Wuhan Violating The Land Administrative Accountability Of Heads Of The Interim Measures For The Administration

Original Language Title: 武汉市违反土地管理规定行政首长问责暂行办法

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Wuhan violating the land administrative accountability of Heads of the interim measures for the Administration

    (December 29, 2008, Wuhan municipal people's Government consideration at its 59th Executive on March 15, 2009, 196th promulgated by the people's Government of Wuhan municipality as of May 1, 2009) Chapter I General provisions

    First in order to strengthen land management, land management, conservation of land resources, in accordance with the People's Republic of China land management law, the People's Republic of China on administrative supervision law and the regulation on the punishment of civil servants of administrative organs of the sanctions violations of land management provisions, Wuhan City, and the executive staff and other relevant provisions of the administrative trial measures for the fault responsibility investigation, combined with the city's actual, these measures are formulated. Second article this approach by said violation land management provides administrative heads asked accountability, is refers to City Government on District Government Chang, Wuhan Lake technology industry zone management committee, and Wuhan economic and technological development zone management committee, and City Lake ecological tourism scenic Management Committee, and Wuhan chemical industry District Management Committee (following referred to CMC), City Government out institutions Director, city government sector Director, and Secretary (containing presided over work of administrative Deputy, with), not perform or not right perform land management duties,

    Problems of land violation, in accordance with these measures of accountability system.

    Executive Head of the third district people's Government is the administrative implementation of land management responsibility, within the administrative area of the responsible ownership of arable land and basic farmland protection area.

    CMC are the Executive Heads of the regional implementation of land management responsibility management, to manage the amount of cultivated land and basic farmland protection area is responsible for.

    Municipal Government departments in accordance with the relevant provisions of the law by the Executive heads bear the responsibility to protect.

    Chapter II scope of accountability and

    Fourth District, CMC in land management in one of the following circumstances, in accordance with the administrative officer of the approach to accountability:

    (A) within 1 year of the administrative or management areas illegal new construction area of cultivated land occupied by 15% per cent of the total area of cultivated land occupied more or not to 15%, but adverse effects or other serious consequences, or cultivated land protection responsibility fail to pass the examination;

    (B) the transfer of land by sale or by any other form of illegal or illegally approving expropriation and occupation of land;

    (C) violation of the provisions of the land use agreement, commitment or agree to build and then built upon, understated building, "rents" sign land violations;

    (D) not approved by the land use plan for the purposes identified, or no added construction land use plan (including farmland plan) approved;

    (E) violation of State land adjustment policy, explicitly ordering the suspension of the land does not stop-approval of the State Council, or explicitly prohibited under the State Council for project construction land;

    (F) in the State-owned construction land transfer, transfer approved allocation should be taken, should be taken tenders, auction and approved an agreement to sell or transfer;

    (VII) in violation of regulations approved relief for State-owned construction land transfer fees, or illegally low prices, free use of State-owned land;

    (VIII) establishes a variety of development, expansion of park land use;

    (IX) meeting, business documents forms violate the provisions of land management decisions, leading to problems of land violation;

    (10) to find land violation behavior does not stop, not to investigate and penalize, or adverse consequences of land violation cases;

    (11) do not perform any Government or land and resource management Department correction comments and suggestions related to land management, adverse consequences;

    (12) other circumstances that violate land management regulations should be accountability.

    Article Fifth Municipal Department of land management in the following circumstances, in accordance with the administrative officer of the approach to accountability:

    (A) illegal approval of expropriation and occupation of land, or violation of the provisions of the land use agreement, commitment or agree to build, first built upon, understated building, and the "to rent" sign land use;

    (B) sell or otherwise transfer of land;

    (C) handling the farmland or land expropriation in the application and approval process, misrepresent, hide the location, type, size and other deception;

    (D) in the State-owned construction land transfer, transfer by way of transfer should be taken should be taken tenders, auction and agreement to sell or transfer, or tender, auction, manipulating the winning bidder, acquired a human identification and transfer of results;

    (E) State-owned construction land transfer contract signed, unauthorized adjustment of land use, building volume rate and other conditions of land-use planning;

    (Vi) relief for State-owned construction land transfer without permission or illegally low prices, free use of State-owned land;

    (G) knowingly construction projects were suspected to have breached land regulations, has not been dealt with according to law, for the approval procedures, or any other violation of the provisions of the approval procedures;

    (H) meeting, business documents forms violate the provisions of land management decisions, leading to problems of land violation;

    (IX) to find violations of land do not report, without stop, investigate and penalize;

    (10) no modification of the implementation or management of land and resources, people's Government views and suggestions, and corrective action is not implemented or corrective action weak;

    (11) other circumstances that violate land management regulations should be accountability.

