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Accueil > > cameroon ; the terms and conditions (...)

cameroon ; the terms and conditions of (...)

mercredi 3 avril 2013

DECREE No. 76/167 OF 27 April 1976 Laying down the procedures for managing private domain of the State.

THE PRESIDENT OF THE REPUBLIC

Given the Constitution of 2 June 1972, as amended and supplemented by Law No. 75/1 of 09 May 1975 ;

Given the Organisation No. 74/2 of 06 July 1974 laying down the plan lands, in particular Article 12 ;

DECREES :

ARTICLE 1 : The property of private property of the State as defined in Articles 10 and 11 of Ordinance No. 74/2 of 06 July 1974 can be assigned, transferred or assigned in accordance with the rules laid down by this decree .

TITLE I : PATTERNS OF PRIVATE MANAGEMENT OF THE STATE

CHAPTER 1 : ASSIGNMENT

ARTICLE 2 : The assignment is an act by which the state provides a public service, a dependency of the private sector. It is by decree at the end of the procedure laid down in Articles 3 and 4 of this Decree.

ARTICLE 3 : All public service wishing to benefit from the allocation of public land, upon request to the Prefect of the department where the land sought. The application must include all information necessary for evaluating the program to achieve.

Upon receipt of the request, the Prefect shall convene a committee, in addition to the qualified representative of the Ministry concerned, the responsible departmental services Domains, Cadastre, Urban Planning, Roads and Health. The commission chose the appropriate field.

The Head of Registry establishes a plan, countersigned by the members of the commission, and indicating the ins and outs, as well as its geographical location. Any comments made by members of the commission are subject to a separate record. The record thus made shall be forwarded to the Minister of Lands.

ARTICLE 4 : Upon notification of the decree of assignment, the service person takes possession of the land if it is unoccupied. In case of eviction of occupants, the related costs are dependent. In case of non-use of land within three years following the assignment, its decommissioning may be imposed by decree, the report of the Minister of Lands.

CHAPTER II : THE AWARD PROPERTY ARTICLE 5 : Unallocated State land or abandoned may be alienated by way of sale, transfer or exchange.

SECTION I : THE SALE SECTION 1 : THE SALE BY TENDER ARTICLE 6 : - The public tender is made by a committee chaired by the Prefect of the location of the building and consists of :

 From departmental head Domains ensuring Secretariat ; Receveur des domaines ;

 And the head of the Registry. A public notice is to know the day of the auction, the situation, consistency, size, the starting price of the property, as well as the conditions thereof, including the settlement of disbursements and nature investment required. This notice is published on the radio, the press and posted on the Department of Lands and the Head of the department concerned. The sale may not take place after a period of 30 days from the day of the current display.

The specifications and the plan of the building are submitted for possible consultation in the areas of office. Can not compete as individuals who have made a declaration of participation in the auction, during the 30 days provided for in the preceding paragraph. This statement must include :

 All information on marital status, matrimonial, occupation, residence and nationality of the participant ;

 Acceptance of conditions of sale ;

 A copy of the articles or certificate Registrar stating its legal existence, it is a society expressly  A proxy with power to acquire, if the participant is an agent ;  A receipt of payment to receive the body of the areas of a bond equal to half making peace.

The award is granted to the highest and last bidder. It is made without warranty.

ARTICLE 7 : - The minutes of the auction is established forthwith, in 5 copies for each property sold. It is signed by all the members of the commission. It should include specific clauses contained in the tender notice. The award is final only after approval by decree of the Minister of Lands. The record is approved deed. Subject to payment of the price, it entitles the fragmentation or transfer the costs of the auction, land title in the name of the state.

The land title issued under the conditions defined in the preceding paragraph carries a clause similar to the lock field and its upkeep before the value specified in the order approval. Divestments without prior authorization and in breach of this clause shall be null and void as against third parties and the administration. In case of death of the purchaser prior to the development, the rights holders are subject to the requirements of development. If they fail, the Minister declare the rescission of the sale resulting lapse of title issued and the reimbursement of the amounts paid for land acquisition. Notice of the resolution is inserted in the Official Journal.

SECTION II : THE SALE OF A GRE GRE

ARTICLE 8 : - Anyone wishing to benefit from the sale of OTC of a building lands, must make a written request to the Minister of Lands under the guise of competent Prefect, and produce to support an application containing the following documents :

 A certified copy of the identity card ;

 A statement of land acquired for any purpose whatsoever state or individuals ;  A proxy when the applicant is an agent ;  A copy of the statutes or instrument of incorporation or a certificate of the clerk that its legal if it is a corporation.

