LAW NO 7 AND THE GAYS IMPORTANT CIRCULAR
Decretal Federal Law No. (7) Of 2008 Concerning the General Authority of Youth and Sports Welfare and the Acting Bodies
Decretal Federal Law No. (7) Of 2008
Concerning the General Authority of Youth and Sports Welfare and the Acting Bodies
We, Khalifa Bin Zayed A I Nahyan, President of the United Arab Emirates,
Having considered the Constitution,
Federal law no. (1) Of 1972 concerning ministries’ competencies and ministers' powers, and amendments thereof,
Federal law no. (12) Of 1972 concerning organization of clubs and associations concerned with youth and sports welfare,
Federal law no. (8) Of 1984 concerning commercial companies and amendments thereof,
Penal Code promulgated by Federal Law No. (3) Of 1987 and amendments thereof,
Federal law no. (25) Of 1999 concerning the General Authority of
Youth and Sports Welfare and amendments thereof,
Federal law no. (2) Of 2008 concerning non-governmental associations and institutions serving the public interest,
And in view of the presentation made by the Minister of Culture, Youth and Society Development and the approval of the Cabinet,
Issue the following decretal federal law: A article (1) Definitions
For the implementation of the provisions ions hereof, the following words and phrases shall have the meanings indicated alongside,
unless otherwise provided for in the context:
|State||United Arab Emirates|
|Ministry||Ministry of Culture, Youth and Society Development|
|Minister||Minister of Culture, Youth and Society Development|
|Authority||The General Authority of Youth and Sports Welfare|
|The Board||Board of Directors of the Authority|
|Chairman||Chairman of the Board of Directors of the Authority|
|Secretariat- General||Secretariat-General of the Authority|
|Secretary General||Secretary General of the Authority|
|Acting Bodies||Any entity working in the field of youth and sports welfare in the state according to law, including unions, clubs, associations. Societies, companies and institutions.|
|Registered Entities||Any acting body for which a registration decision is issued from the Authority according to the provisions of this decretal law and the executive regulations thereof.|
|General Assembly||The general assembly of the Acting Bodies that shall be found as required by the applicable bylaws thereof. The genera l assembly consists of members satisfying the membership requirements according to the executive regulations thereof.|
|Board of Directors||The Board of Directors of any acting body that directs the entity's affairs according to its statute.|
|Professionalism||Practicing youth and sports activities and the related management tasks as a fundamental and professional work.|
|Union I society||Any registered youth or sports organization responsible for management of a certain sport or Activity.|
|Club||An organization dedicated for youth and sports activities.|
|Association||Independent group responsible for the affairs of any profession or activity related to youth and sports.|
Establishment of the Authority, Goals and Powers
A general authority shall be established under the name of "The General Authority for Youth and Sports Welfare." Such authority shalt have legal personality and administrative and financial independency, and shall report to the Minister.
The head office of the Authority shall be in Abu Dhabi. The Authority may have other branches and hold its meetings in any other place outside the State, upon a decision made by the Board.
The Authority shall be the supreme body concerned with youth, their affairs and activities in the State. It shall be the administrative body concerned with whatever affairs related to youth and sports welfare, including settlement of any complaints and grievances submitted thereto. All the Acting Bodies shall implement and execute the decisions made by the Authority in this regard according to the provisions of this decretal law and regulations thereof.
The authority shall achieve the following purposes:
- Refining and freeing youth's energies, abilities and creativity in a healthy environment to ensure their welfare according to the highest Emirates Tennis standards.
- Spreading sports culture and optimizing the spot1ing performance of individuals and institutions to reach the highest Emirates Tennis standards.
- Enhancing youth’s national identity, managing and investing their Free times, discovering and developing their skills, infusing them with the spirit of belongingness and encouraging them to participate in voluntary work.
- Eliminating use of stimulants in the sporting fields, setting a General policy for this purpose and following up execution thereof.
To achieve its goals, the authority shall have the following powers:
- Supporting, following up and coordinating the works of the Acting Bodies, and proposing the best methods to develop and improve their performance.
- Caring for the talented persons and scientifically, culturally and Sportingly distinguished persons, upgrading their skills and developing their participations.
- Reinforcing and strengthening the Arab and Emirates Tennis Relations through sports and you the activities, holding seminars, conferences and workshops in this regard.
- Coordinating with the Olympic committee and other entities concerning Olympics participation, any other participation or joint activities.
