Six Book of Miscellaneous, Transitional and Final Provisions - Law 2019/024 of 24 Dec 2019 on the General Code of Decentralized Territorial Communities
ARTICLE 487 - As from 1st January 2023, the following provisions shall be made compulsory:
ARTICLE 488 - (1) Where the Mayor, the President of the Regional Council, the members of the Regional Bureau or the Regional Executive Council, the President of a Syndicat de Communes or any other Regional or Municipal Councillor is convicted of a felony, his/her disqualification is automatic.
(2) Where he has been convicted of an offence or where his conduct seriously jeopardises the interests of the Commune, the Urban Community, the Region or the Syndicate of Communes, on the basis of specific facts qualified as such by the Council or the Assembly and after having been heard or invited by the representative of the State to provide written explanations on the facts of which he is accused, he may be disqualified by order of the Minister responsible for Local Government.
(3) As a precautionary measure, and in an emergency, the representative of the State may notify the incriminated official or Councillor, by any means that leaves a written trace, of the immediate cessation of his/her duties. In this case, the order provided for in paragraph 2 above shall be published within a maximum period of one (01) month from the date of notification.
ARTICLE 489 - Disqualification automatically entails ineligibility for executive or deliberative office for a period of ten (10) years.
ARTICLE 490 - Without this list being exhaustive, the following may lead to the application of the provisions of article 489 of this Act:
a) acts provided for and punished by legislation instituting budgetary and financial disciplinary bodies;
b) the use of public funds of the Commune, the Urban Community, the Region or the Syndicate of Communes for personal or private purposes;
c) forgery of an authentic public document, as provided for in criminal law;
d) bribery or corruption;
e) speculation on the allocation or use of public land and other movable and immovable property of the Commune, the Urban Community, the Region or the Syndicate of Communes, building, subdivision or demolition permits, as the case may be.
ARTICLE 491 - In the absence of a specific text, any recruitment of an agent by the Commune, the Urban Community, the Region or the Syndicate of Communes is carried out in accordance with the recruitment, remuneration and career development procedures applicable to equivalent State jobs.
ARTICLE 492 - Communes, Urban Communities and Communes d'Arrondissement with a municipal police force have a period of one (01) year to comply with the provisions of this Act.
ARTICLE 493 - Standard specifications and standard regulations for local public services are enforced by regulation.
ARTICLE 494 - (1) Derogations from the standard specifications and regulations may only be made by order of the Minister concerned and in the case of proven special circumstances.
(2) The order referred to in paragraph 1 above is issued on the proposal of the Minister responsible for local authorities.
ARTICLE 495 - With a view to ensuring the harmonious development of all the Territorial Communities on the basis of national solidarity, regional potential and inter-regional balance, one or more bodies shall be created, as necessary, by decree of the President of the Republic.
ARTICLE 496 - For the establishment of Regions :
• decree of the Prime Minister defines the standard organisation chart of the regional administration, after consultation with the Presidents of the Regional Councils and the Presidents of the Regional Executive Councils;
• the Minister responsible for local and regional authorities shall, by decree, lay down standard Rules of Procedure for the operation of the Regional Council and the Regional Assembly, which shall be applicable until such time as each deliberative body adopts its own Rules of Procedure.
ARTICLE 497 - (1) Deconcentrated State services, initially placed under the authority of the Governor of the Region, and whose powers are fully transferred to the Regions, are transferred back to the President of the Regional Council or the President of the Regional Executive Council.
(2) The State's arrondissement services, whose powers are fully transferred to the Communes, are transferred back to the Mayor of the Commune d'Arrondissement, as the case may be.
(3) State personnel and movable and immovable property belonging to or initially belonging to the decentralised State services referred to in paragraphs 1 and 2 shall be placed at the disposal of the Region, the Commune or the Commune d'Arrondissement, as the case may be.
(4) The personnel referred to in paragraph 3 above shall continue to be governed by the statutes applicable to them on the entry into force of this law.
(5) A decree of the President of the Republic determines the terms of transfer, assignment or secondment provided for in this article, depending on whether the transfer of powers is full or partial.
ARTICLE 498 - Prior to the effective transfer of services and the establishment of the local civil service, the conditions for the use of each State service by the Local Authorities, as well as the personnel management procedures, shall be governed by the mechanisms currently in force.
ARTICLE 499 - Where Title V of Book Four is silent, the common provisions relating to the organisation and operation of the Regions contained in Titles I to III of the same book shall apply.
ARTICLE 500 - All previous provisions to the contrary, in particular :
ARTICLE 501 - The present law will be registered, published according to the urgent procedure, then inserted in the Official Journal in English and French. /-
- • - management of external financing ;
- • - job budgeting;
- • - cost analysis accounting;
- • - asset accounting ;
- • - revenue.
