Law No. 3 of 2017 On Establishing Public Services Department We, Saud Bin Saqr Bin Mohamed Al Qasimi Ruler of Ras Al Khaimah After perusal of United Arab Emirates Constitution; And Federal Law No. 24 of 1999 on Environment Protection & Development, as amended; And RAK Municipality Law of 1981, as amended; And Law No. 2 of 2007 on Environment Protection & Development Authority, as amended; And Law No. 4 of 2012 on Government Cases; And Law No. 7 of 2012 on Establishing Executive Council of Emirate of Ras Al Khaimah; And Law No. 1 of 2013 on Government Human Resources; And Law No. 4 of 2016 on Restructuring & Organizing Department of Economic Development; And Decree No. 4 of 1985 on Establishing Public Works & Services Department; And Regulation No. 1 of 2001 on Public Hygiene in Emirate of Ras Al Khaimah; And Decree No. 18 of 2003 on Establishing Wastewater Authority, as amended; And Decree No. 2 of 2016 on Establishing Waste Management Authority in Ras Al Khaimah; And based on the approval of the Executive Council; Have promulgated the following Law: Article 1 Definitions In implementation of the provisions of this law, the following words and phrases shall have the meaning indicated opposite each of them, unless the context of text indicates otherwise: Emirate: Emirate of Ras Al Khaimah. Ruler: His Highness Ruler of Ras Al Khaimah. Government: Government of Ras Al Khaimah. Executive Council: Executive Council of Emirate of Ras Al Khaimah. Department: Public Services Department. Establishment: Any of the service corporations of Public Services Department. Director-General: Director-General of Public Services Department. Chief Executive Officer: Any of the Managers of the establishments of Public Services Department. Consolidated Budget: The consolidated financial budget of Public Services Department and its four affiliated corporations. It commences with the beginning of the fiscal year on first of January and ends on last day of December and for each corporation therein, there is independent budget to be determined as independent article and estimated in light of its financial revenues and strategic projects to be implemented during the fiscal year or several coming fiscal years. Article 2 Establishing Public Services Department In the Emirate, a government department shall be established and named as Public Services Department. It shall have independent legal personality, financial and administrative independence and legal capacity necessary to conduct works and acts that ensure fulfilling its tasks and achieving its objectives. Article 3 Reorganize and restructure Public Works & Services Department and Wastewater Authority and Waste Management Authority. 1- In the Emirate, two corporations of Public Works & Landscaping shall be established and each of them shall have legal personality and financial and administrative independence within limits set out in this law. 2- Restructure and reorganize Waste Management Authority & Wastewater Authority as two corporations that each of them has legal personality and financial and administrative independence within limits set out in this law. Article 4 Corporations of Public Services Department The following corporations shall subordinate Public Services Department: 1- Public Works Corporation. 2- Wastewater Corporation. 3- Waste Management Corporation 4- Landscaping Corporation. Article 5 Law Objectives This Law aims that service corporations shall practice their activities under single legal entity that coordinates the strategic objectives thereof to get the most benefit from their resources and capabilities in supporting service infrastructure that establishes comprehensive and sustainable civilizational development for the emirate. Article 6 Approve Organizational Structure of Department The Executive Council shall approve the organizational Structures of the Department and any amendment thereto according to Human Resources Law applied in the emirate. Chapter One: Definitions and General Provisions – Approve The Strategic Plan Article 7 Approve The Strategic Plan Director-General shall submit the strategic plan of the Department that includes the strategic plans of the corporations subordinating it after coordination with Municipality Department and other concerned governmental authorities in the emirate and such plan shall be implemented immediately upon the approval of the Ruler or his authorized representative. Article 8 Financial Budget The Department shall have independent and consolidated financial budget of its subordinated corporations to be approved according to the financial systems applied in the emirate. Article 9 Allocate Main Resources & Investments The Ruler or his representative shall approve the financial resources for each of the consolidated budget of the Department and the strategic planes of the subordinated corporations and provisions of main projects. Article 10 Human Resources All employees of Public Services Department and subordinated corporations shall be subject to provisions of Human Resources Law applied in the emirate. Article 11 Employees Transferring & Placement The organizational structure shall determine main administrations and divisions of the Department. The Director-General shall transfer and place the employees in the positions stated therein. The Chief Executive Officer shall place the employees of his corporation, provided that transferring and placement of administrations managers and divisions heads shall be by resolution from Director-General based upon recommendation from the Chief Executive Officer. Article 12 Effect of Transferring & Amendment of Employment Status On Financial Degree No amendment to salaries shall be resulted from transferring employees – even if their job descriptions or job grades differ, unless transfer results in actually promoting the employee to higher degree, provided that enforcement of this article shall be limited to transfer contemporary to enforcement of this law. Article 13 Powers Vested In Chief Executive Officer The Chief Executive Officer shall take necessary procedures to run the corporation, including the following: 1- Determine the specific tasks, powers and competences of the corporation’s employees in all their different job grades and specific competences. 