ARTICLE 9 : If the application is rejected, the applicant can not be installed on the ground requested. In case of illegal occupation, the Prefect is authorized to destroy the expense of the person, after notice unheeded for two months construction or any production performed on the domain of the State. It may if necessary, request the police.

ARTICLE 10 : When the application is approved, the deed of sale of OTC is established between the State and the beneficiary. Gives its approval, subject to full payment, the same effects as those mentioned in the above article.

SECTION II : TRANSFERS SECTION I : THE ASSIGNMENT TO LEGAL PERSONS GOVERNED BY PUBLIC LAW

ARTICLE 11 : To enable them to build their domain, the state may transfer gratuitously or for consideration, dependencies his private legal persons to public law. The transfer request is sent to the Prefect of the department in which the property is located. It must specify the purpose assigned to the plot and collect requested in advance if this is an urban terrain, the opinion of the competent department of Urbanism. The transfer is by decree. This decree states the nature of the assignment and the various obligations of the assignee. If the transferee can not change the destination of the land without the permission of the State.

SECTION II : THE AWARD IN EQUITY COMPANIES

ARTICLE 12 : - The state may participate in the formation or increase of capital by companies provision of land taken from his private domain. The attribution contribution is by decree. It is the same with the reincorporation to the private sphere of the state of the building assigned contribution to a company as a result of dissolution, bankruptcy or liquidation of the company. The land given contribution is evaluated by a committee composed of :

 From the Director of Lands or his representative (President)

 The Director of the Cadastre or his representative ;

 On input Commissioner appointed by the General Meeting of the Company.

SECTION III : THE EXCHANGE

ARTICLE 13 : It may be made to the exchange of a building or undeveloped lands against property of the same kind belonging to individuals. Buildings objects of trade are previously evaluated by the contradictory Lands Administration and the individual. In case of difference in value is specified in a cash benefit or burden of the state.

ARTICLE 14 : Any person or entity coéchangiste must occur before the act of exchange, a certificate of non-mortgage registration, or if applicable, a certificate of cancellation of mortgage. The act of exchange is approved by decree.

CHAPTER III : THE GIFTS AND LEGACIES

ARTICLE 15 : - In addition to the forms of appropriation estate regulated by specific texts (Expropriation and incorporation due to interest or abandonment), State or local government may acquire real rights estate available to them as donations or bequests by a natural or legal person Cameroonian or foreign. Donations or legacies with or without load, are accepted by decree.

CHAPTER IV : THE ALLOCATION TO USE NATURAL AND LEGAL PERSONS

SECTION : GENERAL PROVISIONS

ARTICLE 16 : - Dependencies private domain unassigned or closed, can be assigned to the enjoyment of natural or legal persons who request it.

ARTICLE 17 : - The granting of tenure in the private domain dependencies held by ordinary leases or leasehold.

ARTICLE 18 : - Anyone wishing to lease a dependency of private state, sends a file to the Minister in charge of lands under the guise of the Prefect of the department where the property is situated. This file must contain :

- A stamped application ;

- A certified copy of the identity card ;

- A copy of the Constitution when it comes to a company ;

- A power of attorney if the licensee is an agent ;

- Four copies of the plan of the land ;

- A schedule of work development and financial resources to implement ... / ...

ARTICLE 19 : - The authority to enter into the lease is granted by decree.

SECTION II : LEASING OF REGULAR ARTICLE 20 : The standard lease gives the lessee the right to use for a period not exceeding eighteen. It is made with the obligation of development and main conditions :

1. - Rent paid in advance and subject to revision

2. - Obligation of the lessee to bear all expenses related to the building including pay land taxes and other taxes ;

3. opportunity for state officials authorized for this purpose, to visit the building to control the execution of the obligations imposed on the licensee ;

4. ban assign its right to grant a lease or sublease without authorization

5. the expiration of the lease takeover by the state of the building, with the possible exercise of the right of first refusal on all state facilities, buildings and facilities it has.

ARTICLE 21 : - The lessee may waive the lease. He can do only after payment of rent due and notice of six months. In case of renunciation, the tenant must leave the property in the state where it is located. However, the State may require the surrender of the premises in the condition they were at the beginning of the lease. In case of failure of the contractor, the State may perform the work required at the expense of the latter. Recovery of these costs is pursued against him, as public debt.

