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Law No. (3) of 2023 On Controlling Trading Public Health Pest Control Pesticides We, SAUD BIN SAQR BIN MUHAMED Al QASSIMI Ruler of Ras Al Khaimah -After perusal of Constitution; -Federal Decree-Law No. (37) of 2021 on Commercial Registry, -Federal Law No. (41) of 1992 on Agricultural Pesticides, and laws amending them; -Federal Law No. (24) of 1999 on Protection and Development of Environment, and laws amending them; -Federal Law No. (10) of 2020 on Pesticides, -Federal Law No. (13) of 2020 on Public Health; -Law of Ras Al Khaimah Municipality, as amended; -Law No. (7) of 2012 on Establishing Executive Council of Ras Al Khaimah Emirate; -Law No. (3) of 2017 on Establishing Public Services Department; -Law No. (9) of 2019 on Public Hygiene in Ras Al Khaimah Emirate; and -Upon the approval of Executive Council, Have promulgated the following law: Article (1) The following words and phrases shall have the meanings assigned hereto unless otherwise required by context: UAE: United Arab Emirates. Emirate: Ras Al Khaimah Emirate. Department: Ras Al Khaimah Municipality Department. Director-General: Director-General of the Department. Administration: Public Health Administration in the Department. Section: Health and Environment Control Division of the Administration. Competent Authority: Authority competent for issuing trade license in the Emirate. Activity: The activity of trading public health pest control pesticides. Establishments: Companies, or establishments licensed to practice the activity of trading pesticides or public health pest control. Pesticides: Materials used in public health pest control. Public Health Pests: Diseases-Vectors; including insects, spiders, parasites and animals causing directly or indirectly health damages, anxiety or inconvenience to human being; excluding agricultural pests. Service: The service of Public Health Pest Control and trading in pesticides thereof. Article (2) Provisions of this Law shall apply to all establishments in the Emirate including Ras Al Khaimah Economic Free Zones. However, Executive Council may, upon a request by the Department, exclude certain authorities from provisions thereof. Article (3) A registry to enter establishments shall be created in the Section. However, any person may practice trading pesticides, public health pest control, or any activities related thereto only after being entered in this registry. By a resolution from Director-General, registry form, details, data, procedures of entry therein and certificates to be issued therefrom shall be determined. Article (4) Establishments shall be categorized as follows: 1.1st category, 2.2nd category, and 3.Special category. Director-General shall, in coordination with competent authority, develop a system to categorize establishments including their types and legal forms. Article (5) Section shall undertake the following: 1.Entry of establishments in Registry dedicated for that. 2.Approval of new specialties and branches in the pest control field. 3.Decide on temporary suspension applications submitted by owners of establishment. 4.Periodic inspection on establishments to follow-up continuity of meeting conditions of their registration. 5.Investigation on violations made by establishments practicing the activity. 6.Preparation of tests for technical cadre in order to practice activity. 7.Any other duties or terms of reference entrusted to the Section under assignment from Director-General. Article (6) No body, practicing the activity of trading pesticides or public health pest control, shall be an employee with Public Health Administration, and Director-General may, in coordination with competent authority, add any other conditions. Article (7) Upon payment of a cash security deposit to be determined under a resolution from Director-General, Section shall issue initial registration certificate for the establishment which empowers the same to complete licensing procedures before competent authority. The establishment may not initiate practicing the activity under this certificate. Article (8) Validity of initial registration certificate shall be six months. However, the same may be renewed only for two consecutive times; each of which is three months. Establishment may apply for cancelation of initial registration before its expiry and refund the cash security deposit. However, if the Certificate expires without being renewed nor completing licensing procedures, registration shall be void and the right to refund deposit amount shall be abated and the same shall devolve upon Public Treasury. Article (9) Registration procedures shall be completed after issuance of trade license and meeting required registration conditions. Therefore, registration term shall be two years which may be renewed for other term or terms. Article (10) If registration of establishment is rejected in accordance with required categorization for non-meeting