Circular letter N°.0001/MINDAF/of 29 December 2005 to organize public auctions sales
The Minister of state property and land tenure
To all: Provincial service heads for land revenue
Division land revenue collectors
Article 101 of Decree N°.2005/178 of 27 May 2005 to organize the Ministry of state Property and land Tenure spells out, among the attributions of the divisional land revenue collecting services the auctions sales of scrapped movables belonging to government services and other state-owned corporate bodies, as well as private property confiscated or seized by the courts and law enforcement forces.
I hereby state the principles and the conditions governing the management of this procedure.
PRINCIPLES
Any property scrapped following the rules of the public accountancy, confiscated by the courts or seized by the forces of law and order, except if destroyed, demolished or rehabilitated, shall exclusively be sold by public auction.
The exception to this principle, which is sale by private treaty, shall be based on justified reasons and submitted to the prior written authorization of the Minister of the state property and land tenure.
CONDITIONS
For any sale by auction to be proper and valid, it must respect the following stages and conditions:
1. Announcement
The competent Divisional Land Revenue collector shall announce the public auction sales at least two weeks prior to the date of sales, through notices in public places and buildings (town halls, government services) or by any other appropriate means, mainly through radio and press announcements.
A copy of the announcement of the public sales shall be forwarded immediately to the provincial service head for revenue and to the sub-Director in charge of the following-up of land Revenue.
2. Sales
The sales operations shall be conducted by a special commission
comprising:
– The land Revenue collector as chairman ;
– The cashier as Rapporteur ;
– The representative of the service or organization whose property is being sold as member ;
– The stores Accountant of the service or organization whose property is being sold as member ;
– A representative of the forces of law and order, as member.
At the end of every session an attestation of sale shall be issued to the buyer, mentioning the actual sales price of the property. Each sales operation entails a report which shall be signed by all the members of the sales commissions present. The sales shall be validated only if the first three persons mentioned above are present.
3. Post-sales formalities
The chairman of the commission shall keep a records file comprising the following documents:
– The scrapping or handing over report ;
– The sales report ;
– Evidence of prior advertisement of the auction sales ;
– Payment receipt ;
– Copies of sales attestations.
A double of this file shall be forwarded to the provincial service head for revenue and to the sub-Director in charge of land Revenue follow-up Department of General Affairs of MINDAF, within 30 days at the most starting from the day following the sales.
The Divisional Land Revenue collector shall update his accounts in accordance with the public accounting rules, at the most, ten days following the auctions sales.
The 12% received in addition to each sale shall be divided as follows:
– 4% for registration fees of the sales report;
– 3% to the chairman of the commission ;
– 2% to the other members of the commission in equal share ;
– 3% to other persons assisting in the sales procedures ;
– 1% to the cashier.
I Attach much importance to the strict respect of the provisions of this circular letter
LOUIS MARIE ABOGO NKONO
Minister of State property and land Tenure
