Legislative Power

Definitions

Article 1‎

‎In applying the provisions of this law, the following words and expressions shall have the following meanings, unless the context requires otherwise:

Emirate: Emirate of Sharjah

‎Ruler: Ruler of the Emirate

‎Chairman of the Executive Council: Chairman of the Executive Council of the Emirate

‎Municipality: The municipality established in accordance with the provisions of this law

Council: The relevant municipal council

‎President: The Chairman of the Council

‎Local order: Means any legislation issued by the council in accordance with the provisions of Article (19) of this law.

Establishment

Article 2:

Six municipalities shall be established in the Emirate as follows:

1. Sharjah Municipality.
2. Al Dhaid Municipality
3. Khor Fakkan Municipality.
4. Municipality of Kalba.
5. Dibba Al-Hisn Municipality.
6. Hamriyah Municipality.

The jurisdiction of each municipality is determined according to the geographical and administrative boundaries of the area in which it is located, and the establishment of other municipalities, or the abolition or merging of existing municipalities, shall be by decree of the ruler.

A decision by the Executive Council in the emirate may establish one or more branches of the municipality based on the council’s recommendation.

Article 3:

‎ The municipality undertakes the provision of public services within its geographical and administrative boundaries in the Emirate, and it has a legal personality and enjoys financial and administrative independence.

Article 4: 

‎Subject to the rules of jurisdiction, the municipalities shall manage and develop public utilities of a local nature that fall within their jurisdiction in accordance with the provisions of this law and its executive regulations and any other regulations or decisions issued in the implementation thereof.

Article 5: 

The authorities in each municipality:

• The Municipal Council: It exercises its powers stipulated in Article (17) and is responsible for issuing local orders and monitoring their proper implementation, taking into consideration the jurisdiction of the Council in Articles (18) and (19) of this law.

• The Executive Body: It exercises the authority of administrative and technical execution.

And taking into account the powers of the Chairman of the Executive Council stated in this law or any other law, the Council and the executive body shall be responsible for performing their functions before the Ruler.

Municipal Councils

Article 6:

Subject to Articles (10)/b, (11) of this law:

Each municipality shall have a council consisting of a president and a number of members with opinion, competence and experience appointed by the governor, and he accepts their resignations by an Emiri decree and issues the decree regarding the formation of each council separately within a period not exceeding one month from the date of enforcement of this law.

Article 7: 

A person who is appointed as a member of the Board, whether male or female, must meet the following conditions:

1. To be a citizen of the United Arab Emirates.
2. He shall not be less than twenty-five years old
3. To be of good standing, of good conduct, of good reputation.
4. He has not been previously convicted of a crime involving moral turpitude or dishonesty, unless he has been rehabilitated.

Article 8: 

‎Before assuming their duties, the members of the Council shall take the following oath before the Ruler:

“I swear by Almighty God to respect the laws, to take into account the public interest, and to perform my duties in the Council with honesty, trust and sincerity, and God is a witness to what I say.”

Article 9: 

‎The term of membership in the Council is two years, starting from the first meeting of the Council, and the Council continues to exercise its powers at the end of its term, until a new Council is appointed. Those whose membership period has expired may be reappointed.

‎Mayoralty and Membership

Article 10:

1. Municipalities shall have a mayor who is appointed, relieved of his position, accepts his resignation, and defines his powers by an Emiri decree.

2. In addition to his work, the mayor presides over the Sharjah City Council

Article 11: 

‎If the position of the chairman or member of the council becomes vacant as a result of his loss of membership, his resignation or his death, the ruler may appoint a replacement for him, provided that his term ends with the end of the term of the council during which the appointment was made.

Article 12: 

A council member may resign from his membership, and the resignation is submitted in writing to the Chairman, and It must be presented to the Council in the first session following its submission, and the member may withdraw his resignation before the issuance of the Council’s decision regarding it. The resignation is accepted by an Emiri decree.

Article 13: 

‎ It is prohibited for a council member to carry out, by himself or through an intermediary, work, contracting, or supply for the municipality’s account, or to enter into a sale, lease or barter relationship with the municipality.

A council member may not attend the council’s sessions or its committees, nor participate in its deliberations if he, his spouse, or any of his relatives up to the third degree, personally or through an intermediary, has a personal interest in the matter under discussion, or if he is a trustee or representative of someone who has such a matter. The Council shall take a decision in this matter by secret ballot in the absence of this member.

Article 14: 

‎If a member is absent without justifiable reason from attending the sessions of the Council or its committees for more than three consecutive sessions or six separate sessions, the Council may issue a decision with the approval of the absolute majority considering this member to have resigned, This is only after the member is summoned to hear his statements, and in this case the chairman announces the vacancy of the place and takes the measures stipulated in Article (11) of this law.

Article 15: 

‎Membership of the Council shall be forfeited by one of the membership conditions stipulated in this law, and membership shall also be forfeited by a decision of the Council by a two-thirds majority of the members; This is in the event of a breach of membership duties in accordance with the provisions of this law and its executive regulations.