its conditions, Administration may register the same at the category with conditions met thereby, in coordination with the competent authority. Article (11) Service providers shall be approved and entered in the registry by the Section, as per specialty, years of experience and successfully pass technical cadre test before registration. During the term of registration, other supervisors and technicians may join the establishment after being entered in Registry. Article (12) Without prejudice to provisions of Practicing Economic Activities Law, establishments licensed outside the Emirate are entitled to practice their activities in the Emirate for specific term after obtaining approval from the Department and conditions to grant such approval and fees accrued therefor shall be determined by Director-General. Article (13) Establishment shall abide by provisions and controls of transporting, utilizing, storing and disposing pesticides of public health pest control as set out in ministerial resolutions promulgated in this regard. Article (14) Subject to conditions of trade license cancelation, establishment desiring to cease practice of the activity shall apply to Administration for cancelation of its registration after meeting requirements of cancelation. Upon verifying that no liabilities arising from practice of activity are accrued, a resolution by Administration shall be issued to cancel registration within thirty days from date of application submission thereto. Article (15) The Establishment shall be, in respect to its business prior to registration cancellation, subject to Administration’s authority and control for one year subsequent to this cancellation. Article (16) Establishment may be disposed pursuant to conditions and procedures placed by the Department in coordination with competent authority. However, if ownership of establishment has been transferred by inheritance or will, new owners should choose whoever meets conditions placed by Administration to represent them before the same and his name shall be inserted in registry and trade license in this capacity. Article (17) No establishment shall use or trade pesticides which are non-registered inside the State, banned or expired. Article (18) All individuals working in the field of advertisement, media or printing publications are prohibited from receiving applications submitted by establishments practicing trading of pesticides or public health pest control activity for the purpose of publishing or printing advertisements except after ensuring that establishment benefiting from the service had obtained official permit from Administration along with maintaining a copy thereof. Article (19) Any establishment, excluding Government institutions working in the field of public health pest control, which desires to work in the field of training and qualifying staff to work in trading pesticides of public health pest control, must obtain necessary approvals from Administration. Article (20) The Section is entitled to cancel registration in any of the following cases: 1.Registration is made based on false or forged data. 2.Serious professional errors had been committed by the establishment. 3.Liquidation of establishment under agreement made by partners or under an executable judgment. Re-registration may be made only under new procedures. Article (21) Resolutions passed on registration denial or deregistration of establishments may be grieved before Director-General and such grievance must be decided on within two weeks as of the date of submission thereof. However, if the same is rejected, the rejection decision should be reasoned. Article (22) Establishments existing before application of this Law shall regulate their status pursuant to its provisions within no more than three months of its enforcement date provided that an amount of three thousand dirhams shall be deposited. However, such amount shall be confiscated in case of expiry of term specified without rectifying the status of establishment and Director-General shall be entitled to extend this term for other similar term. Article (23) Staff of the Section who are nominated under a resolution passed by Attorney-General shall be authorized to have the capacity of Law officers on substantiating works committed in violation to provisions of this Law. Article (24) Without prejudice to any severer penalty stipulated in any other law, Administration shall apply any of the following measures: 1.Issue written notice to violating establishment. 2.Close the establishment totally or partially or suspend practice of its activity. 