- Coordinating with spo11s councils and local governments concerning youth and sporting activities practiced in each emirate.
- Maintaining and developing the national sports.
- Seeking to create healthy and suitable atmosphere for creativity in sporting and youth fields, giving the private sector the opportunity to participate in this regard, entering into partnerships with all the concerned authorities to improve the levels of sports and youth performance.
- Making social researches and studies related to youth welfare And offering proposals in this regard.
- The Authority shall, solely, have the right to make decisions concerning registration or integration of the Acting Bodies, cancellation or suspension of their activities.
- The Authority may have the right to approve structures, organizational, administrative and financial regulations of the registered entities.
- Prior consent shall be obtained from the Authority before Issuance of licenses for private sports centers and clubs according to the executive regulations.
The Authority shall be managed by a Board chaired by the Minister, including deputy chairman and a number of members having experience in youth and sports affairs in the State. Those members shall be nominated by the Minister. A resolution shall be issued by the Cabinet regarding their appointment and remunerations.
The Deputy Chairman shall exercise the powers of the chairman m absence of the latter.
Membership of the Board shall be for a renewable period of four years.
The Board shall exercise the following powers:
- Setting the general policy of the youth and sports sector in the State in coordination with the concerned authorities and following up on execution thereof
- Developing plans and programs to achieve the goals of the Authority.
- Approving plans and programs aiming at investing and managing youth's free times, developing their skills, improving their physical fitness, encouraging them to work and helping them to perceive the importance of participation in public services.
- Developing plans and programs necessary to train and prepare young national sports leaders, develop their administrative and technical skills.
- Approving plans, programs, bylaws and regulations that Organize, revive and develop the youth welfare sector in the State.
- Proposing legislations that organize the youth and sports welfare sector in the State.
- Approving regulations required to organize work in the Authority, including the administrative and financial regulations.
- Proposing the organizational structure of the Authority and submitting it to the Cabinet for approval.
- Proposing statute for personnel affairs to which a resolution shall be issued by the Cabinet.
- Approving the annual administrative and technical Reports, attesting the draft balance sheet and final account of the Authority in preparation for approval thereof by the Cabinet.
- Issuing registration decisions for the Acting Bodies.
- Accepting donations and grants that are not in contradiction to the goals of the Authority.
- Settling complaints and grievances submitted to the Authority by the Acting Bodies.
- Forming Boards of Directors of sports unions, when necessary.
- Attesting Emirates Tennis agreements concluded with the Authority in relation to youth and sports before submitting to the Cabinet.
- Any other powers entrusted to the Authority by law or a Cabinet resolution.
The Board shall held six meetings annually upon a call from the Chairman. The Chairman of the Board may call for an exceptional
meeting of the Board upon request by the general secretary or five members of the Board.
Meetings of the Board will only be valid by attendance of the majority of members, including the Chairman or Deputy Chairman. Board decisions shall be approved by majority of votes. If there is a tie, the chairman has a casting vote.
The Board may invite to its meetings any person (s) it deems experienced in the proposed issues to seek their help and opinions. However, such person (s) shall not vote when voting for decisions of the Board.
Board’s discussions and decisions shall be recorded in minutes of meeting signed by the Chairman and the general secretary of the Board. If a meeting of the Board held to consider a matter related to an entity, supervised by the Authority. Where a member of the Authority Board is also a member or an employee therein, the member shall not attend the meeting.
The Board has the right to form, out of its members, one or more subcommittee (s) to study and examine matters related to the powers of the Board. The subcommittee (s) shall submit recommendations to the Board to take the necessary actions accordingly.
Membership shall be cancelled if a Board member did not attend three consecutive meetings or five inconsecutive meetings of the Board, with no reasonable cause.
The Chairman of the Board shall be entrusted with the following powers:
- Representing the Authority inside and outside the State.
- Issuing decisions approved by the Board of Directors and signing correspondences issued on his behalf.
- Approving contracts and agreements, where the Authority is a Party, according to the regulations applied in the Authority.
- Undertaking responsibilities entrusted to by the Board.
- The Authority shall have secretariat-general presided by a secretary general that has competence, efficiency and experience. The secretariat general shall consist of one or more Assistant Secretary Genera l and a number of departments and sections according to the organizational structure of the Authority. A federal decree shall be issued concerning appointment of the Secretary General and assistant secretary general upon nomination thereof by the Minister.
- The Secretary General of the Authority shall be the legal Representative thereof.
