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Law & Internal Procedures

The law and the constitution of the National Consultative Council


In the name of Allah, Most Gracious, Most Merciful

“Who conduct their affairs by mutual consultation”

The Great Allah speaks the Truth

 



The National Consultative Council should work together with the government and its role in this field is embodied in taking care of the benefits of this nation, maintaining and supporting the achievements acquired by our peoples and achieving more advantages for this nation.

The departed
Sheikh Zayed Bin Sultan Al Nahyan
May Allah cover him with His Grace

Introduction:

On July the 1st, 1971 the departed Sheikh Zayed Bin Sultan Al Nahyan (Mercy of Allah be upon him) issued the law No. (2) of 1971 to constitute the National Consultative Council of the Emirate of Abu Dhabi and he opened the assembly of the first session of that Council on the 3rd of October of the same year.
The National Consultative Council consists of fifty five members maximum and its membership is for two renewable years. The meetings of the Council are held in legislative terms of two annual sessions. The ordinary annual session will be at least for eight months and it starts in the first week of November every year. His Highness the ruler or his representative attends the first meeting in that session and he delivers the speech of the official opening. The Council can be called for extraordinary session when required.
The law and constitution of the Council show its most important powers and how they can be practiced. They can be summarized in discussing the drafts of the local laws of the Emirate of Abu Dhabi, discussing the general subjects, addressing questions to the chairman and members of the Executive Council and receiving petitions and complaints from nationals.
In implementing its mission the Council had the higher attention of the departed Sheikh Zayed bin Sultan Al Nahyan and it is still supported by H. H. the President of the State and the Ruler of the Country Sheikh Khalifa Bin Zayed Al Nahyan, and H. H. the Crown Prince Sheikh Mohammed Bin Zayed Al Nahyan. The Council keeps to perform its rule within the limits of the provisions of its law and constitution out of the loyalty to the country and its wise leaders and aiming at the active participation in the service of the issues of the home country and the nationals.

 

Law No. 2 of 1971
of the National Consultative Council
and its further amendments

 

We, Zayid bin Sultan Al Nahyan, Ruler of Abu Dhabi,
 order to put the following law:

Article (1)

A National Consultative Council is formed to assist the ruler and the executive council of the (Emirate of Abu Dhabi) in performing their missions. It shall be consisted of the notables and lords of the country who are wise and have high positions among their peoples and who have performed notable services for the country. They are nationals of Abu Dhabi and original nationals of the Arab Emirates of the Gulf.

Article (2)

The members of the Council should not be more than fifty five members.
* Article (2) revised by Law No. 1 of 1990

Article (3)

The Ruler will select, appoint and accept the resignation of the members of the Council by Emiri decree. The members of the first National Consultative Council within two months maximum after putting this law into force.

Article (4)

The term of the membership in the Council will be for two renewable years starting from the first assembly of the Council. Those members, whose membership has expired, can be reselected.

Article (5)

The membership of the National Consultative Council cannot be joined together with any other public position including the positions of heads of departments.

Article (6)

The Executive Council of the (Emirate of Abu Dhabi) shall present the laws drafts to the National Consultative Council during its assembly to be discussed and its recommendations to be submitted to the Executive Council before they are submitted to the Ruler to be attested by him and to give his order to be issued.
 In its first meeting the Council will be notified of the laws which have been issued while it has not been assembled.

Article (7)

The Executive Council of the (Emirate of Abu Dhabi) shall notify the National Consultative Council of the alliances and agreements made with other countries and various organizations enclosed with proper description.

Article (8)

The National Consultative Council shall be entitled to discuss and general subject related to the affairs of the country in the presence of the concerned heads of departments and to show its intentions and recommendations about them to the Ruler or the Executive Council of the Emirate of Abu Dhabi. The head of department shall reply the questions related to its competency addressed to him by the members of the Council in accordance with the procedures stated in the constitution of the Council.

Article (9)

The National Consultative Council shall submit its recommendations to the Executive Council of the Emirate of Abu Dhabi about all issues referred to it within one month maximum.

Article (10)

Before the commencement of its duties in the Council the member of the National Consultative Council shall take the following oath before the Ruler:

 “I swear by the great Allah to be loyal to the Country and the Ruler, to respect its laws, to make my effort for its progress and prosperity and to perform my duties in the Council with entire loyalty and sincerity and Allah is the witness of my saying”.

Article (11)

The position of the member of the Council shall be vacant in the following cases:

1-     In case he expires.

2-     In case he resigns.

3-     If he is pronounced guilty in immoral crime.

