Instruction N°000006/Y.18 MINDAF/D300/of 29 December 2005 to guide the functioning of the land consultative board
To give a new impetus to the advisory committees and streamline its operation, it seemed necessary to prescribe these instructions to govern the formalities prior, concomitant and subsequent meetings of advisory committees.
I.formalities prior to the descent
Any field visit of the Advisory Committee must be preceded by adequate publicity. The public notice on the applicant intends to register its rights on a parcel, and the decision of the Sub-prefect or District Manager to convene the advisory commission and specifying the date of the descent, are provided by means all relevant information, including by posting to the Sub-Prefecture, the town hall, the service department of Land Affairs and the village location of the building.
All stakeholders in the work of the Committee should be formally convened.
The Chairman of the Advisory Committee also ensures the right information by local residents the village chief and the applicant.
II . formalities attendant to the descent
The President and members of the Committee shall ensure that :
The work of the commission held 30 days after the actual posting of the notice to the public ;
All the statutory members of the Advisory Committee are present ;
The committee is chaired by the competent authority ;
The involvement of traditional authorities (village chief and at least one notable) is effective.
The descent on the ground must be effective and not simulated.
In this context, the role of the Committee is to :
Investigate the date of occupancy or operation to determine whether it is the registration procedure or the concession that must be implemented, see the highlighted and determine their author (s) ( s) and the peaceful character of the occupation ;
Ensure effective boundary of the parcel in the presence of all the commission and residents by a sworn surveyor of the cadastre ;
Ensure respect for freedom of expression in order to facilitate the collection of all relevant information on the highlighted their authors, the date and extent of the occupation ;
Examination of oppositions or requests for registration of rights in rem trained forthwith or before the date of acknowledgment of occupation ;
Make an objective opinion on the objections or requests for registration of rights in rem before it ;
Remind the applicant of its obligation to pay all required fees within a period not exceeding three months from the date down on the ground. The impartiality of the members is de rigueur for the work of the commission. In the same vein, the services rendered by them are free, subject to payment by the applicant of the fees prescribed by the regulations.
II . formalities after the descent
The President and members of the Committee must ensure that :
The minutes of the Committee are established and are consistent with the content and outcome of such work ;
The minutes are signed by all members of the committee ;
The surveyor member of the commission to produce a cadastral record accurately reflects the work of the commission and containing the IDs and signatures of residents present at the meeting ;
Notification is made to the applicant to complete the payment of all fees required by the regulations, within a maximum period of three months, under penalty of cancellation of the procedure ;
The complete record of the work of the Committee is sent to the competent authority no later than thirty days after the raid on the ground. I attach great importance to the strict application of these instructions to follow which prefects and provincial delegates and county of Lands and Land Affairs will hold your hand.
I attach imortance to the strict respect of thes instructions whose implementation shall be carried out under the supervision of the senior divisional offices, and the provincial and divisional delegates of the ministry of state property and land tenure.
copies to :
senior divisional officers ;
provincial service heads/MINDAF
louis-Marie ABOGO NKONO
Minister of state property and land tenure