    Chapter III accountability modalities and procedures

    Article sixth accountability by:

    (A) order the written examination;

    (B) notice of criticism;

    (C) Cancel when selecting the best evaluation of qualifications;

    (D) withhold bonuses;

    (E) the commandments conversation;

    (F) suspend introspection;

    (G) urged them to resign;

    (H) be ordered to resign.

    In the manner prescribed in the preceding paragraph, you can separately or concurrently, which suspended reflection, persuade them to resign or be ordered to resign shall, in accordance with management rights and statutory procedures, attention of the Authority (Department) to make a decision.

    Seventh article city land resources and property authority, and city monitored Council found District Government, and CMC, and city government sector has this approach fourth article, and fifth article provides case one of of, by preliminary survey verified Hou, to Mayor proposed on the District Government, and CMC, and city government sector of administrative heads started asked accountability program of recommends, by Mayor decided started asked accountability program; Mayor also can according to about situation directly decided started asked accountability program. Article eighth accountability after the commencement of proceedings, the Mayor discussed organization of the Standing Committee of the municipal people's Government.

    Of the Standing Committee of the municipal people's Government think the facts are clear, the evidence, directly accountable way; think needs further investigation and verification, obliges municipal supervision Bureau investigation and verification. Nineth municipal Bureau of supervision according to the Municipal Government's instruction to carry out investigations.

    Municipal Bureau of supervision after the investigation is completed, findings should be advised in writing with the relevant district people's Government, the Executive Head of the CMC, municipal departments, and the fact that there is no objection to the survey.

    Tenth of municipal supervision Bureau upon completion of the investigation, and shall submit a report and make recommendations based on the survey results in the following provision.

    (A) the district people's Government, the Administration Committee and the municipal departments of this article fourth, one of the circumstances prescribed in the article fifth, submitted to the municipal people's Government on the recommendation of the executive head accountable manner;

    (B) the district people's Government, the Administration Committee, municipal departments of this article fourth and fifth situations provided for in article, but a minor may not be accountable, to the termination by the municipal people's Government on the recommendation of the Chief Executives Board accountability.

    11th the Mayor entrusted the municipal supervision Bureau will investigate the results of discussion and recommendations submitted to the Standing Committee of the municipal people's Government.

    Accountability of the district people's Government, the CMC, Municipal Department of executive heads in the Standing Committee of the municipal people's Government on the State and to defend themselves. Standing Committee of the 12th municipal people's Government after the mode of determining accountability, and municipal people's Governments shall notify the accountable district people's Government Executive heads, CMC, municipal departments, and informed of his right to apply for review.

    Also, inform the relevant authorities and departments.

    13th accountability district people's Government, the Administrative Committee, the municipal sector on accountability is dissatisfied with a decision by the Executive heads, from the date of receipt of the decision in the 15th written review application submitted to the municipal people's Government. Article 14th municipal people's Government decided to review, according to the content of the application for review obliges municipal Bureau of supervision or investigation team be formed to review, and review reports submitted in the 30th.

    After discussion, the Standing Committee of the municipal people's Government, maintain, alter or rescind the decision.

    15th of municipal people's Government for decision of no accountability, municipal Bureau of supervision should be the findings and the Municipal Government decided to notify the district people's Government, the Executive Head of the CMC, municipal departments.

    16th district people's Government, the Administrative Committee, the administrative officer of the municipal people's Government departments have this article fourth, one of the circumstances prescribed in the fifth, and the alleged violation of the Act, dealt with by municipal supervisory authorities in accordance with the provisions of the relevant disciplines; a suspected crime, by judicial organs according to law.

    Disciplinary areas supervisory organs, article 17th city people's Government, the Executive Head of the CMC, municipal departments, the Mayor can still decide in accordance with the provisions of article sixth way held liable. 18th district people's Government according to these measures, the tube.

    Authority, the municipal sector after Chief Executive accountability, accountability is in charge secondary, middle managers or staff member concerned which lead, in accordance with management rights in accordance with the measures of accountability.

    The fourth chapter by-laws

    19th district people's Government, the Administrative Committee should be in accordance with the measures for the administrative and executive heads of administrative districts in violation of land management provisions for accountability. 20th these measures shall come into force on May 1, 2009.