Article (12)

If the position of any member of the Council becomes vacant for some reason the Ruler will appoint his successor within two months after the date of announcing such vacancy. Unless the vacancy occurs during the last three months of the term of the Council the new member will resume the term of the membership of his antecedent.

Article (13)

The Council shall hold its meetings in the capital and it can be held at another locations if it is so stated in the decree issued to call for its assembly.

Article (14)

The Council shall have an annual ordinary session of assembly of eight months minimum and it starts in the first week of November every year.
The Council can be called for assembly in an extraordinary session if required.
* Article (14) revised by Law No. 2 of 1980

Article (15)

 Calling the Council for assembly and closing the session will be made by Emiri decree. Any contrary assembly held by the Council or held in a location other than the legal location decided to held its meetings according to this law will be considered invalid and will have no effect.

Article (16)

The Ruler or his representative (deputy) will open the first ordinary session of the National Consultative Council when it is formed every two years. The government will provide the Council with a statement of the performances made. The National Consultative Council should select a committee from its members to prepare the comments and intentions of the Council. After it is approved by the Council, the opinion will be submitted to the ruler.
* Article (16) revised by Law No. 4 of 1995

Article (17)

The members of the Council will not be blamed for their showed sayings and opinions during the performance of their duties in the Council or its committees.

Article (17) Repeated

During the session of the Council assembly and in a case other than the red-handed it is not allowed to take any penal actions against any member of the Council except if it is permitted by the Council. In case such actions are taken in the absence of the Council it should be notified thereof as it is clarified in the constitution of the Council.
* Article (17) repeated has been added according to Law No. 2 of 1980

Article (18)

From the date of swearing the oath the chairman and the members of the Council will be entitled for a reward as defined by law.

Article (19)

In the first meeting of its legislative term the Council will elect by a covert voting a chairman and a vice-chairman in accordance with the rules and procedures stated in the constitution of the Council. The term of the chairman and the vice-chairman will expire when the membership term of the Council expires according to the provisions of this law.
* Article (19) revised by Law No. 2 of 1980

Article (20)

The Council will take over putting its constitution which will be issued by Emiri decree. The constitution will define the powers of the chairman and the vice-chairman and in general everything related to the issues of the Council, its committees, members and employees of its general secretariat, how the perform their duties, the rules and procedures of discussion and election in the Council and the committees and other affairs within the limits of the provisions of this law.

Article (21)

The assemblies of the Council will be open and closed assemblies can be held if required by one of the heads of departments, the chairman or at least one third of its members.

Article (22)

The assemblies of the Council can be adjourned by Emiri decree for one month maximum. Also by Emiri decree the Council can be dissolved provided that the decree of dissolution should include the call for the new Council to be held within sixty days maximum after the date of the dissolution decree but the new Council can not be dissolved again for the same reasons.
This law should be executed from date it is signed.

Zayed Bin Sultan Al Nahyan
Ruler of Abu Dhabi

Issued in our Court in Abu Dhabi
On 08.05.1391 corresponding to
01.07.1971

 

Emiri decree No. (39) of 1972 About the Constitution of the National Consultative Council and its amendments

We, Khalifa Bin Zayed Al Nahyan, the Vice-Ruler of Abu Dhabi,

On the basis of the powers invested to us by H. H. the father, Zayed Bin Sultan Al Nahyan, the Ruler of Abu Dhabi, according to the provisions of Article (20) of the Law of the National Consultative Council No.(2) of 1971 and according to what has been presented by the Chairman of the Consultative Council and approved by the Executive Council

have issued the following decree:

 

Section One – Organizing the Council Chapter One Formation of the Council and Provisions of Membership

Article (1)

The National Consultative Council is formed of fifty five members maximum, who are selected by the Ruler of the Country. 

Article (2)

It is stipulated that the member of the Council to be one of Abu Dhabi citizens, of those who are wise and have high positions among their peoples and one of the original nationals of the Arab Emirates of the Gulf who have performed notable services for the country.

Article (3)

 During his membership in the Council anyone of the members is not allowed to join between the membership and any other position of the public positions including the posts of heads of departments. 

Article (4)

 The member of the Council who may join between the membership and taking over one of the public positions should choose one of them within eight days after the occurrence of such joining otherwise he will be considered that he has chosen the latest one.
During the period preceding the choice he will be entitled to receive the salary or remuneration of the chosen position only.

Article (5)

The term of the membership in the Council will be for two Gregorian years starting from the first assembly of the Council. Those members, whose membership in the Council has expired, can be reselected.