3.Publish the names of violating establishments and penalties rendered against them. Administration shall be entitled to terminate measures in case the establishment remedies and removes causes of violation and pays penalties. In the event of rendering judgment of closure penalty, Public Prosecution may open the establishment whenever it turned out that causes of violation have been removed pursuant to a letter issued by the Department. Article (25) Upon proposal from the Department, Executive Council shall promulgate executive regulation of this Law and schedule of fees and violations and penalties resulting from violating its provisions. Proceeds of these fees and penalties shall devolve upon treasury of the Department. Article (26) If violating establishment fails to initiate execution of final judgment or rendered administrative resolution of penalty within fifteen days of being notified of the same, services provided thereto may be suspended until execution is made. Article (27) Vehicles seized during commitment of any violation stipulated in this Law shall be subject to provisions of Law No. 4 of 2019 on Impounding, Maintaining and Dispose of Vehicles. A resolution from Director-General on impounding and maintaining the same in vehicles complex of General Resources Authority shall be issued. Vehicle shall be deemed abandoned one-month after notifying its owner of impounding or removal of causes thereof. Article (28) Machinery seized in warehouses of Department shall be impounded after preparing a detailed technical report thereon. The Department shall notify their owners and other rights holders thereon of impounding via means approved thereby. Article (29) Director-General shall constitute a committee to sell confiscated machinery and equipment and executive regulation shall regulate its membership and mechanism of its work. Article (30) If owner of confiscated items does not request receiving the same within three months of the date of its impounding, Committee, stipulated in Article (29) of this Law, shall sell the same in public auction whether by itself or through licensed public auction corporates after rendering an order on petition of the same from the competent judge. Report of holding the auction shall be deemed an ownership transfer deed, free from any financial liabilities incurred for third parties. Before sale is completed and after payment of penalties stipulated, owner of impounded items may redeem them. Article (31) The Department shall deposit proceeds of selling machinery in a special account with Government of Ras Al Khaimah after deducting all expenses, charges, and penalties resulted from its impounding process. If the price collected from sale fails to cover dues of Department, the difference shall be paid by its owner. Article (32) Stakeholders’ right to claim the price of sale shall be abated by lapsing of five years after the date of depositing the same in the special account and it shall devolve upon the account of Public Treasury. Article (33) By a resolution from Director-General, a committee shall be formed to consider complaints and grievances related to violations arising from application of this Law provisions and resolution shall determine procedures before the same. Article (34) Grievance may be made within ten days from the date of seizure report, if violator is present or from the date of notifying him of the violation on the form prepared for that if violator is absent. Therefore, grievance shall entail suspending collection of penalty and ancillary penalties until a decision thereon is rendered. Article (35) Committee shall present its recommendations on grievance to Director-General to decide thereon. At all cases, violator may apply to refer papers to public Prosecution. Department shall be entitled to reconcile with violator in consideration of half of the stipulated penalty after removing causes of violation. Article (36) Director-General shall issue resolutions necessary to execute provisions of this Law. Article (37) In order to apply provisions of this Law and resolutions issued thereby, Department shall be entitled to seek the assistance of government departments and public authorities and institutions including relevant authorities. Article (38) Any other provision in contrary to provisions of this Law shall be cancelled. Article (39) This law shall come into force as of date of its issuance and be published in Official Gazette. SAUD BIN SAQR BIN MUHAMED Al QASIMI Ruler of Ras Al Khaimah Issued by us on this day 21st of Sha’ban, 1444 A.H. Corresponding to 13th of March 2023 A.D.
