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Law No. ( 5 ) of 2024 On Found & Abandoned Articles In Ras Al Khaimah

Law
Law No. ( 5 ) of 2024 On Found & Abandoned Articles In 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. (12) of 1976 on Police & Security Force, as amended; And Federal Law No. (5) of 1985 on Promulgating Civil Transactions Code, as amended; And Federal Law No. (22) of 2016 on Regulating Possession of Dangerous Animals, as amended; And Federal Decree-Law No. (17) of 2019 on Weapons, Ammunition, Explosives, Military Materiel and Hazardous Materials; And Federal Decree-Law No. (31) of 2021 on Promulgating Crime & Penal Law, as amended; And Federal Decree-Law No. (46) of 2021, on Electronic Transactions and Thiqa Services, as amended; And Federal Decree-Law no. (38) of 2022 on Promulgating Criminal Procedures Law, as amended; And Federal Decree-Law No. (42) of 2022 on Promulgating Civil Procedures Law, as amended; And Law No. (7) of 2012 on Establishing Executive Council of Ras Al Khaimah Emirate; And Law No. (9) of 2017 on Regulating Working with Electronic Deeds and Signatures in Emirate of Ras Al Khaimah; And Law No. (2) of 2020 on Managing Assets & Property of Courts & Public Prosecution Departments; And Law No. (10) of 2023 on Impounding, Placing and Disposing Vehicles; And upon approval of the Executive Council; promulgated the following Law: Article (1) In applying provisions of this Law, the following words and phrases shall have the meanings indicated opposite thereto, unless the context requires otherwise: Emirate: Ras Al Khaimah Emirate. Council: Executive Council of the Emirate. Police: Ras Al Khaimah Police General Headquarters. Commander in Chief: Ras Al Khaimah Police Commander in Chief. Found Article: Movable property of value in itself or for owner thereof that may be possessed and found without owner thereof being identified and without being willing to waive it. Left Articles: Movable property that may be possessed and abandoned by owner thereof with intention to leave them. Station: Any of Police Comprehensive Stations, Posts or the like. Offices: Places permitted by the Police to receive found and abandoned articles in the Emirate. Article (2) Provisions of this Law shall apply to found and abandoned articles in the entire territory of the Emirate including Ras Al Khaimah Economic Zones. Article (3) By resolution from the Council, a store or specific place shall be allocated to keep found and abandoned articles and it shall be referred to in this Law as “The Store”. However, the Police shall manage and supervise the store and it may entrust a government authority or licensed private entity in the Emirate with managing it and regulating maintaining found and abandoned articles and disposing thereof. Article (4) The Police shall undertake the following tasks and powers: 1- Set up a unified electronic system for operational and financial processes of found and abandoned articles, supervise, update and develop the same, in cooperation with relevant authorities. 2- Set special requirements for places of maintaining found and abandoned articles of the offices in cooperation with relevant authorities. 3- Grant offices access to the unified electronic system to receive proclamations of found and abandoned articles and deliver the same to the station or store. 4- Supervise offices whether by itself or in participation with others or entrust that to a one of the licensed entities. 5- Publicize the found article by electronic means through the unified system or in the manner and means it deems appropriate. 6- Estimate costs of moving, maintaining and publicizing the found article and disposing thereof. 7- Conclude necessary Memorandums of Understanding with government authorities and companies to implement provisions of this Law and resolutions promulgated in implementation thereof. 8- Any other tasks necessary to apply provisions of this Law. Article (5) All government authorities in the Emirate should coordinate and cooperate with Police to implement provisions of this Law and report any found article therewith and register it in the system and deliver the same at time and place determined by the Police. Article (6) Police and offices should do the following tasks: 1- Receive proclamations of found article, each within competence thereof and record the same in the system. 2- Receive found and abandoned articles and register details and descriptions thereof and time and place of finding them, informant details and any other information that may identify owner of the found article. 3- Communicate with owner of found article if possible to inform him to come and receive it. Article (7) Offices should hand over found and abandoned articles which they are permitted to receive at times and places determined by the Police. Article (8) The catcher should notify Police or offices immediately that he stumbled on the found article and hand it over to the nearest police station or office and the catcher is prohibited from disposing or possessing the found article with intention of owning. Article (9) The Police may grant catcher thanks certificate in appreciation of his honesty or reward ranging between 5 to 10 % of the found article value which he handed over and not exceeding fifty thousand dirhams according to controls and terms determined by the Police. The reward shall be deducted from the found article’s value whether owner thereof demanded to get it back or not. Article (10) 1- After lapsing of a term not less than six months after announcing receipt the found and abandoned articles, the Police shall dispose thereof by sale, donation, recycling or damaging the same according to terms, controls and procedures issued by resolution from Commander in Chief. 