Article (6)

Before the commencement of its duties in the Council the member of National Consultative Council shall take the following oath before the Ruler:
“I swear by the great Allah to be loyal to the Country and the Ruler, to respect its laws, to make my effort for its progress and prosperity and to perform my duties in the Council with entire loyalty and sincerity and Allah is the witness of my saying”.

Article (7)

The Council shall hold its meetings in the capital and as an exception the Council can hold at its meetings at any other location if it is so stated in the decree issued to call for its assembly.
Any assembly held by the Council at a time and location other than what is decided for the assembly will be considered invalid and the decisions issued in it will be ineffective.

Article (8)

 Any member of the Council can resign from its membership. His resignation should be submitted in writing to the chairman and it should be presented to the Council at the first assembly after its submission. The member can change his mind before the issuance of the Council’s decision about it. Acceptance of the resignation will be made by Emiri decree.

Article (9)

 If the position of any member of the Council becomes vacant before the end of his membership due to his death, resignation or pronouncing him If guilty in an immoral crime the Chairman will announce it and will notify the Ruler within a week maximum to select another member within two months after the date of announcing such vacancy by the Council unless the vacancy occurs during the last three months of the term of the Council.
The new member will resume the term of the membership of his antecedent.

Article (10)

 A member of the Council is free to show his sayings and opinions during the performance of his duty inside the Council or its committees. However, he can not be blamed for any condition whatsoever.

Article (10) Repetition one

 During the session of the Council assembly and in a case other than the red-handed it is not allowed to take any procedure of investigation, inspection, arresting, imprisoning or any other penal action against any member of the Council except if it is permitted by the Council. In case of the red-handed the Council should be notified of the penal actions that might be taken during its meeting.
In case a penal action is taken against any member of the Council in the absence of the Council it should be notified thereof in its first meeting and to continue such action it should be permitted by the Council.
In all cases if the council does not issue its decision in requesting the permission within one month after receiving it, it will be considered as a permission.

Article (10) Repetition two

 The request for permission to remove the immunity of the member is submitted to the Chairman by the Minister of Justice or the person intending to file its case against the member before the penal courts.
The request should be enclosed with the papers of the case for which it is required to take penal actions, or with an official copy of the lawsuit petition with its supporting documents if the request is submitted by one of the individuals. The chairman will refer said requests to the committee of legislative and legal affairs to be studied and submit a report about them to the Council.
Studying such requests before the committee and the Council will be made on urgent basis.
* Article (10) repetition one and Article (10) repetition two have been added by the Emiri decree  No. 3 of 1980

Article (11)

If a member fails to attend a meeting he should notify the chairman of the reasons for his failure. In case he is obliged to be absent for more than one month he should take the permission of the chairman.
It is not allowed for any member to ask for unlimited leave.
Furthermore, it is not allowed for a member, who attends a meeting, to leave it completely before it is concluded unless he takes the permission of the chairman.

Article (12)

 It a member fails to attends in one session without acceptable excuses for five successive meetings or ten non-successive meetings, his remuneration of the membership will be stopped for the period he has been absent without acceptable excuse.

Article (13)

 If a member fails to attend the meetings of the committee, in which he participates, without any excuse fore three successive meetings, the committee with the majority of members of whom it is consisted, will have the right to consider such member resigning of its membership and the committee will advise the Council thereof in the first following meeting so that another member can be selected.

Article (14)

It is not allowed for any member to interfere in any work of the works of the judicial or executive authorities.

 

Chapter Two

Chairmanship and Secretariat of the Council

 

Article (15)

In the first meeting of its legislative term the Council will elect a chairman and a vice-chairman out of its members.
In all cases the election will be secret with absolute majority of its present members.
If such majority is not achieved in the first time, the election will be repeated between the two members who get the majority of the votes. In case another member gets the same votes of the second one, he will take part with them in the election of the second time.
 In such case the election will be made by relative majority. If more than one member gets the relative majority, one of them will be selected by lot.
Until the chairman is elected the first meeting will be headed by the oldest member.
* Article (15) revised by Emiri decree  No. 3 of 1980

Article (16)

If the position of the chairmen or the vice-chairman of the Council becomes vacant for any reason whatsoever, the Council will select in  the way mentioned in the previous article his substituent in the first meeting after the occurrence of the vacancy in case the Council is the term of assembly.
 If such vacancy occurs during the vacation of the Council, selection will be made in the first week of the Council assembly.
 The term of the chairman and the vice-chairman will expire when the term of the Council membership expires or when it is dissolved according to the provisions of Articles (4) and (22) of the Law No.(2) of 1971 about the National Consultative Council.
* Article (16) revised by Emiri decree  No. 3 of 1980

Article (17)

 The chairman will represent the Council in its communications with other authorities and he will speak in its name. He will supervise all its works and observe its committees. He will also supervise the general secretariat of the Council. He should observe and apply the laws and execute the texts of this constitution.
He will particularly take over the following issues:

A-       To maintain order in the Council. Therefore, the guards of the Council will obey his orders and if required the chairman can ask the help of the policemen.