Law No. (18) of 2023 On the amendment of Law No. 2 of 2017 Regarding RAK Economic Zones and the Supervising Authority We, Saud Bin Saqr Bin Mohammed Al Qassimi, Ruler of Ras Al Khaimah, Law No. 2 of 2017 Regarding RAK Economic Zones and the Supervising Authority Law No. [17] of 2023 on the amendment of Ras Al Khaimah Free Trade Zone Law of the year 2000 Emiri Decree No. [25] of 2023 on the amendment of Emiri Decree No. 2 of 2005 on the establishment of RAK Investment Authority As the public interest may require Have promulgated the following law: ARTICLE (1) The phrase “in accordance with Article 19, the following shall be applied” mentioned at the beginning of Article 18 of Law No. 2 of 2017 shall be replaced with: “Without prejudice to the provisions of Law No. [17] of 2023 on the amendment of Ras Al Khaimah Free Trade Zone Law of the year 2000, and the provisions of Emiri Decree No. [25] of 2023 on the amendment of Emiri Decree No. 2 of 2005 on the establishment of RAK Investment Authority, the following shall apply:”. ARTICLE (2) 1. Article 19 of Law No. 2 of 2017 shall be repealed and the special committee formed pursuant to paragraph (b) of the said Article shall be cancelled. 2. All procedures done and decisions issued pursuant to Article 19 of Law No. 2 of 2017 and/or those decisions and procedures related to the transfer of ownership of the assets, properties, rights and obligations of the RAK Free Trade Zone Authority and RAK Investment Authority to the RAK Economic Zone Authority pursuant to Law No. 2 of 2017 are considered in order and effective without the need for any further process or ratification whatsoever. ARTICLE (3) Article 20 of Law No. 2 of 2017 shall be repealed. ARTICLE (4) The remainder of Law No. 2 of 2017 shall remain unchanged. ARTICLE (5) Any law or decree or decision, or any provision thereof, which conflicts with this Law is hereby repealed to the extent to which it is in conflict with the provisions hereof. ARTICLE (6) This Law shall come into force and effect as of 1st January 2024 and shall be published in the Official Gazette. Saud Bin Saqr Al Qassimi Ruler of Ras Al Khaimah Issued on 16th Month Jumada II of 1445 A.H. Corresponding to 29th Month December of 2023 AD
Law No. (2) of 2021 on Land Use Change & Planning Requirements and Permitted Use for Buildings We, SAUD BIN SAQR BIN MUHAMED Al QASSIMI, Ruler of Ras Al Khaimah, - After perusal of Constitution; - And Law of Ras Al Khaimah Municipality of 1981, as amended; - And Law No. (2) of 2007 on Establishing Environment Protection and Development Authority in Ras Al Khaimah (EPDA RAK), as amended; - And Law No. (6) of 2008 on Regulating Real Estates Offices in emirate of Ras Al Khaimah; - And Law No. (1) of 2009 on Regulating Buildings in emirate of Ras Al Khaimah; - And Law No. (7) of 2012 on Establishing Executive Council in emirate of Ras Al Khaimah; - And Law No. (8) of 2016 on Regulating Practicing Economic Activities in emirate of Ras Al Khaimah, as amended; - And Law No. (2) of 2017 on Establishing Ras Al Khaimah Economic Zones and Supervising Authority thereof; - And Law No. (3) of 2017 on Establishing Public Services Department, as amended; - And Law No. (8) of 2019 on Regulating the Profession of Construction; - And Law No. (10) of 2019 on Regulating the Profession of Engineering Consultancy; - And after the approval of Executive Council, have promulgated the following law: Article (1) The following words and phrases shall have the meanings assigned hereto unless otherwise required by context: Department: Ras Al Khaimah Municipality Department. Authority: Administrative Authority upon which consideration for real estates improvement shall be devolved. Director General: Director General of the Department. Sector: Sector of Technical Affairs at the Department. Lands Classifications: Approved sorting or use of lands permitted by Department, including residential, commercial, agricultural, industrial, investment residential, commercial residential, governmental or any other use determined by Department. Conditional Uses: Types of lands uses and buildings occupancies authorized to be executed or practiced within definite conditions as they are not originally compatible with the permitted use in an area. Planning Requirements: A set of requirements under which percentage of construction, heights, required car parking and other services shall be determined and they are issued by a resolution from the Director General and based on proposal of the Sector. Grievance Committee: The Committee stipulated in Law No. 1 of 2009 on Regulating Buildings in emirate of Ras Al Khaimah. Article (2) Provisions of this Law shall be applicable to the entire territory of the Emirate including Ras Al Khaimah Economic Zones. However, Executive Council may, upon the Department request, exclude certain bodies from provisions thereof. Article (3) A Committee called “Planning Requirements Committee” shall be established consisting of a president and three members from the Sector, appointed by Director General, in addition to a representative of Public Services Department; to be nominated by Director General of the same and representative of EPDA RAK; to be nominated by Director General of the same, and the Director General shall issue resolution of the Committee’s work system and procedures to be followed before it and the Committee shall undertake the following competences: 1. Review new planning projects and verify the availability of environment requirements therein. 2. Decide on the applications to change the planning requirements of plots; permitted use of buildings and verify conformity of the same with environment requirements. 