The Board shall have the right to originate, cancel or integrate any section in the organizational structure upon a proposal from the Secretary General.
The Secretary General shall be the president of the executive body of the Authority. He shall supervise the Secretariat General, conduct its affairs, execute the Authority's policy and the Board's decisions, coordinate works among the executive bodies of the Authority, examine reports thereof, suggest and submit the required reports to the Board accordingly.
In particular, the Secretary General shall be entrusted with the following tasks:
- Organizing the Board’s agenda, arranging the Issues included therein and preparing the related documents.
- Ensuring that the Board's minutes of meeting, decisions, recommendations and proposals are recorded and communicated to the concerned authorities.
- Coordinating works of the subcommittees formed by the Board.
- Forming committees in the Secretariat General and following up their works.
- Making and submitting the annual administrative and financial Reports on the Authority's works to the Board.
- Proposing and submitting the draft annual balance sheet and final account of the Authority to the Board.
- Undertaking any other tasks entrusted to by the Chairman.
- Proposing and submitting any amendments to the organizational structure of the Authority to the Board.
The Secretary General may entrust some of his powers to any assistant secretary general of the Authority.
The Financial Affairs
The fiscal year of the Authority shall commence on 1st of January and end on the 3 1th of December in each year. The first fiscal year of the Authority shall commence from the date on which this decretal law come into effect and shall end on the 31th of December in the following year.
Transfer in between items may be made upon a decision from the Chairman and transfer in between chapters may be made by a decision from the Board.
Annual revenues of the Authority shall come from the following sources:
- Appropriations dedicated for the Authority by the State in the balance sheet.
- Donations, subsidies, grants, wills and endowments that the Board accepts, provided that they are not in contradiction to the goals of the Authority.
In case of dissolving a union, society, assoc1atwn, committee or center, which is an affiliate to the Authority, all assets, properties and investments thereof shall pass to the Authority.
The funds of the Authority shall be deemed public funds. The Authority shall be exempted from taxes and fees.
The Acting Bodies
The provisions hereof shall apply to all the Acting Bodies in the State. The Acting Bodies shall not practice any activity unless the necessary licenses are obtained from the Authority and the procedures or requirements are followed and fulfilled according to this decretal law, regulations and resolutions issued m implementation thereof.
To obtain a license for an acting body, the following requirements shall be fulfilled:
- The founders shall be nationals of the State.
- A permanent location to practice the activities therein.
- The statute of the entity shall be established according to law.
- Approval of the concerned authorities shall be obtained.
- Other requirements made by the Authority shall be fulfilled.
The executive regulations hereof set forth the licensing procedures to the Acting Bodies and all matters pertaining to their activities and work system.
The Acting Body shall have the legal personality, under the provisions hereof, through registration by the Authority. It shall have the legal capacity to carry out all necessary works and actions to achieve its purposes and goals, including contracting with third parties and exercising the right of litigation. Statute of the Acting body shall be published in the Official Gazette.
Each registered entity shall open a bank account in the State in its registered name and shall keep accounting records according to the accounting rules and standards applied in the State. Each registered entity shall appoint an authorized auditor.
The functions of the ordinary general assembly of the Acting Bodies shall be as follows:
- Setting the general policy for the Acting Bodies and making proposals to improve their performance.
- Electing members of the Board of Directors.
- Approving the financial and administrative reports.
- Approving the draft balance sheet and final account of the ended fiscal year and the draft budget of the following year.
- Appointing an auditor.
- Approving the resolutions regulating the work of the Acting Bodies.
- Agreeing on membership of new members.
- considering any other issues referred thereto by the Board of Di rectors.
- The ordinary general assembly shall be held once per year during the first three months following the end of the fiscal year. The members shall be called for the ordinary general assembly at least fifteen days before its scheduled date or upon a call from the Board of Directors, whenever necessary.
- The Extraordinary General Assembly shall be held upon a call from the Board of Directors, a call from the absolute majority of members who paid their subscription fees or upon a justified request from the Authority. 3. Call for the ordinary and extraordinary general assemblies and Their working procedures shall be in accordance with the executive regulations.
The functions of the extraordinary general assembly shall be as follows:
- Making decisions regarding resignations submitted by all or some members of the Board of Directors, if such resignation will be in violation of the quorum of the Board.
- Terminating the membership of one or more members of the Board of Directors.
- Filling the vacant positions whenever necessary to maintain the quorum of the Board of Directors.
- Dissolving the Board of Directors.
