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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.
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Law
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
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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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