3. Any other tasks required under the nature of the Committee’s work or assigned thereto by Director General. Article (4) Only, under a resolution from Planning Requirements Committee, planning requirements may be changed for real estates and their conditional uses. However, upon a proposal from the Sector, Director General shall resolve the change and controls conditions. Article (5) A Committee, consisting of a president and three members from the Sector, appointed by Director General in addition to a representative of Public Services Department; to be nominated by Director General of the same and representative of EPDA RAK; to be nominated by Director General of the same, shall be established to consider appeals against resolutions issued by the committee of “Planning Requirements”. Therefore, Director General shall issue resolution of the Committee’s work system and procedures to be followed before it. Article (6) Changing the planning requirements of plots and authorized utilization of buildings may be applied. However, if this change entails an increase in its value, an improvement consideration at 30% of increase shall be levied thereon. Article (7) It is permissible, by resolution from the Executive Council, to impose improvement consideration on built properties and lands which value increases due to public benefit works. The resolution shall determine the public benefit works that cause such consideration to be collected and the percentage thereof from the increase occurred to the property and the authority upon which the consideration shall devolve. Article (8) Owner shall assume fees at 1% of land value to be paid to Department after being sorted or plotted whether the same is performed amicably or under a judicial judgment. In case of multi-owners, each of them shall commit to the fee in proportion to what devolved upon him, in addition to fees of transactions conducted by Sector related to changing planning requirements of plots and permitted use of buildings. Article (9) The Sector shall estimate improvement consideration and due fees under provisions of this law based on technical report that includes value of the property before and after improvement or the main chart of prices approved by the Department. The Sector shall notify the property’s landlord of such estimation within two weeks from the date of issuing the same. The landlord may file grievance against the estimation before Grievance Committee which shall decide on the grievance within one month from the date of submitting it by reasoned decision after consulting the Sector and the grievant shall be notified of the Committee’s decision and reasons thereof immediately upon its issuance and the decision of the Committee shall be final. Article (10) Within sixty days from the date of serving a notice of final valuation of the property, owner is entitled to choose any of the following methods to pay the improvement consideration: 1. Pay the consideration immediately. 2. Pay the consideration in equal installments within the period determined by the Authority, provided that all installments shall be due in case of dispose of the entire property and in proportion to what had been disposed of in case of disposal of part thereof. 3. Pay in rem the full or some of the consideration if the property is a vacant land, under the terms and conditions on which a resolution from Director General of Authority is issued. Article (11) In all cases, the Authority is entitled to collect improvement consideration by way of deducting the same from the compensation for expropriation for public benefit or improvement that it owes to concerned persons. The improvement consideration shall be preferential debt on the property and shall come after judicial expenses and be collected by order on petition from the competent judge. Article (12) Authority entrusted with regulatory business may refrain from licensing erection, elevation or modification of buildings or constructions if concerned parties fail to pay the accrued consideration or installments thereof. Article (13) Government Authorities should notify Department of any change to the use of any property occupied thereby other than the classification approved by the Planning and Survey Division at Department. Article (14) In implementation of provisions of this Law and resolution issued in implementation thereof, Department is entitled to seek the assistance of Government Authorities, public agencies and organizations and RAK Police General Headquarters. Article (15) After serving notification to the concerned parties in the method approved by Director General, staff of Sector and members of committees provided herein are entitled to access real estates and lands located in improvement areas to conduct technical and survey operations and obtain necessary data about those real estates. Article (16) Employees of the Sector shall be empowered with capacity of law officer in catching acts