B-       To lead the meetings of the Council, allow speaking, organize discussion, take the votes and announce the decisions issued by the Council.

C-       To prepare the balance sheet and final statement of the Council and present them to the committee of the financial affairs to be studied and then to be presented to the Council for its approval.

D-       To sign the contracts in the name of the Council.

E-       To practice the powers invested by law to the chairman of the department for the officers and employees of the Council.

F-        To put a system for the attendance of the meetings of the Council by the visitors and he shall have the right to order the dismissal of any visitor if he talks in the meeting or shows admiration or disapproval in any way whatsoever and to take legal actions against him if it is required.

Article (18)

If the chairman is absent or something prevents him of attending,  the Council will be led by his vice-chairman and if the later is absent or something prevents him of attending, the oldest attending member will lead it.
 When he is absent the chairman can bestow all or some of his powers to his deputy (vice-chairman) if he is not absent.
The vice-chairman can replace the chairman in all his competencies if he is absent for more than four continuous weeks.

Article (19)

The general secretariat and the legal department of the Council will be organized by a decision of the chairman. Such decision will include the detailed provisions of the administrative, financial and legal affairs.
The general secretariat will be headed by a general secretary and the legal department will be headed by a legal advisor. Both of them are appointed by Emiri decree on the basis of a nomination by the chairman.
 The appointment in the positions of the general secretariat will be made by a decision by the chairman on the basis of a nomination by the general secretary. The laws of the civil service and the regulations and rules applied in this concern will be effective on the employees and officials of the Council until the regulations of the Council are issued.
* The last paragraph of the article was revised by Emiri decree  No.21 of 2003

Article (20)

The general secretary will be responsible for the affairs and employees of the general secretariat before the chairman. He will attend the ordinary meetings of the Council and he can attend its secret meetings, if it is approved by the Council. He should attend the meetings of the committees if the committee asks for that.
 As for the employees of the Council the general secretary shall have the powers decided by laws and regulations for the undersecretary of the department regarding the affairs of his department and its employees.
 The legal advisor shall show his legal opinion about the subjects referred to him by the chairman, the Council or its committees. He should attend the meetings of the Council whenever he is asked to do so. He will be responsible for the works of the legal department before the Chairman.

Article (21)

In case the Council is dissolved, the general secretariat and the personnel of the Council in the general secretariat are attached with the Executive Council of the Emirate of Abu Dhabi.

Article (22)

 The Council will form the following permanent committees:

1-     The committee of internal affairs and defense of (8) members.

2-     The committee of financial and economic affairs, industry, commerce and oil of (8) members.

3-     The committee of legislative and legal affairs of (8) members.

4-     The committee of educational affairs, agriculture and information of (8) members.

5-     The committee of health affairs, work and social affairs of (8) members.

6-     The committee of municipalities and public utilities of (8) members.

When any subject is related to more than one committee, the Council will define the priority of both of them or it refers it to a mutual committee including more than one committee according to the provisions of this constitution or as it is seen by the Council as private provisions.

Article (23)

 The Council shall have the right to form other permanent or provisional committees according to work requirements and it will put private provision for each committee.

Article (24)

 The Council will elect the members of the committees by relative majority. Each member of the Council should participate at least in one committee. Any member is not allowed to participate in more than two permanent committees.

Article (25)

 Out of its members each committee will elect one head and one reporter and it will have a secretary of the employees of the Council. In case the head of the committee is absent, the reporter will take over his powers. If both of them are absent the oldest attending member will replace them. The chairman will be in charge of calling the committees for meeting till their heads.

Article (26)

 The reporter will recite the report of the committee in the Council and will follow up its discussion. The committee will have the right to choose for certain subject another reporter of its members to work with the permanent reporter or to work individually for that certain subject.
 In its works the committee can get the help of one or more advisors or employees of the Council. It can also ask through the chairman for the help of one or more advisors or employees of the government but no one of those can participate in the poll.

Article (27)

The meetings of the committees will be secret and will be held with the attendance of the absolute majority of their members. A minutes of meeting will be written down where the discussions are concluded and decisions are written down and it will be signed by the head and the reporter of the committee.
Each member of the Council shall have the right to attend the meetings of the committees which he is not a member of provided it is approved by the committee and he does not interfere in the discussion or show any comments.
 Each member of the Council shall have the right to review the minutes of the committees.