In all cases, a decision must be issued by the Council to cancel the membership and vacate the place after summoning the member to hear his statements.

Article 16: 

The seat of a member of the Council becomes vacant in the following cases:

• Death. 
• His resignation is accepted.
• If he is convicted of a crime involving moral turpitude and dishonesty.
• Crippling disease.
• His place becomes vacant in the cases stipulated in Articles (14) and (15) of this law

Functions of municipal councils

Article 17: 

‎By observing the rules of competence, the council aims to work by the available means to advance the Emirate in the field of municipal affairs. In order to achieve its objectives, it may exercise in particular the following powers and responsibilities:

1. Monitoring the implementation of laws, regulations and decisions related to the council’s powers and competencies.
2. Studying the proposals submitted by the council members on any issue that is involved in the field of municipal affairs and making the appropriate decision regarding it.
3. Considering and expressing opinion on issues and topics related to municipal affairs that are referred to the council by the ruler, the executive council or other government bodies.
4. Researching and deciding on petitions, complaints and proposals related to municipal affairs, and the council may request the relevant authorities for the necessary data regarding them.
5. Regulating the issuance of building, demolition, restoration and modification licenses in coordination with the competent authorities in the Emirate.
6. Participate with the competent authorities in the study and development of the structural and general urban plans and the detailed plans of the areas.
7. Monitoring the implementation of laws and regulations related to food intended for human and animal consumption.
8. Monitoring the implementation of laws and regulations related to public hygiene and waste collection.
9. Monitoring the implementation of regulations for shops, hotels, hotel apartments, simple professions and street vendors, in coordination with the concerned authorities.
10. Monitoring the implementation of regulations related to lighting, water, sewage and other regulations for public utilities subject to the municipality’s jurisdiction, in coordination with the competent authorities.
11. Monitoring the establishment, development and maintenance of parks, public parks and places of recreation, the protection of beaches from erosion and pollution, and the preservation of a sustainable environment, in coordination with the competent authorities.
12. Participate in the development of regulations for advertisements, as well as commercial and advertising names, and propose fees related to them, in coordination with the competent authorities.
13. Report the establishment of markets and slaughterhouses and the development of their systems in coordination with the competent authorities.
14. Develop systems for landfills, collection, disposal or recycling in accordance with the latest scientific and economic methods; In coordination with other competent authorities.
15. Organizing the rules and conditions necessary for housing animals in inhabited places, and monitoring and developing the applicable legislation related to stray animals.
16. Monitoring the systems for managing cemeteries and determining their locations.
17. Approving the conclusion of contracts and supervising the implementation of contracts that entail financial rights or obligations for the municipality, taking into account Law No. (2) of 1999 regarding the establishment of the Executive Council of the Emirate of Sharjah and the executive regulations and decisions issued pursuant thereto
18. Proposing the naming of new suburbs, neighborhoods, streets, roads and squares, in coordination with the competent authorities.
19. Approval of the draft budget for the new fiscal year, as well as the draft final account for the ending fiscal year.
20. Proposing the imposition of fees, fines, taxes and penalties of a municipal nature, their amendment, exemption and cancellation, and the methods of their collection, provided that a decision is issued by the Executive Council.
21. Proposing the establishment of public parking lots for vehicles and berths of all kinds, in coordination with the competent authorities.
22. Approval of purchases necessary for the work of the Council.
23. Expressing an opinion on monitoring the prevention of beggary and all phenomena contrary to regulations and traditions, in coordination with the competent authorities.
24. Suggesting public health regulations in coordination with the relevant authorities.
25. Setting and monitoring systems for restaurants, shops, cafes, clubs, stadiums, cinemas, their opening and closing times, as well as public utility systems in terms of general maintenance and good utility performance in general.
26. Any other functions referred to it by the Ruler or the Executive Council.

Article 18: 

The executive regulations of this law are issued by a decision of the Executive Council based on a proposal from the municipal councils.

Article 19: 

‎Each council, in order to exercise its powers, may issue local orders in matters not covered by existing legislation, after reviewing them by the Executive Council.

Article 20: 

‎By a decision of the Ruler based on a proposal by the Chairman of the Executive Council, a committee called (the Coordination and Follow-up Committee) may be formed. It includes among its members representatives of the councils and representatives of the government body. It undertakes the tasks of coordinating and following up the work between the councils and the various government bodies.

Council meetings

Article 21: 

‎The Council shall hold its meetings at its headquarters and may meet at any other headquarters if it deems it necessary. The meetings of the Council shall be public, unless the Council decides to hold them confidentially at the request of the Chairman or the majority of the members.

Article 22:

‎The council shall have an annual session or every period of no less than ten months, starting in the first week of September of each year, and the invitation for the first meeting shall be by an Emiri decree.

Article 23: 

Taking into account Article (25) of this law, the Council shall elect a vice-chairman from among the members, and the election shall be by secret ballot and by the majority of the members present.