ARTICLE 488 - (1) Where the Mayor, the President of the Regional Council, the members of the Regional Bureau or the Regional Executive Council, the President of a Syndicat de Communes or any other Regional or Municipal Councillor is convicted of a felony, his/her disqualification is automatic.
(2) Where he has been convicted of an offence or where his conduct seriously jeopardises the interests of the Commune, the Urban Community, the Region or the Syndicate of Communes, on the basis of specific facts qualified as such by the Council or the Assembly and after having been heard or invited by the representative of the State to provide written explanations on the facts of which he is accused, he may be disqualified by order of the Minister responsible for Local Government.
(3) As a precautionary measure, and in an emergency, the representative of the State may notify the incriminated official or Councillor, by any means that leaves a written trace, of the immediate cessation of his/her duties. In this case, the order provided for in paragraph 2 above shall be published within a maximum period of one (01) month from the date of notification.
ARTICLE 489 - Disqualification automatically entails ineligibility for executive or deliberative office for a period of ten (10) years.
ARTICLE 490 - Without this list being exhaustive, the following may lead to the application of the provisions of article 489 of this Act:
a) acts provided for and punished by legislation instituting budgetary and financial disciplinary bodies;
b) the use of public funds of the Commune, the Urban Community, the Region or the Syndicate of Communes for personal or private purposes;
c) forgery of an authentic public document, as provided for in criminal law;
d) bribery or corruption;
e) speculation on the allocation or use of public land and other movable and immovable property of the Commune, the Urban Community, the Region or the Syndicate of Communes, building, subdivision or demolition permits, as the case may be.
ARTICLE 491 - In the absence of a specific text, any recruitment of an agent by the Commune, the Urban Community, the Region or the Syndicate of Communes is carried out in accordance with the recruitment, remuneration and career development procedures applicable to equivalent State jobs.
ARTICLE 492 - Communes, Urban Communities and Communes d'Arrondissement with a municipal police force have a period of one (01) year to comply with the provisions of this Act.
ARTICLE 493 - Standard specifications and standard regulations for local public services are enforced by regulation.
ARTICLE 494 - (1) Derogations from the standard specifications and regulations may only be made by order of the Minister concerned and in the case of proven special circumstances.
(2) The order referred to in paragraph 1 above is issued on the proposal of the Minister responsible for local authorities.
ARTICLE 495 - With a view to ensuring the harmonious development of all the Territorial Communities on the basis of national solidarity, regional potential and inter-regional balance, one or more bodies shall be created, as necessary, by decree of the President of the Republic.
ARTICLE 496 - For the establishment of Regions :
• decree of the Prime Minister defines the standard organisation chart of the regional administration, after consultation with the Presidents of the Regional Councils and the Presidents of the Regional Executive Councils;
• the Minister responsible for local and regional authorities shall, by decree, lay down standard Rules of Procedure for the operation of the Regional Council and the Regional Assembly, which shall be applicable until such time as each deliberative body adopts its own Rules of Procedure.
ARTICLE 497 - (1) Deconcentrated State services, initially placed under the authority of the Governor of the Region, and whose powers are fully transferred to the Regions, are transferred back to the President of the Regional Council or the President of the Regional Executive Council.
(2) The State's arrondissement services, whose powers are fully transferred to the Communes, are transferred back to the Mayor of the Commune d'Arrondissement, as the case may be.
(3) State personnel and movable and immovable property belonging to or initially belonging to the decentralised State services referred to in paragraphs 1 and 2 shall be placed at the disposal of the Region, the Commune or the Commune d'Arrondissement, as the case may be.
(4) The personnel referred to in paragraph 3 above shall continue to be governed by the statutes applicable to them on the entry into force of this law.
(5) A decree of the President of the Republic determines the terms of transfer, assignment or secondment provided for in this article, depending on whether the transfer of powers is full or partial.
ARTICLE 498 - Prior to the effective transfer of services and the establishment of the local civil service, the conditions for the use of each State service by the Local Authorities, as well as the personnel management procedures, shall be governed by the mechanisms currently in force.
ARTICLE 499 - Where Title V of Book Four is silent, the common provisions relating to the organisation and operation of the Regions contained in Titles I to III of the same book shall apply.
ARTICLE 500 - All previous provisions to the contrary, in particular :
- • Law no. 2004/017 of 22 July 2004 on decentralisation;
- • Act no. 2004/018 of 22 July 2004 laying down the rules applicable to municipalities;
- • Law no. 2004/019 of 22 July 2004 laying down the rules applicable to the Regions;
- • Act no. 2009/011 of 10 July 2009 on the financial regime for decentralised local authorities.
ARTICLE 501 - The present law will be registered, published according to the urgent procedure, then inserted in the Official Journal in English and French. /-