Article (28)

 Through the chairman the committees can ask the public departments, authorities and establishments to provide them with the information and documents deemed by them to be necessary for studying the subject submitted to them. Such parties should provide the required documents and information to be reviewed by the committee before sufficient time of preparing its report.

Article (29)

Projects and papers are distributed to the members at least three days before holding the meeting of the committee. Such period will be reduced to twenty four hours in case of urgency.

Article (30)

 The heads of departments shall have the right to attend the meetings of the committees when a subject related to their departments is discussed. They can accompany one or more of the senior competent officials or experts or authorize any one of them to represent them. The head of department, his companion or representative shall have no vote in the discussions of the committee but their opinions can be fixed in the report.
 Through the chairman the committees shall have the right to ask the presence of the concerned head of department to discuss the subject submitted to them. In such case the head of the department or his representative should attend according to the above paragraph.

Article (31)

The meetings of the committees will be held on the basis of an call of their heads or an call by the chairman. They should be called for meeting if it is requested by the majority of its members.
 The call for the meeting of the committee should be made at least twenty four hours before it is held and the agenda of the meeting should be sent to the members.

Article (32)

The postponement of the meetings of the Council will not hinder holding the meetings of the committees to perform their works and the chairman shall have the right to call the committees for meeting between the sessions of holding if he finds proper time for same or on the basis of the request of the Executive Council or the head of the committee.

Article (33)

The committees shall have the right to participate in discussing one subject and to hold a mutual meeting with the approval of the chairman. In such a case the head and the reporter of the meeting will be the oldest head and reporter of the committees.
 A requirement of the validity of the mutual meeting is that at least the majority of the members of each committee should attend the meeting. The decisions are issued by the approval of the majority of the attending members.

Article (34)

The committee will provide the chairman with a report about every subject referred to it and such report will conclude its work and recommendations within two weeks after referring the subject to it. The Council shall have the right to give the committee more time or to refer the subject to another committee if the delay in submitting the report beyond the fixed time is repeated. The Council shall also be entitled to take the decision about the subject directly without the need to wait for the report of the committee.

Article (35)

The report of the committee should include the originally proposed project and the project decided by the committee and the reasons which it has depended upon in taking its decision. It should also include the opinion of the minority.
The reports of the committees are distributed to the members of the Council with the agenda.

 

Section Two – The Meetings
Chapter One The Assembly of the Council

 

Article (36)

The Council will have an annual ordinary session of eight months minimum starting from the first week of November every year.

Article (37)

The Council will hold its ordinary session on the basis of a summon issued by Emiri decree.

Article (38)

 The Council will be summoned by Emiri decree  to extraordinary meeting if required. In the extraordinary assembly the Council is not allowed to discuss the subjects other than the ones it is summoned for.

Article (39)

Emiri decree should be issued to close the ordinary and extraordinary sessions of assembly.

Article (40)

By Emiri decree it will be allowed to postpone the meetings of the Council for one month maximum. The period of postponement is not calculated in the term of ordinary session of the Council.

* Article (36) revised by Emiri decree  No. 3 of 1980

Article (41)

The Council will hold an ordinary meeting every Monday every fortnight unless it is decided otherwise by the Council or there are no works requiring the meeting.

Article (42)

The chairman will prepare the agenda and advise it to all members and general secretariat of the Executive Council at least three days before holding the meeting.

The chairman can summon the Council for meeting before ordinary schedule if he finds it necessary and he should summon if it is asked by the government or at least twenty of its members.

The subject required to be discussed should be defined in the call.  

Article (43)

The meetings of the Council will be open and they can be secret on the basis of the request of one of the heads of departments, the chairman or at least one third of its members. The request is discussed in a secret session.

Article (44)

 When the Council is held in a secret meeting its rooms and verandas will be discharged of the people permitted to enter into it. Nobody other than the members will be allowed to attend the meeting except those who are so permitted by the chairman out of its employees or experts.

The issuance of the report in the secrete meeting will be taken over by the one selected for it by the chairman. The report will be kept under the custody of the chairman. It will not allowed to review it except for the members or those who are declared to attend.

 The meeting will become open by a decision of the Council when the reason to be held secretly is removed.

 

Chapter Two

The System of Work in the Council

 

Article (45)

Half an hour before the opening of the meeting books of attendance are put under the disposal of the members to sign on when they attend.

Article (46)

The chairman will announce the opening of the meetings if the majority of the members attend. If the time has come and the legal number has not been completed, the chairman will postpone the opening of the meeting for one hour. In case the number is not completed the chairman will announce the postponement of the meeting due to incomplete quorum.