committed in violation of provisions of this law and resolutions issued in implementation thereof. Article (17) Without prejudice to any severer penalty stipulated by any other law, whoever violates planning requirements of plots and permitted use of buildings shall be punished by a fine not less than ten thousand dirhams nor more than one million dirhams before issuing resolution thereof by Planning Requirements Committee. In addition, reasons behind the violation shall be removed on its cost within a month from the date of imposing the penalty. However, the fine penalty shall be doubled if the same violation repeated within a year from committing the previous violation. Article (18) Without prejudice to the provisions of Article 15 and based on proposal from Department, Executive Council shall pass a schedule of fees and another of violations and penalties incurred on violation of this Law provisions. However, the proceeds of these fees and penalties shall devolve upon Department’s treasury. Article (19) Crimes incurred in violation of implementing this Law provisions may be conciliated under the conditions determined by the executive regulation. However, violating party is entitled to grieve before Grievances Committee against the imposed upon him within fifteen days from the date of notifying the same. Therefore, reasoned resolution on the grievance shall be rendered by Committee within a month from the date of receiving it. However, if the Committee’s resolution is inadmissible by the grievant, the same shall be referred to Public Prosecution. Article (20) Any other provision in contradiction with the provisions of this Law shall be repealed. Article (21) This law shall come into force as date of its promulgation and be published in Official Gazette. SAUD BIN SAQR BIN MUHAMED Al QASIMI Ruler of Ras Al Khaimah Promulgated by us on 26th of Jumada 2nd, 1442 A.H. Corresponding to 8th of February 2021
Law No. 3 of 2021On Imposing Destination Fee in Emirate of Ras Al-Khaimah We, Saud Bin Saqr Bin Mohamed Al Qasimi Ruler of Ras Al Khaimah After perusal of the Constitution; And Federal Law No. 3 of 1987 on issuing Penal Code, as amended; And Federal Law No. 11 of 1992 on issuing Civil Procedures Code, as amended; And Federal Law No. 35 of 1992 on issuing Criminal Procedures Code, as amended; And Emiri Decree No. 5 of 2011 on Establishing Ras Al Khaimah Tourism Development Authority, as amended; And after the approval of the Executive Council; Have promulgated the following Act: Article (1) In implementation of the provisions of this Law, the following phrases and words shall have the meanings indicated opposite each of them, unless the context of text requires otherwise: Emirate: Emirate of Ras Al Khaimah. Ruler: Ruler of the Emirate. Authority: Ras Al Khaimah Tourism Development Authority. President: Chief Executive Officer of the Authority. Sales: Services rendered by hotel establishments to their customers and visitors including rooms or hotel apartment fare, food, drinks and recreation activities prices and all other services rendered under tourist custom. Article (2) The provisions of this law shall apply to all hotel establishments in the emirate including those existing in RAK Economic Zones. Article (3) A fee named Destination Fee shall be collected at rate of 7% of total value of sales of hotel establishments to guests and visitors thereof paid already or shall be paid whatsoever the method of payment. The value of this fee shall be added to the total amount that shall be paid by the commodity purchaser or service recipient and it shall be referred to in articles of this law as The Fee. Article (4) Issuance of invoice shall be the incident that creates the fee. If the establishment neglected issuance thereof, the creating incident shall be the delivery of the sold product or service performance. Article (5) The following establishments shall be considered hotel ones: 1- Hotels, hotel apartments, lodges, holiday houses and different facilities thereof. 2- Tourist camps that provide overnight accommodation. 3- Restaurants and nightclubs existing within establishments referred thereto in the previous article that practice their activity by license independent of the license of such establishments. 4- All authorities, companies and corporations operate within the hotel establishment, or render their services or activities to guests and visitors of the establishment. 5- Restaurants licensed to serve alcoholic drinks including restaurants of clubs or any other authorities. 6- Authorities licensed to operate in the emirate in the field of operating land and sea trips and their activity includes serving alcoholic drinks 7- Any authority renders services to guests and visitors of hotel establishments and is independent thereof. Article (6) The Authority may exempt sales of any hotel establishment from being subject to this fee, according to the terms and controls issued by resolution from the Authority Article (7) The establishment, subject to the provisions of this law, shall commit to the following: 1- Transfer the collected or due fees to the Authority before the end of the fourteenth day of the following month of their collection or due. 2- Maintain regular accounting books and records in which all its operations are recorded according to the standard accounting principles. 