ARTICLE 22 : - The lease may be terminated by the state without compensation by the lessee for breach of its obligations. Termination is by decree, three months after a notice by registered letter or by a bailiff had no effect. The lessee is obliged to release the property within three months of notification of the decree declaring the termination.

Any agreement made by the licensee in violation of the provisions of paragraph 4 of Article 20 above is null and void, and causes the immediate termination of the lease without compensation. Process is appropriate to the expulsion of the lessee and all occupants of his head.

SECTION III : THE LEASE EMPHYTEUTIC

ARTICLE 23 : - The long lease gives the lessee or leaseholder, a real right may include mortgage. It is granted for a period of between eighteen and ninety-nine years under condition subsequent development within a specified period, and the other main conditions :

1. - Rent paid in advance and subject to revision

2. obligation of the lessee :

a. maintain the premises in clean condition

b. bear all expenses related to the building including pay land taxes and other taxes

c. letting agents of the state authorized thereto, visit the property to check the performance of the obligations imposed

3. - At the end of the lease, any exercise of the right of first refusal on all state facilities, buildings and facilities it contains.

ARTICLE 24 : - The contractor or lessee may be entitled to assign its right to lease or sublet part of the building. Lease may be waived in accordance with Article 21 above.

Article 25 : - The long lease can be terminated by the state without compensation by the lessee for breach of its obligations. Termination is by decree, three months after a notice by registered letter or by a bailiff had no effect. However, if the property was encumbered because of the lessee, any costs of the lease may be terminated without the beneficiaries of said charges have been informed of the intentions of the Administration. These recipients were then, according to their rank, the ability to replace the defaulting contractor in the performance of its obligations.

Otherwise, the order of termination lapse on the date of its publication, the registered mortgages and, where appropriate, other rights granted by the lessee. It must release the property within three months from the day the cancellation is notified. After this period, there shall be expelled.

Article 26 : - The agreements signed by the licensee in breach of the lease, are null and void and entail immediate termination without compensation of the lease. It is the process where appropriate, the removal of the lessee or any occupant of his head.

CHAPTER V : AWARD OF THE USE OR PROPERTY IN THE INTERNATIONAL ORGANIZATIONS AND DIPLOMATIC OR CONSULAR.

ARTICLE 27 - The provisions of Article 12 of Ordinance No. 74/2, 6 July 1974, International Organisations which Cameroon is a member of the Diplomatic and Consular Missions can become owners or lessees of public land. The organization or diplomatic mission concerned, seized the Minister of Lands to which a request is attached a plot plan requested. This request is sent by the Minister of Foreign Affairs.

In the case of a diplomatic or consular mission, she said if the government of the country represented has already made similar rights to the Republic of Cameroon, or is willing to do so. The decision to grant the lease or the property is accurate by decree. ARTICLE 28 : - The acquisitions made in accordance with this decree does not involve the alienation of subsoil resources whose ownership belongs to the state.

PART II : OTHER PROVISIONS ARTICLE 29 : - The beneficiaries of leases on public land must comply with the provisions of this Decree, within a year of its publication, for the confirmation of their rights. After this period, if no confirmation is made, the lessee shall be deemed to have waived the lease, the Authority takes any legal consequences.

ARTICLE 30 : - Unless otherwise provided by special decree based on the importance of the investment program, it can not be awarded tenure or property to a person or entity even more State-owned two lots in the same urban center and over 50ha in rural areas.

ARTICLE 31 : - The acts of private management are made in the administrative form. They are coated with the prior approval of the Minister of Lands and exempt from stamp duty and registration.

Article 32 : - Any acquisition or disposal of property of the private domain of the State or other public law entities must first be submitted to the service areas, with a view to securing their market value.

ARTICLE 33 : - The total or partial by the State for public purposes, land has been sold or is the subject of an ordinary lease or leasehold, held in the manner provided by the Ordinance No. 74/3 of 6 July 1974 on the procedure for expropriation for public utility and subject to appropriate : compensation, reduction of rent or royalty in proportion to the size recovery.

ARTICLE 34 - This Decree repeals Decree No. 64/10/COR January 30, 1964, and any former provision contrary, be registered, published according to the procedure of urgency and the Official Gazette in English and French . / -

YAOUNDE, April 27, 1976

THE PRESIDENT OF THE REPUBLIC

El Hadj Ahmadou AHIJO