2- As an exception to the first clause of this article, the Police may dispose, without a notice, of the following objects and movables: a- Objects prohibited to be carried or shipped in aircrafts, trains, ships and maritime means, buses and other means of public transport and owners thereof abandoned them, after elapsing of sixty days from the date of receiving them. b- Objects and funds left behind by inmates of penitentiary and correctional institutions after elapsing of sixty days from their release date. c- Movables seized or attached in the store after elapsing of sixty days from the date on which reason of seizure or attachment had disappeared without their owners or rights holders thereon apply to receive them. Article (11) The Police may, in all cases stated in article (10), dispose immediately and without notice of found and abandoned articles that are subject to damage, destruction, flow or decrease over time or preservation thereof requires expenses that consume their value or cannot be preserved due nature thereof. Article (12) Owner of found article is entitled to get it back before disposing thereof and tracking the same while on possession of the one who got it without consideration or get consideration thereof in case of disposing of the same against consideration. Article (13) In case of dispute over propriety of found article, the same shall be handed over or pay price thereof to the person to whom the court judged for propriety thereof by final judgment. Dispute over propriety of found article shall not prevent the Police from disposing thereof if it is subject to damage, destruction, flow or decrease over time or preservation thereof requires expenses that consume their value or cannot be preserved due nature thereof as long as no court decision to prevent disposing thereof is issued till dispute is resolved. Article (14) The found article or price thereof, as the case may be, shall be delivered to its owner who shall bear costs of moving, preserving, maintaining, publicizing and selling it. Article (15) Provisions of getting back the found article or price thereof shall apply to abandoned articles if it is proved at any stage of preservation or disposing thereof that their owner did not abandon them with intention to leave them. Article (16) Existence of fees, fines or any financial obligations due from found or abandoned articles shall not prevent from disposing thereof according to provisions of this Law. Article (17) Rights due from the found article shall be transferred to the remaining of its sale price and propriety thereof shall devolve upon the purchaser according to provisions of this Law free from any financial obligations to third parties. The report of disposal thereof shall be considered as title transfer deed and all authorities shall lift restrictions on disposal thereof. Article (18) The lawsuit of claiming the found article or price thereof shall not be considered and the same becomes public property that devolves upon Emirate’s public treasury by elapsing of five years since placing it in the store. If the found article is placed by decision issued of seizing or attaching it, hence, from the date on which reason of seizure or attachment thereof had disappeared Article (19) The Council shall issue, upon proposal of Commander in Chief, the regulation of this Law, a schedule of fees and another one of violations and administrative and financial penalties resulted therefrom. The proceeds of fees and penalties shall devolve upon Police treasury. Article (20) Commander in Chief shall issue the necessary decisions to implement provisions of this Law. Article (21) Each other provision contradicts with provisions of this Law shall be repealed. Article (22) This Law shall come into force as date of its promulgation and be published in the Official Gazette. Saud Bin Saqr Bin Mohamed Al Qasimi Ruler of Ras Al Khaimah Promulgated by us on this day First of Rabi Al Awal 1446H. Corresponding to Fourth of September 2024G.
  • In applying provisions of this Law, the following words and phrases shall have the meanings indicated opposite thereto, unless the context requires otherwise:
    Emirate: Ras Al Khaimah Emirate.
    Council: Executive Council of the Emirate.
    Police: Ras Al Khaimah Police General Headquarters.
    Commander in Chief:  Ras Al Khaimah Police Commander in Chief.
    Found Article: Movable property of value in itself or for owner thereof that may be possessed and found without owner thereof being identified and without being willing to waive it. 
    Left Articles: Movable property that may be possessed and abandoned by owner thereof with intention to leave them. 
    Station: Any of Police Comprehensive Stations, Posts or the like.
    Offices: Places permitted by the Police to receive found and abandoned articles in the Emirate. 
     