3- Keep the accounting records for not less than five years. 4- State value of due fee and any other fees in the announced price of the sales and record this clearly in the invoice issued to the guest or service recipient and in all accounting documents, records and books and financial systems used thereby. 5- Prepare monthly statement of all sales thereof and send the same to the Authority on due fee payment date. 6- Approve its closing accounts at the end of each fiscal year by an account auditor licensed to work in the emirate. 7- Provide the Authority with closing accounts and balance sheets within maximum period of six months from the end date of the establishment’s fiscal year. Article (8) If the establishment stopped operating permanently or temporary, the Authority should be notified within one week of this stoppage and reasons thereof and transfer the collected fee for the period preceding this stoppage along with supporting papers and documents. Notification shall be by means specified by the Authority. Article (9) Commitment of any of the following acts shall be considered as evading from fee payment: 1- Failure to abide by the provisions of article 7 of this law. 2- Manipulate accounting statements or provide incorrect, forged or incomplete information, records or statements in respect of sales and percentage due from the fee. 3- Obstruct or prevent the competent employees of the Authority from conducting works of monitoring, inspection and auditing. 4- Notify of permanent or temporary stoppage of practicing the activity on contrary with reality. 5- Perform any other act that would evade fee payment. Article (10) Without prejudice to any more severe penalty stipulated by other law, anyone commits an act of evasion or violated provisions of this law or resolutions issued in implementation thereof, shall be punished by the financial fine stated in violations & fines schedule attached to this law. The fine shall be doubled in case of repeating the same violation during one year from the date of committing the previous one. Imposing this fine shall not prevent collecting the fee due for the Authority. Article (11) In addition to the fine penalty referred to in article (10), the Authority shall be entitled, in coordination with competent authorities in the emirate, to take any of the following procedures against the violating establishment: 1- Close the establishment or one of the facilities thereof for a period not exceeding three months. 2- Close the establishment till it removes reasons of violation. Article (12) Collection of unpaid amounts of fee and fines due to the Authority shall be by a claim made by the President stating therein name of the debtor establishment, legal representative thereof and fee or fine value. This claim shall be considered as writ of execution to be executed by the competent execution judge according to Civil Procedures Law. Article (13) It is permissible to appeal with the President against taken resolutions or procedures under this law within fifteen days from the date of appealed resolution or procedures notice. This appeal shall be decided on within thirty days from the date of submitting it by a committee formed by the President and the issued resolution on the appeal shall be final. Article (14) The employees of the Authority shall be empowered with law officer capacity in proving acts that occur in violation of provisions of this law or resolutions issued in implementation thereof. For this purpose, they are entitled to enter the establishments or any of their facilities, preview books, records, documents and financial systems held thereby and seize the same, make necessary seizure reports in this regard. Article (15) In order to apply provisions of this law, the Authority is entitled to seek assistance of government departments and authorities in the emirate, including RAK Police General Headquarters. Article (16) The proceeds of fee and fines resulted from applying this law shall devolve upon Authority’s account and it may allocate a percentage not less than 20% of fee proceeds to support hotel establishments in the emirate and if the percentage exceeds this, it should be approved by the Ruler. Article (17) The President shall issue necessary resolutions and instructions to implement provisions of this law. Article (18) This Act shall come into force as date of first of May 2021 and be published in the Official Gazette. Saud Bin Saqr Al Qasimi, Ruler of RAK Issued by us on this day eighth of Sha’ban 1442 H. Corresponding to twenty second of March 2021 G.