Article (47)

 When the meeting is opened the general secretary or his representative will read the names of the excused and absent members. Then the opinion of the Council is taken to approve the report of the previous meeting and the chairman will advise the assembly of the received papers and letters before discussing the subjects enlisted in the agenda.

Article (48)

 The discussions of the Council are not considered true unless the majority of members are present. Decisions will be issued on the basis of the absolute majority of the present members in the conditions other than the ones which stipulate special majority. In case the votes are equal, the casting votes will be the ones including the vote of the chairman.

Article (49)

 No one will be allowed to speak unless he asks the permission of the chairman and he is permitted by him to speak. The chairman shall not be entitled to prevent anyone to speak unless he has legal grounds and when there is dispute the council will decide the matter.

Article (50)

 It is not allowed to interrupt the speaker and it is not allowed to speak about personal issues of any person. The chairman is entitled to prevent the member of talking at great length and the subject is offered to the council for its decision.

Article (51)

It will be always allowed to speak in the following conditions:

 To pay the attention for observing the provisions of the constitution of the Council.

A-          To rebut a saying which affect the personality of the one who requests speaking.

B-          To ask the postponement or the delay of discussing the subject put forward for discussion until another subject, which should be decided first, is decided.

 To ask for closing the discussion

These requests in their order will have priority to the main subject and they requisite suspending its discussion until the decision of the Council is issued about them.

Article (52)

 On the basis of a suggestion by the chairman, the Executive Council, the competent committee or a written request by at least five members the Council shall have the right to define a time to finish the discussion of the subjects and take the decision about them or close the discussion.

Article (53)

 The speaker should talk while he is standing in his place or on the forum and the reporters will speak on the forum unless it is otherwise requested by the chairman.

Article (54)

The chairman is the only one who has the right to pay the attention of the speaker to observe the provisions of the constitution and to keep on the order and subject of the speech.
If the chairman pays the attention of the speaker two times in one meeting and he goes back to what is required to draw his attention in the same meeting, the chairman shall have the right to offer preventing him of speaking on the same subject to the assembly and the decision of the Council will be delivered without any discussion.

Article (55)

A speaker is not allowed to use improper words which may cause harm to the dignity of individuals, departments or injuries to the top common good or to infringe the rules. If a member commits one of the aforesaid, the chairman will draw his attention and when there is any dispute the Council will decide the matter without any discussion.

Article (56)

 The Council shall be entitled to impose one of the following penalties on or against the member who violates the order or does not obey the decision of the Council when it prevents him of speaking:

A-      To warn him.

B-      To blame him.

C-      To prevent him of speaking till the end of the meeting.

D-      To force him to leave the room of the meeting and deprive him of participating in the remaining agenda of the meeting.

E-      To deprive him of participating in the works of the Council and its committees for two successive meetings.

A decision will be issued by the Council about this subject in the same meeting. The Council shall be entitled to suspend the decision issued against the member if he submits a written apology for his behavior in the next meeting.

Article (57)

 In case the order in the meeting is infringed and the chairman can bring order back he will announce his intention to suspend the meeting and if the order is not brought back he shall be entitled to suspend the meeting for half an hour maximum.
 If disorder continues after the meeting is recovered the chairman shall be entitled to postpone the meeting.

Article (58)

 The chairman shall have the right to suspend the meeting temporarily for having break for half an hour maximum.

 

Chapter Three
The minutes (reports) of the meetings

 

Article (59)

For each meeting a minutes (report) of meeting, where all procedures of the meeting, the subjects presented, the discussions made, the decisions issued, and the names of the members in every election by calling by name with the opinion of each one of them, will be written down.

Article (60)

Each one of the members, who attend the meeting, shall be entitled to ask for making the correction deemed to be necessary by him when the minutes is approved. When the decision of the Council to accept the correction is delivered, it will be fixed in the minutes of the concerned meeting and accordingly the previous minutes will be corrected. However, it will not be allowed to ask for making any correction in the minutes after it is approved.
Approval of the minutes of the last meeting of the session or the legislative term will be made by the chairman.

Article (61)

The chairman and the general secretary will sign the minutes of the meeting after it is approved and it will be registered in the records of the Council.

Article (62)

After each meeting a summary of the minutes is prepared and it will describe in general the subject presented to the Council, the discussions made and the decisions taken to be available for the local authorities of publishing.

Article (63)

 The chairman shall have the right to order the omitting of any words issued by any member contrary to the provisions of this constitution of the minutes of the meeting. In case of objection, the subject will be presented to the Council which will issue its decision about it without any discussion.

