CIRCULAR LETTER N°0001807/MINDAF/A010 of december 2005
Subject : clarifications on the duties of the divisional services of land tenure and the divisional services of state property.
all divisional delegates of state property and land tenure
chairman of consultative boards
divisional service heads of land tenure
divisional service heads of state property.
My attention has just been drawn to the power disputes existing between the divisional service head of land tenure and the divisional service head of state property.
To put an end to these useless squabbles, which are likely to jeopardize the smooth running of services provided to our clients
I urge you to abide, srcupulously, by the following instructions, pending the signing of instruments to adapt the procedures in force on national land management to the new institutional context, in accordance with decree N°200/178 of 27 may 2005 to organise the ministry of state property and land tenure.
The divisional service of land tenure is a decentralised structure of the depatment of land tenure of the ministry of state property and the land tenure (MINDAF), at the divisional level. To this end, it is responsible for the implementation of the land tenure law in the division only as concerns first category state property.
In this capacity, it is responsible for :
receiving land certificate application files sent by the competent administrative authority and concerning any parcel of state land occupied or exploited prior to 5 august 1974 ;
preparing draft public notices for the signature of the competent adminstrative authority ;
ensuring the statutory posing of public notices ;
preparing draft orders to convene the consultative board for examination of applications for lands certificates or cases of land disputes concerning first category state land ;
preparing convening notices for the field visits of the board ;
taking part in board sessions as a secretary ;
preparing the minutes of board sessions and getting them signed by the statutory members ;
preparing the statutory final file resulting from board proceedings, destined for endorsement or settlement of the land dispute examined ;
ensurring general compliance with the land legislation in force as concerns first category state land.
The divisional service of state property, on its part, is a decentralized structure of MINDAF’s department of state land, at the divisional level.
To this end, it is responsible for the implementation of the law on state lands in relation to the management of private state lands, that of other public entities and public service agents ; expropriation for a public purpose as well as for incoporation and concerns second category state lands.
The divisional service of state property is, therefore, competent to deal with all issues relating to the abovementioned matters.
As concerns second category state land, specially, the competence of the divisional service of state prpoerty extends, to all statutory activites linked to the maangement of concession regulations in thier provisional and final phases.
The divisional service of state property, thus, carries out secreatarial duties for second categaory state land management consultative boards, when they meet on related issues.
The divisional delegate of land tenure and state property sees to the smooth functioning of these structures, and will ensure their physical installation and the judicious sharing of credits, equipment, furniture and personnel inherited from the divisional service of lands of the former MINUH.
I attach much importance to strict compliance with these regulations.
copies to :
Senior Divisional Officers
Provincail Delegates of MINDAF