Emiri Decree No. (16) of 2020 On Regulating School Transport We, Saud Bin Saqr Bin Mohamed Al Qasimi Ruler of Ras Al Khaimah After perusal of the Constitution; And Federal Law No. 21 of 1995 on Traffic, as amended and Executive Regulation thereof; And Law No. (7) of 2012 on Establishing RAK Executive Council; And Law No. 8 of 2016 on Regulating Practicing Economic Activities in Emirate of Ras Al Khaimah; And Emiri Decree No. 1 of 2008 on establishing RAK Transport Authority; And based on approval of the Executive Council; Have promulgated the following Decree: Article (1) In implementing the provisions of this Law, the following phrases and words shall have the meanings corresponding to each of them respectively, unless context otherwise indicates: State: United Arab Emirates. Emirate: Emirate of Ras Al Khaimah. Authority: RAK Transport Authority. School Bus: Any vehicle licensed or used to transport students from and to schools and nurseries. Electronic Stop Arm: Robotic arm equipped with a board on which the word “STOP” is written in Arabic & English languages and used to give alert when school bus stops for students to embark or disembark. Surveillance Cameras: are technical systems installed inside and outside school buses for control and security protection purposes. Operator: The entity which is authorized by the Authority to practice school transport activity by school buses. Driver: Person holding permit to practice the profession of school bus driver. Supervisor: Person holding permit to practice the profession of school bus supervisor. Article (2) Without prejudice to the provisions of law of regulating practicing economic activities, it is forbidden to practice school transport activity and drive school buses without permit from the Authority. Article (3) The permit term shall be one year and renewable for similar terms, provided that renewal application shall be submitted to the Authority within thirty days from the date of its expiry. In return of issuing the permits, the Authority shall collect fees determined in schedule no. (1) attached to this Decree. Article (4) The Operator shall commit to the following conditions: 1- Use buses that meet safety standards and technical specifications approved by the Authority. 2- Place bus permit clearly inside the bus. 3- Write the phrase “SCHOOL BUS” on all buses in use. 4- Provide buses with electronic stop arm and technical system for communication, navigation, tracking and surveillance cameras inside and outside the bus. 5- Commit to transport students of special needs and provide the bus with equipment and specifications that commensurate with their health status. 6- Appoint general supervisor to supervise all buses and drivers. 7- Appoint at least one supervisor for each bus. 8- Place bus permit clearly inside the bus. Article (5) Second: School bus driver shall commit to the following: 1- Use electronic stop arm and stop the bus alongside the pavement before the students embark or disembark from the bus. 2- Slow down or stop if necessary to allow students to embark and disembark from other vehicles. 3- Not to pass between school buses and pavement while students embark and disembark from the buses. 4- Cover the phrase (SCHOOL BUS) in case of using the bus to practice any other activity. 5- Wear uniform and maintain decent appearance during working hours. 6- Refrain from smoking, eating and drinking while driving. Article (6) The Authority shall undertake periodical monitoring over bus schools to ensure the commitment of the Operators and bus drivers with the conditions stipulated in this Decree and it is entitled to verify the violations committed by such operators and bus drivers with the competent authorities. Article (7) The Authority is entitled to seek the assistance of local government authorities and police in implementing the provisions of this Decree. Article (8) a- Without prejudice to any more severe punishment stipulated by any other law or decree, each person commits any of the violations stipulated in schedule no. (2) attached to this Decree, shall be punished by the fine indicated next to each of them. b- In case the same violation had been recommitted during one year, the fine stipulated in the schedule referred to in paragraph (a) of this article shall be doubled and not exceeding five thousand dirhams. c- In addition to the fine punishment referred to in the paragraphs (a) & (b) of this article, the Authority may take one or more of the following measures against the violator in coordination with the competent authorities in the Emirate. 1- Warning. 2- Suspend the permit for a period not exceeding three months. 3- Cancel the permit The Authority is entitled, upon the request of the party which permit had been cancelled, to issue new permit after elapsing of six months from the date of this cancellation. Article (9) It is permissible, by decision from Director General of the Authority, to suspend or cancel any of the permits issued by the Authority, according to the terms and controls determined by the executive regulation of this Decree. Article (10) Employees and inspectors of the Authority shall be empowered with capacity of law officers in catching acts committed in violation of provisions of this Decree and executive regulation thereof. Article (11) The proceeds of fees and fines collected by this Decree shall devolve upon the Authority’s account. Article (12) Operators and bus drivers shall regularize their status in accordance with the provisions of this Decree within a period not exceeding six months from the date of application thereof. Article (13) Any provision contradicts with the provisions of this Decree shall be cancelled. Article (14) This decree shall come into force from the date of its issuance and be published in the Official Gazette. Saud Bin Saqr Bin Mohamed Al Qasimi Ruler of Ras Al Khaimah Issued by us on 18 Muharam 1442 H. Corresponding to 6 September 2020 G.
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Emiri Decree
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Emiri Decree
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Emiri Decree
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Emiri Decree
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Emiri Decree
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