclosure in a register maintained for this purpose, update this register on a regular basis, and present it to the Chairman and Members for perusal.

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    Decree No. (1) of 2023 Concerning Governance of the Councils/ Boards and Committees Affiliated to the Government of Dubai Page 17 of 21 Confidentiality

  20. 19

    المادة 19

    Article (19) a. A Chairman, vice chairman, Member, or Rapporteur must not, during or after his term of membership in the Council/ Board or Committee, disclose or divulge any written or verbal information which is confidential in nature or pursuant to the legislation in force, unless they obtain a prior relevant permission from the competent entity. In particular, they must not: 1. copy, retrieve, transfer, or disclose any information, facts, or documents to which he has access in the course of performing his duties; 2. use the information to which he has access in the course of performing his duties for unauthorised purposes; 3. misuse the information he obtains in the course of his membership in the Council/ Board or Committee; or 4. allow any unauthorised person to access information or documents related to his work. b. Upon expiry of his membership in a Council/ Board or Committee, the Chairman, vice chairman, Member, or Rapporteur must return all documents, papers, files, materials, tapes, discs, software, information resources, or any other property of the Council/ Board or Committee in his possession, whether or not these include confidential information. c. For purposes of implementation of this Article, a Chairman, vice chairman, Member, and a Rapporteur must sign the relevant confidentiality and non-disclosure undertakings. The Rapporteur must keep these undertakings in a register maintained for this purpose. Reports on the Work of Councils/ Boards and Committees

  21. 20

    المادة 20

    Article (20) a. At the end of each year, the Council/ Board or Committee will prepare a report on all the activities and duties conducted during that year. In particular, the report must include the following: 1. the number of meetings held by the Council/ Board or Committee during the year, and the attendance sheet of the Chairman, vice chairman, and Members; 2. the achievements and work of the Council/ Board or Committee during that year; an assessment of the extent to which it has performed its duties and achieved its objectives against the strategic and operational policies and plans, and key performance indicators;

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    Decree No. (1) of 2023 Concerning Governance of the Councils/ Boards and Committees Affiliated to the Government of Dubai Page 18 of 21 3. the risks and challenges faced by the Council/ Board or Committee, and the measures taken to address and ensure non-recurrence of the same; 4. the outcomes of the key performance indicators adopted by the Council/ Board or Committee; and 5. the sub-committees formed within the Council/ Board or Committee, their functions, the number of meetings they held; and their achievements. b. The Chairman will submit the annual report referred to in paragraph (a) of this Article, through the General Secretariat, to the Executive Council within one (1) month from the end of each year. Orientation Programme

  22. 21

    المادة 21

    Article (21) A Rapporteur must prepare and organise an orientation programme for the Chairman, vice chairman, and Members on all the duties, powers, and objectives of the Council/ Board or Committee, and on the legislation establishing, or regulating the work of, Council/ Board or Committee. Performance Appraisal of Councils/ Boards and Committees

  23. 22

    المادة 22

    Article (22) Performance appraisal of Councils/ Boards and Committees must be conducted by the General Secretariat, in coordination with the Chairman and the concerned Government Entities, and in accordance with the relevant standards and principles adopted by the Chairman of the Executive Council. Financial Incentives for Councils/ Boards and Committees

  24. 23

    المادة 23

    Article (23) The Chairman of the Executive Council will issue the resolutions required for determining the Councils/ Boards and Committees whose Chairmen, Members, and Rapporteurs are entitled to financial incentives; and the standards, principles, and time frames for the payment of these incentives.

    -- 18 of 21 --

    Decree No. (1) of 2023 Concerning Governance of the Councils/ Boards and Committees Affiliated to the Government of Dubai Page 19 of 21 Procedures for Holding Meetings and Passing Resolutions

  25. 24

    المادة 24

    Article (24) a. A Council/ Board or Committee will hold its ordinary meetings at least once every three (3) months at the time and place determined by the Chairman. b. The Chairman may, at any time he deems appropriate, convene an extraordinary meeting. c. A Council/ Board or Committee will convene at the invitation of the Chairman or upon the written request of at least two (2) Members. d. A Council/ Board or Committee may convene either in person or using electronic media as determined by the Chairman in this respect. e. Meetings of a Council/ Board or Committee will be valid if attended by the majority of its Members, provided that the Chairman or vice chairman is in attendance. f. Resolutions and recommendations of a Council/ Board and Committee 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. g. A Rapporteur must attend all the ordinary and extraordinary meetings of the Council/ Board or Committee. The Rapporteur will not have the right to vote unless he is a Member in that Council/ Board or Committee. Mandatory Attendance of Meetings

  26. 25

    المادة 25

    Article (25) a. Members must attend all meetings of the Council/ Board or Committee. Where a Member is unable to attend a meeting, he must justify his absence with a valid reason acceptable to the Chairman. b. Where a Member fails to attend three (3) consecutive or five (5) non-consecutive meetings without a reason acceptable to the Chairman, the Chairman must report it to the General Secretariat to refer the matter to the Competent Authority. Minutes of Meetings

  27. 26

    المادة 26

    Article (26) a. The ordinary and extraordinary meetings of a Council/ Board or Committee must be documented in minutes of meetings prepared by the Rapporteur. A minutes of meeting must include:

