INSTRUCTION N° 000001/Y18/MINDAF/D200/of 2 december 2005 on the setting up of land registry offices.
Decree N°2005/178 of 25 may 2005 to organise the ministry of state property and land tenure (MINDAF) sets up a land registry office in each division.
In accordance with the said decree, I recently appointed land registry officers by order N°0105/MINDAF of 30 se^tember 2005.
To ensure continuity and efficiency of service, this instruction defines the conditions for setting up these important structures, and the procedure for transferring land registers and records to the new land registry offices.
I - HOUSING OF LAND REGISTRY OFFICES
This should be done, without delay, in well secured buildings to accessible to the public.
In this regard, I urge senior divisional Officers to collaborate with provincial and divisional delegates of state property and land tenure, in looking for adequate premises to house these structures, pending the provision of permanent facilities.
land registry offices bases at the provincial headquarters shall, as much as possible, be maintained in the premises of former provincial registry offices.
Pending the signing of a special instrument to organise land registry, the latter shall function, temporarily, on the basis of the former provincial and divisional delegates shall agree to designate, through service notes, acting heads to each bureau, which shall be referred to, temporarily, as "section".
II - TRANSFER OF REGISTERS AND RECORDS TO THE NEW LAND REGISTRY OFFICES
The said transfer must be done under conditions that guarantee both the celerity and security of the operation. The following procedures and precautions must be observed :
1) Inventory of registers and records
The inventory must be sytematic and exhaustive, both for the collection of registers and files from their former premises and their installation in the new offices.
A report shall be drawn up at the end of the inventory.
The provincial and divisional delegates of states of property and land tenure shall supervise this operation, the one countersigning the collection report, and the other the installation report.
The collection report shall be signed by the former provincial registrar or, in case of absence for a week, by the provincial service head of land tenure and the concerned and registrar.
The installation report shall be signed by the provincial service head of land tenure and the land registrar.
As regards the tranfer old registers to the offices where the land certifictes of many divisions would be established, the said certificates shall be recorded, according to division in the new land registers, listed and signed by the president of the court of first instance of the competent land registry.
The competent registrar shall sign the analytical sheet for each land certificate recorded.
2) Tranfer conditions
Land registers and record shall be transported, under the escort of the forces of law and order, to the new land registry offices.
The provincial and divisional delegates of state property and land tenure concerned shall provide the necessary logistics, such as vehiles for the transportation of registers and record.
Before taking any action as an acting or confirmed registrar, provinaicl service heads of land tenure and registrars must take an oath, as provided for by article 97 (2) of decree n°200/178 of 27 may 2004 to organise the ministry of state property and land tenure, which stipulates : "the service head of land tenure shall, on taking office, take an oath before the appeal court of this jurisdiction ; he may, in this capacity, be designated bu the competent authority to act on behalf of any divisional land registrar, in case of annual leave or temparary absence". On the other hand, article 5 of the order of 24 march 1934 on the implementation of the decree of 21 july 1932 to institute the acting land registrar shall be bound, on taking office, to take an oath before the president of the court of first instance or the justice of the peace of this jurisdiction, to carry out his duties with accuracy and probity, or show evidence of a previous oath taking".
The designation of provincial service heads of land tenure as acting divisional land registrars shall be determined by a service note of the minister of state property and land tenure, after the vacancy is established by service note of the provincial delegate concerned.
installation and transfer operations shall be carried out at the shortes possible notice, in order for the newly appointed officials to quickly assume their duties.
I attach much importance to the strict and diligent implementation of the provisions of this instruction.