2- Develop the internal policy of corporate work methodology. 3- Propose the strategic plan of the corporation in coordination with all the Department’s corporations and submit the same to the Director-General for discussion and approval. 4- Take all necessary procedures to implement the strategic plan within the specified period of time. 5- Issue internal decisions to regulate work among employees of the corporation. 6- Prepare violations list draft which the corporation has the competence to monitor and submit the same to the Department in preparation to issue the same. And in all cases, the executive regulation shall determine the administrative powers vested in the Chief Executive Officer. Article 14 Controls of Powers Vested In Executive Manager The Chief Executive Officer may not act severally in respect of the following 1- conclude contracts or conduct financial transactions that exceed the permitted limit before obtaining approval of Ruler or the concerned person thereof according to the powers list stated in the executive regulation. 2- Implement the strategic plan other than as approved by the Ruler. 3- Conclude contracts that impose right in rem on the corporation or assign ownership of any of the establishments owned thereby or under its supervision except with approval of the Ruler or his authorized representative in respect thereof based on what has been presented by the Director-General. 4- Take any procedure that shall amends the approved financial statement of the corporation. Article 15 Internal Organizational Structure of Public Services Department Offices, administrations and divisions annexed to the Department shall form their internal organizational structure and shall be approved by the Director-General. Article 16 Public Services Department shall succeed Public Works & Services Department All rights and obligations of Public Works & Services Department shall devolve upon the Department except those pertaining to Public works and Landscaping Corporations. Article 17 Competences of Public Services Department The Department shall be competent to the following: 1- Collect and discuss the strategic plans of the corporations subordinating thereto and prepare the same for approval by the Ruler or his authorized representative in respect thereof. 2- Coordinate between the strategic plans of the corporations subordinating thereto and the strategic orientation of the concerned departments. 3- Achieve corporate interaction between the strategic plans of the corporations subordinating thereto to ensure coordination of work among them. 4- Supervise work in the corporations subordinating thereto and follow up its implementation mechanism to ensure its regularity and implementation in accordance with the approved strategic plans. 5- Adapt the general policies of the corporations subordinating thereto in order to ensure coordinating their strategic plans. 6- Review and approve draft budgets received from the corporations subordinating thereto. 7- Approve financial transaction exceeding the stipulated limit for the Chief Executive Officer. 8- Develop governance mechanism and application standard and methodology od working therewith to control financial transactions of the corporations subordinating thereto. 9- Corporate and legal support to the corporations subordinating thereto. 10- Coordinate with Environment Protection & Development Authority in matters related to environment protection and preserving its quality and natural balance. 11- Judicial seizure of all crimes stipulated in Public Hygiene Act as well as violations related to wastes and sanitation, and employees of Raqib Section shall have capacity of law officer in seizing aforementioned crimes and violations. 12- Establish two committees of Violations and Grievances for employees of the Department and the corporations subordinating thereto. The executive regulation shall determine the tasks and other legal and administrative powers of the Department and acts, transactions and administrative decisions issued by the corporations subordinating thereto and which the Department is competent to approve them. Article 18 Customers Complaints & Grievances Committee A committee shall be formed to consider grievances and complaints submitted by customers against decisions issued by the Department and corporations subordinating thereto. The decision of the Committee shall be binding by approval of Director-General. The executive regulation of this law shall determine work system and competences of the committee and conditions of its membership and term thereof Article 19 Director-General A Director-General for the Department shall be appointed by Emiri Decree and he shall be the Chief Executive Officer therein and represent it before others and is responsible before the Ruler and Executive Council for its administrative, financial and technical affairs. Article 20 Powers of Director-General The Director-General is the line manager of the Chief Executive Officers and shall exercise the following powers within the scope of his competence: 1- Propose the general policy of the Department and supervise implementation thereof after approving the same by the Executive Council. 