    -- 19 of 21 --

    Decree No. (1) of 2023 Concerning Governance of the Councils/ Boards and Committees Affiliated to the Government of Dubai Page 20 of 21 1. the number, date, time, and venue of the meeting; 2. the names of the attending and absent Members; 3. the method of holding the meeting; 4. the matters discussed in the meeting; summaries of these discussions, the resolutions and recommendations passed during the meeting; the results of voting on these resolutions and recommendations; and the reservations expressed by Members in respect thereof; and 5. the name of the entity assigned to follow up the implementation of the recommendations and resolutions passed during the meeting. b. The minutes of meetings must be maintained, classified, and categorised for easy reference. Termination of Membership

  28. 27

    المادة 27

    Article (27) The membership of a Chairman or Member will be terminated in any of the following cases: 1. his death; 2. expiry of the term of the Council/ Board or Committee subject to the provisions of paragraph (c) of

  29. 28

    المادة 28

    Article (28) All Councils/ Boards and Committees governed by this Decree must comply with the provisions hereof upon their reconstitution or within one (1) year of the effective date hereof, whichever comes first. Issuing Implementing Resolutions

  30. 29

    المادة 29

    Article (29) The Chairman of the Executive Council will issue the resolutions required for the implementation of the provisions of this Decree. Supersession and Repeals

  31. 30

    المادة 30

    Article (30) This Decree supersedes the above-mentioned Decree No. (28) of 2015. Any provision in any other legislation will be repealed to the extent that it contradicts the provisions of this Decree. Publication and Commencement

  32. 31

    المادة 31

    Article (31) This Decree 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 6 February 2023 Corresponding to 15 Rajab 1444 A.H.

    -- 21 of 21 --

ملاحظة: هذا التشريع مأخوذ من بوابة تشريعات دبي (dlp.dubai.gov.ae). والنص العربي الأصلي هو النسخة المعتمدة.

مواد هذا القانون(32)
  1. 1Article (1) The following words and expressions, wherever mentioned in this Decr
  2. 2Article (2) The provisions of this Decree apply to the Councils/ Boards and Comm
  3. 3Article (3) This Decree aims to: 1. support the decision-making process at the G
  4. 4Article (4) The scope of work of a Council/ Board or Committee will be determine
  5. 5Article (5) A Council/ Board or Committee will undertake one of the following ke
  6. 6Article (6) The form of a Council/ Board or a Committee will be determined based
  7. 7Article (7) a. A Chairman or a Member will be appointed pursuant to legislation
  8. 8Article (8) a. In appointing a Chairman or Member, the following requirements an
  9. 9Article (9) Notwithstanding the provisions of any other legislation: -- 8 of 21
  10. 10Article (10) a. The number of the Members of a Council/ Board or Committee, incl
  11. 11Article (11) a. The term of membership in a Council/ Board or Committee will be
  12. 11Article (11) of this Decree; 3. issuance by the Competent Authority of a legisla
  13. 12Article (12) a. A Chairman will have the duties and powers to: 1. assume leaders
  14. 13Article (13) A Chairman, vice chairman, or Member must: -- 11 of 21 -- Decree No
  15. 14Article (14) For the purposes of this Decree, a Head of Government Entity appoin
  16. 15Article (15) a. Unless otherwise decided by the Competent Authority, a Rapporteu
  17. 16Article (16) a. A Council/ Board or Committee may form temporary or permanent su
  18. 17Article (17) a. A Council/ Board or Committee must, within three (3) months from
  19. 18Article (18) a. The Chairman, vice chairman, and Members must avoid any conflict
  20. 19Article (19) a. A Chairman, vice chairman, Member, or Rapporteur must not, durin
  21. 20Article (20) a. At the end of each year, the Council/ Board or Committee will pr
  22. 21Article (21) A Rapporteur must prepare and organise an orientation programme for
  23. 22Article (22) Performance appraisal of Councils/ Boards and Committees must be co
  24. 23Article (23) The Chairman of the Executive Council will issue the resolutions re
  25. 24Article (24) a. A Council/ Board or Committee will hold its ordinary meetings at
  26. 25Article (25) a. Members must attend all meetings of the Council/ Board or Commit
  27. 26Article (26) a. The ordinary and extraordinary meetings of a Council/ Board or C
  28. 27Article (27) The membership of a Chairman or Member will be terminated in any of
  29. 28Article (28) All Councils/ Boards and Committees governed by this Decree must co
  30. 29Article (29) The Chairman of the Executive Council will issue the resolutions re
  31. 30Article (30) This Decree supersedes the above-mentioned Decree No. (28) of 2015.
  32. 31Article (31) This Decree will be published in the Official Gazette and will come
اختصار للقراءة

اسأل LEXAI عن 1 of 2023.

إجابات بلغة إنجليزية بسيطة، مع استشهاد يعود إلى المادة الدقيقة. استخدام مجاني، بدون تسجيل.

تقدّم LEXAI معلومات قانونية عامّة، لا استشارة قانونية. لحالتك المحدّدة، تواصل مع محامٍ معتمد في الإمارات.

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