Act No. 9/An/18/8Th Creating The Urban Rehabilitation Agency And Social Housing (Arulos).

Original Language Title: Loi N° 9/AN/18/8ème L portant création de l'Agence de Réhabilitation Urbaine et du Logement Social (ARULOS).

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Act No. 9/AN/18/8th L establishing the Urban Rehabilitation Agency and Social Housing (ARULOS).

NATIONAL ASSEMBLEE A ADOPTETHE PRESIDENT OF THE PROMULGUE REPUBLICI'll tell you what.




VU The Constitution of 15 September 1992;
VU Constitutional Law No.92/AN/10/6th L of 21 April 2010 revising the Constitution;
VU Law No.2/AN/98/4 L of 21 January 1998 on the definition and management of public institutions;
VU Law No.101/AN/05/5th Establishing the Habitat and Human Settlements Management Fund,
VU Law No.57/AN/14/7th L of 20 June 2014 on the organization and attribution of the Secretariat of State to the Ministry of Housing, Urbanism and Environment;
VU Law n°143/AN/16/7ème The Code of Good Governance of Public Enterprises;
VU Decree No.99-0078/PR/MFEN of 08 June 1999 on the definition and management of administrative public institutions,
VU Decree No.2001-0184/PR/MHUEAT establishing a Habitat and Human Settlements Management Fund,
VU Decree No.2001-0012/PRIMEFPCP of 15 January 2001 on General Regulation on Public Accounts;
VU Decree No.2016-109/PRE of 11 May 2016 appointing the Prime Minister;
VU Decree No.2016-110/PRE of 12 May 2016 appointing members of the Government;
VU Decree No.2016-148/PRE of 16 June 2016 establishing the powers of the Ministries;
VU Circular n°170/PAN dated June 07, 2018 convening the 5th Public Meeting of the 1st Ordinary Session of the Year 2018;

The Council of Ministers heard at its meeting on 10 April 2018.


PART I:
GENERAL PROVISIONS

Article 1: It is created a public institution with an administrative character called the Urban Rehabilitation Agency and Social Housing (ARULOS), with an administrative and financial autonomy. The Urban Rehabilitation and Social Housing Agency is attached to the Ministry Delegate to the Ministry of Housing, Urban Planning and Environment.
ARULOS is subject to the economic and financial control of State bodies provided for in the legislation in force.

Article 2: The Urban Rehabilitation and Social Housing Agency is investing in the technical missions of the Habitat Fund. Therefore, the establishment known as the Habitat Fund is dissolved. The property, rights and obligations of the Habitat Fund, including its conventions, contracts and debts and debts, are transferred to the Urban Rehabilitation Agency and Social Housing.

PART II:
OBJECTIVES AND MISSIONS

Article 3: As part of the Government's housing policy, the Urban Rehabilitation Agency and Social Housing is responsible for:
- promote the construction and development of social housing throughout the territory,
- ensure the implementation of the National Insalubre Habitat Recovery Program "Zero Bidonville Programme",
- promote access to land ownership by intensifying the campaign of the Friendly Cession,
- promote the use of material credits in social housing construction operations,

Article 4: The Urban Rehabilitation and Social Housing Agency has the main tasks:
- the development of studies and the construction of social housing on the financing of national or international partners,
- the implementation of restructuring and rehabilitation operations in precarious habitat areas,
- the regulation of land within the framework of the amicable disposal procedure,
- the granting of material loans to support self-construction initiatives,
- the technical supervision and financial support required for the development of housing cooperatives in social housing programs.

PART III:
THE ORGANS OF ARULOS

Chapter 1: The Board of Directors (CA)

Article 5: The Urban Rehabilitation and Social Housing Agency is administered by a Board of Directors composed of natural persons, chosen because of their skills and experiences in relation to the activities of ARULOS.

Article 6: The composition, role and members of the Board of Directors will be determined by Order in Council of Ministers.

Chapter 2: Direction Générale

Article 7: The Agency is headed and represented by a Director General appointed by Order in Council of Ministers, on the proposal of the Ministry of Reconciliation. He/she is selected as a member of the Administration of Framework A. She/He is terminated on the same terms and conditions.

Article 8: The Director General shall be responsible for the day-to-day management of the Agency and shall represent it in court and in its relations with third parties. Subject to the powers that the Act and this statute assign to the Board of Directors, and within the limits of the Agency's social object, the Director General shall be vested with the widest powers to act in all circumstances on behalf of the Agency.

Chapter 3: The Accounting Agency

Article 9: The Accountant of the Urban Rehabilitation Agency and Social Housing (ARULOS) has the quality of the Public Accountant. The financial and accounting operation of ARULOS is carried out under the conditions provided for in the provisions relating to public administrative institutions.

PART IV: FINANCIAL PROVISIONS

Article 10: The financial resources of the Urban Rehabilitation Agency and Social Housing are comprised of:
- rent-sales of dwellings built by the Agency or granted by the State;
- reimbursement of loans granted to individuals in the form of material credits;
- products of the sale of parcels of domanial lands in the city of Djibouti (Amiable Ession);
- funds made available by development partners under the conventions and agreements with the Government for social housing projects;
- any other existing recipes or to create that the State will allocate it in the form of transfers or endowments.

PART V: SPECIAL PROVISIONS

Article 11: The ARULOS Procedures Manual, which comprehensively determines the technical functioning of the above-mentioned departments/offices, services and offices, as well as the description of the positions of their officials, managers and agents, shall be developed and submitted to the Board for approval.

PART VI: FINAL PROVISIONS

Article 12: The organization and operation of the Agency will be determined by Order in Council of Ministers.

Article 13: All previous legislative and regulatory provisions contrary to this Act are repealed.

Article 14: This Act will be registered and published in the Official Journal upon its adoption by the National Assembly and its promulgation by the President of the Republic.

Done in Djibouti on 25/06/2018


President of the Republic,
Head of Government
ISMAÏL OMAR GUELLEH