2- Prepare the final general budget of the corporations after discussing the same with their managers in light of projects and budgets presented by each of the them. 3- Supervise workflow in the Department and corporations subordinating thereto according to laws, regulations, systems and resolutions of Executive Council and issue necessary decisions, instructions and circulars. 4- Approve public policy draft for finance and procurement in the Department and all corporations subordinating thereto. 5- Discuss the strategic plans of the corporation that subordinates the Department and agree on its final form. 6- Propose draft laws, decrees and regulations related to the Department and corporations subordinating thereto and present the same to the Executive Council. 7- Approve work plan for internal audit on corporations subordinating the Department and follow up audit’s notes and give directives in respect thereof. 8- Supervise managers of administrations and divisions of the Department and approve operational plans thereof. 9- Issue decisions on forming committees of violations, grievances and customers complains. 10- Consider request to terminate employees of corporations subordinating to the Department based on request of their Chief Executive Officers or concerned parties. 11- Delegate some of his powers to senior employees in his department if public interest requires that. 12- Any other competences stipulated in the executive regulation of this law. Article 21 Financial Resources of Department The financial resources of the Department shall consist of its provisions set out in article of consolidated budget and revenues of vehicles fees and other resources stated in the executive regulation. Article 22 Public Works Department shall succeed Projects & Roads Department Public Works Corporation shall succeed Projects & Roads Department in its rights and obligations and all equipment, machines and assets of sections included in its organizational structure shall devolve upon Public Works Corporation. Article 23 Corporation Chief Executive Officer A Chief Executive Officer for the Public Works Corporation shall be appointed by Emiri Decree from the Ruler or his representative in respect thereof and he shall represent it before third parties and assume powers of executive management therein and he shall be the senior executive employee therein and the executive regulation shall determine his administrative and financial powers. Article 24 Corporation Executive Tasks Public Works Corporation shall be competent to the following: 1- Implement engineering projects assigned thereto within the strategic plan. 2- Develop engineering work plan for the corporation in light of works assigned thereto. 3- Design, implement and maintain public facilities and infrastructure of road transport. 4- Implement all building and construction works assigned to the corporation. 5- Determine tasks of departments, divisions and sections of the corporation and approve the same by the Chief Executive Officer. 6- Any other competences stipulated in the executive regulation of this law. Article 25 Financial Resources of Corporation The financial resources of the corporation shall consist of fund allocated thereto in the consolidated budget and services fees and other resources stated in the executive regulation. Article 26 Wastewater Corporation shall succeed Wastewater Authority Wastewater Corporation shall succeed Wastewater Authority and all its rights and obligations shall devolve upon Wastewater Corporation. Article 27 Corporation Chief Executive Officer A Chief Executive Officer for Wastewater Corporation shall be appointed by Emiri Decree from the Ruler or his representative in respect thereof and he shall represent it before third parties and assume powers of executive management therein and he shall be the senior executive employee therein and the executive regulation shall determine his administrative and financial powers. Article 28 Corporation Executive Tasks Public Works Corporation shall be competent to the following: 1- Develop and implement wastewater strategy in the emirate in line with the main work plan of Municipality Department. 2- Develop and implement wastewater assets management program in the emirate. 3- Organize activities and develop sources of revenue related to wastewater in the emirate. 4- Implement the main work plan related to treated water. 5- Operate and maintain assets and infrastructure related to wastewater in the emirate. 6- Estimate services and consumption fees and submit the same for approval. 