ORDER N° 79 – PM OF 10 JULY 1981 TO LAY DOWN CONDITIONS FOR ALLOCATING PLOTS OF SPECIAL LAYOUTS.
THE PRIME MINISTER,
Mindfull of the constitution of 2 june 1972 as amended by laws Nos 75 – 1 of 9 May 1975 and 79 – 2 of 29 june 1979 ;
Mindfull of Decree N° 79 – 473 of 15 november 1979 to reorganize the Government ;
Mindfull of decree N° 75 – 462 of 27 june 1975 to delegate powers to the prime Minister ;
Mindfull Decree N° 80 – 280 of 22 july 1980 to appoint the prime Minister ;
Mindfull of Decree N° 77 – 193 of 23 june 1977 to establish the urban and rural lands development and equipment authority ;
Mindfull of decree N° 76 – 167 of 27 April 1976 to establish the terms and conditions of management of the private property of the state ;
Mindfull of decree n° 79 – 194 of 19 May 1979 to lay down rules governing the creation of special layouts by the urban and rural lands development and equipment authority.
HEREBY ORDERS AS FOLLOWS
1. Parcels of lands provided with the necessary infrastructures within the framework of decree N° 81 – 185 of 4 May 1981 shall be allocabed in accordance with the provisions of the this order.
2. The following who fulfil the undermentioned conditions may purchase a plot equipped within layout for low cost housing persons who :
do not possess real property in the town where the layout is situated on the date of acquisition of the plot ;
undertake to develop the land within a maximum period of three years and in compliance with the special conditions of the layout ;
undertake to occupy personnally the housing unit thus constructed for a minimum period of live years ;
have a monthy income either below or equal to the maximum amounts fixed by the regulations in force and carying the right to social loan from the housing loan fund.
3. (1) Applications for the granting of plots of land shall comprise the following documents :
a stamped application ;
a certified true copy of the national identity card ;
documentary evidence of the applican’ts income ;
the commitment to occupy personally the housing unit for a minimum period of five years ;
a certified statement on the honour of the applicant under pain of forfeiture that he does not possess any real property within the locality where the layout is situated ;
a receipt showing payment to the urban rural lands development and equipment authority (MAETUR) of an advance to be recovered from the selling price of the plots.
(2) The amount of this advance shall be equal to 5 % (five percent) of the selling price of the plot.
4. Applications shall be forwarded to the urban and rural lands development and equipment Authority (MAETUR) which shall study them and submit them to plots Allocation Committee whose membership and rules of operation shall be determined by Articles 5. 6 and below.
5. resided over by a representative of the Minister in charge of housing the plots Allocation committee shall be composed of permanent and non-permanent members.
The following shall be permanent members :
a representative of the Presidency of the republic ;
a representative of the Prime Minister ;
a representative of the Minister of Territorial Administration ;
a representative of the Minister of social Affairs ;
the director of town planning and housing ;
the general manager of the cameroon housing load fund or his representative ;
the manager of the urban and rural lands development and equipment authority (MAETUR) or his representative : secretary.
The following shall be non permanent members :
the senior divisional office of the division concerned or this representative ;
the government delegate to the town council in which the layout has been created or the mayor of the town council or their representative ;
a member of parliament residing within the locality.
6. (1) Applications submitted in accordance xiht the provision of Aticles 2 and 3 above shall be selected through the chawing of lots by the committee in such a way as to ensure that the number of names drawn are equal to one and a hall times the number of plots available.
(2) The additional names shall be entered on a waiting list which shall be taken into consideration in the event of a shortcoming on the part of some of those to whom the have been allocated.
7. The Committee which shall examine all claims cubmitted to it shall meet when convened by its chairman. Its decisions shall be valid if at least six permanent members and one non-permanent member are present or represented. In the event of a dispute, decesions shall be taken by a simple majority vote ; the chairman shall have the casting vote.
8. The running expenses of the plots Allocation Committee shall be borne by the urban and rural lands development and equipment authority (MAETUR).
9. The Minister in charge of town planning and housing shall on the recommendation of the committee referred to in Article 5 above, draw up the lists of persons to whom plots have been allocated and those on the waiting list.
10. Notwothstanding the provisions of article 2 hereinabove, plots may be allocated to the following without resorting to the drawing of lot, provided the plots :
previous occupants of premises expropriated within the framework of the operation ;
applicants wishing to practice certain professions considered a priority by the allocation committee of the layout in question (craftsmen, doctors in medecine, pharmacists, etc.)
11. (1) Payment for the plots must be made by each person to whom a plot is allocated within four months from the date on which he was notified of the possibility of acquiring a plot.
(2) where payment is not effected as stipulated above, the person to whom the plot is allocated shall authomatically forfeit his right to the plot which shall be allocated to the next candidate on the waiting list. The 5 % advance shall therefore be returned to him.
12. (1) As soon as the person to whom the plot is allocated has effected payment, MAETUR shall, prepare a certificate of temporay allocation giving entitlement to the issue of land certificate with a conditional clause relating to development.
(2) The conditional clause shall cease to apply once a statement has been prepared certifying that development has been caried out.
13. The minister of town planning and housing shall be responsible for the implementation of the present order which shall be registered and published in the official Gazette of the united republic of Cameroon in french and english.
yaounde, 10 july 1981