Instruction N° 0004/Y25/MINDAF/D220 of 29 December 2005 on the alienation of state property
My attention has been drawn to the fact that sale by mutual agreement has become the principle and sale by tenders the exception, in the procedure for alienating state property. While reminding you of article 16 of ordinance N°74/2 of 6 July 1974, which stipulates that “that sale of movable immovable state property and of other public bodies and establishments shall be done by public auction sale.
However, this procedure could be waived each time it is likely to endanger the concern for social justice prescribed by the government”. I herby urge each official intervening, in whatever capacity, in the procedure for alienating state property, to strictly abide by the provisions of the above-mentioned instrument.
Thus, all application files for acquisition of state-owned land, through sale by mutual agreement, submitted for my approval, must, henceforth, be accompanied by a note from the competent authority, justifying the choice of such a procedure, rather than the sale by tender procedure.
Meanwhile, the statutory tender’s board, provided for in article 6 of decree N° 76/1767 of 27 April 1976 to lay down the procedure for managing state property, must be consulted for all cases of applications for acquisition of state-owned land, submitted for your examination. The report of its recommendation must accompany such applications for sale by mutual agreement.
I attach much importance to this instruction, whose strict implementation, I will, personally, ensure.