The vice president shall replace the president in all his competencies in his absence or the vacancy of his position, and in the absence of both, the eldest member of the audience shall assume these competencies.

Article 24:

The Council shall hold a regular meeting at least every two weeks to consider the topics on its agenda. The invitation to the meeting shall be sent in writing at least three days prior to its date, accompanied by the agenda. This date may be shortened in case of urgency.

Article 25: 

The meeting of the council shall not be valid unless half of the members are present. If this quorum is not available, the meeting shall be postponed for a period of one week, and the second meeting shall be valid with the presence of one third of the members, provided that the chairman or his deputy is among them.

The council issues its recommendations and decisions by the majority of the votes of the attendees, and in case the votes are equal, the side of the session’s chairman shall prevail.

Article 26: 

‎The president may summon the council to an extraordinary meeting if there are necessities that require urgency, or if a third of the council members request to hold this meeting.

In this meeting, the council may consider only urgent matters that it has been summoned to consider.

Article 27: 

‎The Director General or the Director of the Municipality, each according to his competence, as the case may be, shall attend all meetings of the Council.

The president may, when necessary, invite whomever he deems fit to be called whether from the government agency employees, municipality employees or experts – duly delegated by the concerned administrative authority – to submit data or give their technical opinions without having a counted vote in the quorum of attendance, deliberations and decision-making.

Article 28: 

‎Taking into account Article (20) of this law, the council may form from among its members committees to discuss one or more of the issues presented to it.

These committees may request the inclusion or summoning of those they deem necessary to include or summon from government employees or other experts and specialists to obtain any information or jurisprudential opinions or to submit specific studies or technical reports on a specific subject. Its sessions are confidential, and the committees submit a report on the outcome of their work to the council to take whatever decisions it deems appropriate.

Article 29: 

Taking into account Article (20) of this law, the Council forms permanent or temporary committees according to the need for work, and sets for each committee what it deems appropriate of special provisions in this regard. The executive regulations and decisions regulate the work and functions of these committees.

Executive body

Article 30: 

1. Each municipality shall have an executive body headed by the mayor.
2. The executive regulation of this law defines its administrative units and their competencies.
3. The organizational structure of the municipalities is issued after approval by the councils and the approval of the Executive Council by an Emiri decree.

Article 31: 

‎Municipal managers are appointed by a decision of the Executive Council based on the recommendation of the concerned council, provided that the appointment of the position of general manager is issued by an Emiri decree.

Article 32: 

‎The Director General and/or the Director in each municipality shall be responsible of the following:

1. Implementation of council decisions.
2. Legal representation of the municipality in accordance with this law
3. Supervising the municipality’s departments and sections and following up on the work they do or are assigned to them.
4. Signing on behalf of the municipality purchase or sales contracts or all other contracts permitted by the council.
5. Studying the topics that will be presented to the council and presenting the results of the study to the president in preparation for submission to the council.
6. Suggesting administrative and financial plans and preparing projects related to the proposed municipal work during the fiscal year and submitting them to the Council for discussion and opinion.
7. Preparing the draft budget and the final account and presenting them to the Council.
8. Submit a financial and administrative report on the municipality’s work in the first month of the year following its presentation to the council.
9. Any other business referred to it by the Ruler or the Chairman of the Executive Council or the Council.

Article 33: 

The mayor may entrust some of his competencies to one of his assistants.

Municipal financial resources

Article 34: 

‎Each municipality shall have an independent budget to be attached to the general budget of the government of the emirate.

Article 35: 

The municipality’s financial resources consist of:

1. Fees to be collected for the services it provides.
2. Amounts obtained from selling, renting and investing their properties.
3. Donations, gifts and bequests that the council approves of accepting.

General Provisions

Article 36: 

‎The municipality shall have a legal department or legal advisor, as the case may be, to express the legal opinion of the executive body and councils, and to prepare legal legislation related to the activity of the municipality.

Article 37: 

The president submits an annual report on the council’s activities for the year ending to the ruler during the first three months of the new fiscal year.

Article 38:

The remuneration of the president, his deputy and members of the council shall be determined by a decision of the ruler.

Article 39: 

‎Taking into account the competencies of the Executive Council, the Council shall undertake the municipal affairs indicated in this law and its executive regulations.

Article 40: 

The funds of the municipality are considered public funds, and the sums owed to the municipality under this law and the decisions issued for its implementation, whether fees, usufruct considerations, etc., shall have a general lien over all the debtor’s movable and real estate funds, and shall be collected as public treasury funds after the judicial expenses are met.

Article 41: 

The accounts of the municipality are subject to the supervision of the Financial Supervision Department in the Emirate.

Article 42: 

‎Municipalities Law No. 1 of 1971 and its amendments shall be repealed, provided that all laws, regulations, and executive decisions issued pursuant thereto shall continue to operate until they are amended or repealed in accordance with this law.

Article 43:

‎This law shall come into force after two months from the date of its issuance, and the concerned authorities, each within its jurisdiction, shall implement its provisions, and it shall be published in the Official Gazette.