- Agreeing on dissolution or integration of a union, society or association.
- Canceling any decision made by the Board of Directors.
- Proposing and submitting amendments to the statute to the Authority for approval.
The registered clubs and societies may mutually form unions according to the terms and conditions determined by the executive regulations hereof, provided that each club and society shall maintain its activity and legal personality.
The registered entities shall be exempted from any fees on matches made, events held and activities practiced thereby.
The Acting Bodies shall practice their activities according to their goals and purposes stipulated for in their statutes, and shall follow the rules and instructions issued by the Authority. They shall not engage in any political activity or evoke religious, sectarian or ethnic disputes.
The Acting Bodies shall not practice any of the following activities without obtaining prior consent from the Authority according to the executive regulations:
- Representing the State or participating in its name in any youth or sports events held outside the State, or inviting entities practicing activities similar to those practiced by the Acting Bodies in the State.
- Hosting, organizing or coordinating activities, championships, tournaments or youth or sports events, whether formally or friendly, in the State.
- Joining any foreign entity for youth or sports or concluding agreements therewith.
- Accepting and exchanging donations, and the like, with foreign persons or entities, excluding sports tools, scientific and technical books and magazines, in accordance with the executive regulations.
The established statutes of the Acting Bodies shall not contradict the applicable laws, regulations and resolutions.
The Acting Bodies shall abide by the terms and conditions stipulated for in the executive regulations hereof
Resources of the registered entities shall consist of the following:
- Any subsidies from the Authority or the local governments.
- Subscription fees of the members
- Donations, grants and wills accepted by the Authority
- Revenues from marketing, events and activities
- Returns from funds investment
- The registered Acting Bodies may apply a special professionalism system, provided that such system shall not be in contradiction to the professionalism regulations of the Authority.
- According to the executive regulations, youth and sports Activities and the related management tasks may be carried out by commercial institutions or companies established or founded for this purpose, and any registered entity may be converted to a commercial institution or company, provided that its activities shall be subject to the control of the Authority.
The Authority shall make administrative investigations with the Acting Bodies in case of violating the provisions, rules and executive regulations hereof.
The disciplinary penalties. Which may be imposed on the Acting
Bodies that violate the provisions hereof, shall be as follows:
- A fine of ten thousand AED as a minimum and one hundred thousand AED as a maximum.
- A fine of one million AED as a maximum.
- Suspending the activity of the Acting Body for one or two season (s).
- Dissolving the Board of Directors.
- Withdrawing or canceling the license issued to the licensed entity.
- Dissolving the Acting Body or canceling registration thereof
- The Chairman has the right to impose any of the two penalties stated for in (a) and (b). Penalties stated for in other clauses shall be imposed by the Board.
- No penalty may be imposed unless a written investigation has been made according to the rules stipulated for in this regard.
- The executive regulations hereof determine the rules of Penalization.
Without prejudice to any severer penalty stated for in any other law, whoever practices, organizes or carries out any activity stipulated for herein without obtaining prior consent from the Authority and following the procedures required according to the provisions and executive regulations hereof shall be penalized by a fine of at least fifty thousand (50,000) AED and two million (2,000,000) AED as a maximum. Moreover, the competent government may close the entity committing such an act.
Penalty shall be duplicated in case of recurrence.
Employees appointed through a decision made by the Minister of Justice in agreement with the Chairman shall act, within their functions, as judicial officers to identify any violations to the provisions hereof, the executive regulations and resolutions issued in implementation hereof.
Entities that are subject to the provisions hereof shall harmonize their situations according to the provisions hereof, within six months from the effective date of this decretal law.
The Authority established under the provisions hereof shall replace the Youth and Sports Authority established under Federal Law No. (25) Of 1999.
The Board shall issue the necessary regulations. Rules and resolutions for the implementation of the provisions hereof
Civil service laws and rules applicable in the federal government shall apply to employees and personnel of the Authority regarding any issue not covered in this decretal law and in the personnel affairs regulations.
Federal law no. (12) Of 1972 and Federal law No. (25) Of 1999 shall be null and void.
Any provisions or clauses in violation of or in contradiction to this decretal law shall be null and void.
This Decree shall be published in the Official Gazette and shall come into force on the date of its publication.
Khalifa’ Bin Zaid AI Nahant, President of the United Arab Emirates
Issued by us in Abu Dhabi:
On 25111 of Ramadan, 1 429 A.H. Corresponding to 25111 of September, 2008