7- Any other competences stipulated in the executive regulation of this law. Article 29 Financial Resources of Corporation The financial resources of the corporation shall consist of funds allocated thereto in the consolidated budget approved by the Ruler of his authorized representative in respect thereof in addition to services and consumption fees and other resources stated in the executive regulation. Article 30 Waste Management Corporation shall succeed Waste Management Authority Waste Management Corporation shall succeed Waste Management Authority and all its rights and obligations shall devolve upon Waste Management Corporation. Article 31 Corporation Chief Executive Officer A Chief Executive Officer for Waste Management Corporation shall be appointed by Emiri Decree from the Ruler or his representative in respect thereof and he shall represent it before third parties and assume powers of executive management therein and he shall be the senior executive employee therein and the executive regulation shall determine his administrative and financial powers. Article 32 Corporation Executive Tasks Waste Management Corporation shall be competent to the following: 1- Develop and implement sustainable strategy for waste management that enhances health, safety and happiness in the emirate, in line with the approved general strategy. 2- Safe handling in collecting, transporting, sorting, recycling, treating, transferring, sale, exporting and landfilling all kinds of hazardous and non-hazardous wastes in the emirate. 3- Organize processes of collecting, transporting, treating, transferring, sorting, recycling, exporting and landfilling all kinds of wastes in the emirate carried out by individuals or corporations. 4- Develop licensing system for individuals and corporations to manage wastes and estimate due fees in consideration thereof and submit the same to the Department for approval. 5- Prepare methodology that aims at developing recycled materials market. 6- Develop social awareness of the importance of managing and recycling wastes using safe and sustainable methods and how to reduce the released wastes. 8- Any other competences stipulated in the executive regulation of this law. Article 33 Financial Resources of Corporation The financial resources of the corporation shall consist of funds allocated thereto in the consolidated budget and proceeds of the projects undertaken thereby and proceeds of the projects undertaken by the corporation and other resources stated in the executive regulation. Article 34 Landscaping Corporation shall succeed Agriculture & Parks Administration Landscaping Corporation shall succeed Agriculture & Parks Administration in Public Works & Services Department and all its rights and obligations shall devolve upon Landscaping Corporation. Article 35 Corporation Chief Executive Officer A Chief Executive Officer for Landscaping Corporation shall be appointed by Emiri Decree from the Ruler or his representative in respect thereof and he shall represent it before third parties and assume powers of executive management therein and he shall be the senior executive employee therein and the executive regulation shall determine his administrative and financial powers. Article 36 Corporation Executive Tasks Landscaping Corporation shall be competent to the following: 1- Develop, maintain and manage all activities related to landscaping and the requirements in relation thereto in public and private green areas. 2- Increase green area by establishing public garden and parks, taking care of and maintain them. 3- Develop sources of revenue through providing maintenance services for landscaping, relative building works and selling seedlings to private sector, other government authorities and individuals. 4- Develop operational policies for landscaping. 5- Organize activities related to landscaping. 6- Design, develop and maintain irrigation networks. 7- Supervise applying regulations and procedures in public parks. 8- Any other competences stipulated in the executive regulation of this law. Article 37 Financial Resources of Corporation The financial resources of the corporation shall consist of provisions allocated thereto in the consolidated budget in addition to fees of its services and revenues of its activities and other resources stated in the executive regulation. Article 38 Exemption From Fees Public Services Department & corporation subordinating thereto shall be exempted from all fees determined for public authorities and corporations and local government departments. Article 39 Approve The Executive Regulation The executive regulation of the law shall be issued within three months from the date of its enforcement and it shall determine the detailed executive powers and tasks of the General-Director and the administrations stated in the organizational structure of the Department and the corporation subordinating thereto and the financial and administrative powers of the Chief Executive Officers and the executive tasks of administrations and divisions stated in the organizational structure thereof and approved by the Executive Council. Article 40 Cancellation & Provisions of Transitional Period Decrees nos. 4 of 1985, 18 of 2008 and 2 of 2016 and any text contradicts with the provisions of this law shall be cancelled and executive regulations and seizure and violation regulations shall continue to be in force till issuance of regulations and resolutions that replace them and the enforcement thereof shall not result in abatement of fees and fines due to Public Works & Services Department and corporations and administrations that had been restructured to corporations. Article 41 Publishing & Law Enforcement This Law shall come into force as 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 this day nineteenth of Ramadan 1438H. Corresponding to fourteenth of June 2017 G.