 

Section Three – The competences of the Council

 

Article (64)

The chairman will present to the Council the drafts of laws submitted by the Executive Council of the Emirate of Abu Dhabi to discuss referring them to the concerned committees unless the Executive Council of the Emirate of Abu Dhabi asks that the draft should be urgently discussed (studied) or it is seen by the Chairman that it is urgent and showing the reason for urgency, then it will be referred directly to the concerned committee and the Council will notified thereof in the first following meeting and the draft will be distributed to the members with the agenda.

Article (65)

 If there are numerous drafts of laws about one subject the earlier one will be considered the original one and the rest will be considered as its amendments. If the competent committee make amendments on the draft of law it can refer it to the committee of the legislative and legal committee to indicate its opinion about the form of the draft and coordinating its articles and conditions before submitting its report to the Council. The committee will refer to the opinion of the legislative and legal committee.

Article (66)

The discussion of the drafts of laws will start by reading the original draft and its explanatory memorandum and the report of the competent committees with its included amendments, then the speech is given to the reporter of the committee to discuss the draft in general, then to the executive council and finally to the members. If the Council approves the draft in principle, it will move to discussing its articles one by one after reading each one of them and the suggestions provided for them. The opinion will be taken for each article and then for the draft as a whole.

Article (67)

 When the draft of law is studied each member shall have the right to suggest the amendment, omission or division of articles or the presented amendments. The amendment should be submitted in writing at least twenty four hours before the meeting in which the articles, subject to amendment, will be studied. Subject to the approval of the Council, the amendment presented in the meeting can be studied. The decision of the Council will be issued about it after hearing the clarifications of the suggestion provider without any discussion. The Council can also refer any amendment made on the draft of the law to the legislative and legal committee to indicate its opinion about the formation and coordination of its conditions. Thereafter the discussion of the draft will be restricted to the formation.

Article (68)

 In all conditions the competent committee will be notified of the amendments submitted by the members before the meeting fixed to study the draft before the Council and the reporter of the committee will clarify the opinion of the committee about them while it is discussed in the meeting.

Article (69)

The suggestion for amendment should be defined and formed. The executive council and the reporter of the competent committee may ask to refer the suggested amendment to the committee. Such request should responded if the suggested amendment has not been presented to the committee before.

Article (70)

When the discussion and the presented amendments are finished, the opinion about the amendments will be first taken and the chairman will start with the widest extent and the farthest from the original text. Then the opinion is taken for the whole subject.

Article (71)

 If the Council decides a provision for one of the articles which might lead to making amendment for an article that has been previously approved by the Council it may re-discuss that article.

 Based upon the request of the executive, the committee or one of the members, the chairman can repeat the discussion of an article that has been previously decided if new reasons for same are shown before completing the discussion of the draft.

Article (72)

If the suggested amendment has an effect upon the other articles of the draft of law its discussion will be postponed till the committee finishes its work about it otherwise the Council will be entitled to continue the discussion of the other articles.
The suggested amendments will be considered as if they were not available and they will not be presented for discussion if their providers give them up and no member adopts them.

Article (73)

Taking the opinions about the draft law will be made openly by raising the hand. If the majority is not shown in this way, the opinions will be taken by calling the members by name.
Taking the opinion by calling the names should be made in the following conditions:

A-      Drafts of laws.

B-      The conditions which stipulate particular majority.

C-     If it is requested by the executive council, the chairman or at least ten members.

In exceptional cases and subject to the approval of the Council the casting can be made secret according to the request of the ones who are mentioned in item C of this article.
In all conditions the chairman can cast his vote after the casting is made by all members.

Article (74)

 The drafts of laws will be cast by the council for their acceptance, refusal or amendment. Their refusal or amendment can only be made by the majority of the members of the Council. Its recommendations will be submitted to the Executive Council of the Emirate of Abu Dhabi as a preliminary step toward submitting them to the Ruler to be attested and order their issuance.

Article (75)

The chairman will notify the Council of the international treaties and agreements with the attached government statement. This statement will be read in the first following meeting and the treaties and their enclosures will be kept with the secretariat of the Council.
The Council shall have the right to show their comments about the treaties without taking any decision about the treaty itself.

Article (76)

 According to a request signed by five members a general subject can be introduced to the Council for discussion in order to know the policy of the Executive Council about it and to exchange opinion. All members shall have the right to participate in discussion and the Council shall be entitled to deliver its recommendations about it and they are submitted to the Executive Council.