  •  Provisions of this Law shall apply to found and abandoned articles in the entire territory of the Emirate including Ras Al Khaimah Economic Zones. 


  •  By resolution from the Council, a store or specific place shall be allocated to keep found and abandoned articles and it shall be referred to in this Law as “The Store”. However, the Police shall manage and supervise the store and it may entrust a government authority or licensed private entity in the Emirate with managing it and regulating maintaining found and abandoned articles and disposing thereof.  

  • The Police shall undertake the following tasks and powers: 
    1- Set up a unified electronic system for operational and financial processes of found and abandoned articles, supervise, update and develop the same, in cooperation with relevant authorities.  
    2- Set special requirements for places of maintaining found and abandoned articles of the offices in cooperation with relevant authorities. 
    3- Grant offices access to the unified electronic system to receive proclamations of found and abandoned articles and deliver the same to the station or store. 
    4- Supervise offices whether by itself or in participation with others or entrust that to a one of the licensed entities. 
    5- Publicize the found article by electronic means through the unified system or in the manner and means it deems appropriate. 
    6- Estimate costs of moving, maintaining and publicizing the found article and disposing thereof. 
    7- Conclude necessary Memorandums of Understanding with government authorities and companies to implement provisions of this Law and resolutions promulgated in implementation thereof. 
    8- Any other tasks necessary to apply provisions of this Law. 

     
  • All government authorities in the Emirate should coordinate and cooperate with Police to implement provisions of this Law and report any found article therewith and register it in the system and deliver the same at time and place determined by the Police. 

  • Police and offices should do the following tasks: 
    1- Receive proclamations of found article, each within competence thereof and record the same in the system. 
    2- Receive found and abandoned articles and register details and descriptions thereof and time and place of finding them, informant details and any other information that may identify owner of the found article. 
    3- Communicate with owner of found article if possible to inform him to come and receive it. 

  • Offices should hand over found and abandoned articles which they are permitted to receive at times and places determined by the Police. 

  • The catcher should notify Police or offices immediately that he stumbled on the found article and hand it over to the nearest police station or office and the catcher is prohibited from disposing or possessing the found article with intention of owning.  

  • The Police may grant catcher thanks certificate in appreciation of his honesty or reward ranging between 5 to 10 % of the found article value which he handed over and not exceeding fifty thousand dirhams according to controls and terms determined by the Police. The reward shall be deducted from the found article’s value whether owner thereof demanded to get it back or not. 

  • 1- After lapsing of a term not less than six months after announcing receipt the found and abandoned articles, the Police shall dispose thereof by sale, donation, recycling or damaging the same according to terms, controls and procedures issued by resolution from Commander in Chief.
    2- As an exception to the first clause of this article, the Police may dispose, without a notice, of the following objects and movables: 
    a- Objects prohibited to be carried or shipped in aircrafts, trains, ships and maritime means, buses and other means of public transport and owners thereof abandoned them, after elapsing of sixty days from the date of receiving them. 
    b- Objects and funds left behind by inmates of penitentiary and correctional institutions after elapsing of sixty days from their release date. 
    c- Movables seized or attached in the store after elapsing of sixty days from the date on which reason of seizure or attachment had disappeared without their owners or rights holders thereon apply to receive them. 

  • The Police may, in all cases stated in article (10), dispose immediately and without notice of found and abandoned articles that are subject to damage, destruction, flow or decrease over time or preservation thereof requires expenses that consume their value or cannot be preserved due nature thereof.

  • Owner of found article is entitled to get it back before disposing thereof and tracking the same while on possession of the one who got it without consideration or get consideration thereof in case of disposing of the same against consideration. 

  • In case of dispute over propriety of found article, the same shall be handed over or pay price thereof to the person to whom the court judged for propriety thereof by final judgment. Dispute over propriety of found article shall not prevent the Police from disposing thereof if it is subject to damage, destruction, flow or decrease over time or preservation thereof requires expenses that consume their value or cannot be preserved due nature thereof as long as no court decision to prevent disposing thereof is issued till dispute is resolved.  

  • The found article or price thereof, as the case may be, shall be delivered to its owner who shall bear costs of moving, preserving, maintaining, publicizing and selling it.

  • Provisions of getting back the found article or price thereof shall apply to abandoned articles if it is proved at any stage of preservation or disposing thereof that their owner did not abandon them with intention to leave them. 

  • Existence of fees, fines or any financial obligations due from found or abandoned articles shall not prevent from disposing thereof according to provisions of this Law.  

  • Rights due from the found article shall be transferred to the remaining of its sale price and propriety thereof shall devolve upon the purchaser according to provisions of this Law free from any financial obligations to third parties. The report of disposal thereof shall be considered as title transfer deed and all authorities shall lift restrictions on disposal thereof. 

  • The lawsuit of claiming the found article or price thereof shall not be considered and the same becomes public property that devolves upon Emirate’s public treasury by elapsing of five years since placing it in the store. If the found article is placed by decision issued of seizing or attaching it, hence, from the date on which reason of seizure or attachment thereof had disappeared 

  • The Council shall issue, upon proposal of Commander in Chief, the regulation of this Law, a schedule of fees and another one of violations and administrative and financial penalties resulted therefrom. The proceeds of fees and penalties shall devolve upon Police treasury. 

  • Commander in Chief shall issue the necessary decisions to implement provisions of this Law.

  • Each other provision contradicts with provisions of this Law shall be repealed. 

  • This Law shall come into force as date of its promulgation and be published in the Official Gazette.
Classification
  • Civil Legislation
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