Read the untranslated law here: http://www.jo.gouv.sn/spip.php?article10710
Ministry of economy, finance and PLAN Decree No. 2015 - 1879 December 16, 2015 Decree No. 2015 - 16 December 2015 1879 amending Decree No. 2009-1334 30 November 2009 establishing and fixing the rate and distribution of the Equalization Fund and supporting communities local report of PRESENTATION in application of article 55 of the Mining Code and by Decree No. 2009-1334, November 30, 2009 established a Fund for Equalization and support to local communities, the rates and terms of distribution shall be determined by the same Decree.
The entry into force of Act III of decentralization however has an impact on this Decree, insofar as some local beneficiaries of the Fund (the region and rural community) exist legally, as well as created a new category of local community, Department, but do not include recipient said.
The update of the aforementioned decree is required, insofar as currently drafted does not pay the allocations to their successors.
The proposed amendments relate to:-article 4 of Decree n ° 2009 - 1334 November 30, 2009, in the direction to make it consistent with the new general Code of local authorities;
-the introduction of a transitional provision to pay beneficiary communities funds which have been collected since 2010 and who have not yet undergone distribution.
Such is the economy of this Decree.
The PRESIDENT of the Republic, pursuant to the Constitution;
Pursuant to law organic n ° 2001-09 of October 15, 2001, relative to the laws of finance.
Pursuant to law No. 2003 - 36 of 24 November 2003 on Mining Code;
Pursuant to law No. 2013-10 December 28, 2013, general code of local authorities, as amended;
Mindful of Decree No. 66 - 510 04 July 1966 concerning financial arrangements of local communities;
Having regard to Decree No. 2004 - 647 of 17 May 2004 laying down detailed rules for the application of the law on Mining Code;
Considering Decree No. 2009 - 1334 30 November 2009 establishing and fixing the rates and the terms of distribution of the Fund for Equalization and support to local communities;
Having regard to Decree No. 2014 - 845 06 July 2014 appointing the Prime Minister;
Mindful of Decree No. 2014-853 09 July 2014 on the distribution of the services of the State and control of public institutions, societies and corporations with public participation between the Presidency of the Republic, the Prime Minister's Office and the ministries, amended by Decree No. 2016-299 06 March 2015.
Considering Decree No. 2014 - 874 of July 22, 2014, on the powers of the Minister of economy, finance and the Plan;
Considering Decree No. 2014 - 876 of July 22, 2014, on the powers of the Minister of local governance, development and the development of the territory;
Considering Decree No. 2014 - 878 of July 22, 2014, on the powers of the Minister of industry and Mines;
Having regard to Decree No. 2015 - 855 of 22 June 2015 on the composition of the Government.
The joint report of the Minister of economy, finance and the Plan, the Minister of industry and Mines and the Minister of local governance, development and planning, DECREED: Article 1. -The provisions of article 4 of Decree n ° 2009 - 1334 30 November 2009 establishing and fixing the rate and distribution of the Fund for Equalization and support to local communities are amended and replaced by the following: 'Article 4. -The staffing of regional administrative districts local equipment support with mining operations is determined in proportion to the contribution of each region administrative district resources.
Share paid to each administrative region is allocated as follows: - twenty percent (20%) to local housing (s) site (s) of mining operations, proportionately to their contribution and in proportion to the size of the population; - four twenty percent (80%) to other local administrative district region with mining operations.
The share allocated to other local authorities in the administrative region is distributed as follows:-four twenty percent (80%) in the Commons in proportion to the size of their population.
-twenty percent (20%) in the local government departments.
S. 2 - endowments to the equipment of the local authorities, payable since the creation of the Equalization Fund and supporting communities local, but not yet distributed, are subject to the provisions of this Decree.
S. 3 - the Minister of economy, finance and the Plan, the Minister of industry and Mines and Minister of local governance, development and the development of the territory shall be responsible, each in relation to the implementation of this Decree which shall be published in the Official Journal of the Republic of Senegal.
Made in Dakar, 16 December 2015 Macky SALL by the President of the Republic: Prime Minister Mahammed Boun Abdallah DIONNE
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