Article (77)

Directly after submitting the request of discussion the chairman will notify the chairman of the Executive Council of the Emirate of Abu Dhabi thereof. If the Executive Council advises the National Consultative Council that the discussion of such subject conflicts with the top good of the Country, then the chairman decides not to include it in the agenda of the Council, but if the Executive Council does not object the discussion of the subject to be included in the agenda, the Council can decide referring it to one of the committees to be studied and give a report about it before it is decided. The recommendations in this concern will be submitted to the Executive Council within one month.

Article (78)

If the applicants surrender their request or they do not attend the meeting defined to discuss it, it can be adopted by five members of the Council. Then the Council will follow up its discussion otherwise it will be omitted of the agenda.

Article (79)

 Every member can ask the chairman of the executive council and heads of departments questions to enquire about issues of their competence including the enquiry about something unknown by the member or to make sure of occurrence of something he heard about. The question can be asked only by one member and it will be asked to the chairman of the executive council or one head of department.

Article (80)

The question should be signed by its introducer, clearly written, and summed up as it could be. It should also be restricted to the issues intended to be enquired for without any comment and it should not include improper words which may harm some individuals or authorities and cause injuries to the top good of the Country.
If the question does have said conditions, the chairman shall be entitled to omit it, but if the member is not convinced with the point of view of the chairman then it will be presented to the Council to take decision without arguing.

Article (81)

 The chairman shall notify the chairman of the executive council or the head of the concerned department of the question submitted according to the previous article and it will be included in the agenda of the first following meeting after the date of notifying it to the chairman of the executive council or the head of the department.

Article (82)

 The chairman of the executive council or the head of the competent department will reply the question in the meeting defined to be considered and the chairman of the executive council or the head of the concerned department can request the postponement of the reply for two weeks maximum and his request is met but the postponement for more time cannot be made unless a decision is issued by the Council.
 The chairman of the executive council or the head of the concerned department can keep the reply or the requested information with the general secretariat of the Council to notify the members thereof and confirm it in the minutes of the meeting.

Article (83)

 Among the members only the questioner shall have the right to comment on the reply and his comment will be made for one time in brief.

Article (84)

 The executive council by itself or by the way of a question asked to it can ask the discussion of a certain subject related to the country affairs in order to get the recommendation of the council or to provide its information about it.

Article (85)

If the questioner recovers his question, then any member can adopt it in which case the council will follow up its consideration otherwise its discussion will be neglected.

Article (86)

Replying the questions addressed to the chairman of the executive council or the heads of departments will be made in writing between the sessions of assembly to the chairman, then he will notify them to the questioning members. Replying these questions shall not be restricted to the periods fixed in previous articles. They are included in the first meeting following the assembly.

Article (87)

The question will be cancelled if the membership of the questioner expires for any reason whatsoever unless the question is adopted by one of the members of the council, then the council will follow up its discussion.

Article (88)

 The Council will decide its annual budget within the limits of the credit assigned for it and it will be issued as an attachment to the law of the general budget of the Emirate and its budget will be included as one number in the budget of the Emirate.
 The credit will be deposited with the party chosen by the Council. No payment will be made out of it unless it permitted by the Chairman, his deputy in case he is absent or the general secretary in accordance with the applied financial rules.
The Council will also decide the final account and issue an attachment to the final account law in the Emirate.
* The Article was revised by Emiri decree  No.21 of 2003 to replace Articles (88), (89) and (90) issued by Emiri decree  No. 39 of 1972

Article (89)

All petitions and complaints submitted to the Council should be signed by their providers and they should be free of any improper words otherwise the chairman shall have the right to order to put them away.

Article (90)

The chairman will refer the petitions and complaints, which are submitted to the Council, to the concerned committee and will notify the Council thereof in the first meeting following the assembly. The Council and the committee shall have the right to ask the competent authorities to give the clarifications related to the petitions and complaints referred to them. Those authorities should submit the required clarifications within two weeks maximum unless the Council decides what they see.

Article (91)

Urgent subjects are discussed before others in the Council and its committees and the conditions of the times decided in this constitution will not apply for them. The Council shall be entitled to decide the discussion of urgent subjects in the same meeting provided the concerned committee submits its report to the Council in the meeting. The subject is considered urgent if the executive council of the Emirate of Abu Dhabi, the concerned committee, the chairman or five members request it in a signed letter. It is not allowed to study the budget or the financial laws urgently.

Article (92)

This decree will be applied as from date of issue and it will be published in the gazette.

 

Khalifa Bin Zayed Al Nahyan

Vice-Ruler of Abu Dhabi

Issued by me in the President’s Court in Abu Dhabi
On 02.08.1392 H corresponding to
10.09.1972G