Act No. 2013-10 December 28, 2013

Original Language Title: Loi n° 2013-10 du 28 décembre 2013

Read the untranslated law here: http://www.jo.gouv.sn/spip.php?article10120

  

Act No. 2013-10 December 28, 2013 Act No. 2013-10 December 28, 2013, general code of local authorities statement of reasons upon accession to international sovereignty, Senegal has opted for a policy of decentralization prudent, progressive and irreversible. This option has been confirmed during the various phases that have marked this policy.
The first major reform of 1972 is the precursor act more famous local freedoms, with the creation of rural communities, the promotion of decentralization and regionalization of plan.

The second major reform carried out in 1996 "in order to increase the proximity of the State and the responsibility of local authorities", devotes regionalization, in particular, the erection of the region in local community, the creation of district communes.
The 1996 reform constituted a turning point in the process Senegalese decentralization because it changes, basically, relations between the State and local communities by strengthening the autonomy of management by, inter alia, the administrative freedom and relief of the control, as well as the skills of the latter in nine areas. It, also, was marked by the institution of new devices for the strengthening the financial, human and material of local communities so that they can ensure proper management of their skills.

However, despite the progress and registered gains, many weaknesses and constraints still weigh on the implementation of the decentralization policy.
The policy of decentralization in Senegal faces, indeed, many limits, namely:-objective weaknesses of the framework organizational and functional decentralization for the promotion of a territorial development;
-the lack of viability of the territories and exploitation of the potential of development of territories;
-the weakness of the spatial planning policy limited by rigid territorial architecture;
-the weakness of territorial governance accentuated by a multiplicity of actors with logic and sometimes different concerns;
-the inconsistency and inefficiency of the mechanisms of financing for territorial development;
-the weakness of the co-production of the actors of territorial development which strongly induces the ineffectiveness of interventions.

The context and the weakness of the policy development and strategies applied so far, require, therefore, to initiate alternatives likely to correct deficiencies and simultaneously produce significant progress at the national level and a harmonious local development.
In this perspective, the option is taken to build, through dialogue consensual and prospective, the revival of the modernization of the State, through a coherent decentralisation in its principles, and effective in its implementation.

Also, the Government plans the major recasting of the territorial action of the State, through the proposed reform of decentralization.
The general objective of this reform, dubbed "Act III of decentralization" is to organize Senegal in territories viable, competitive and bearers of sustainable development.

This reform has its roots in a real land-use planning policy and directs the realization of the aspirations and hopes of the territorial actors, to build a territory project. It provides adequate space for the foundations of the territorialization of public policy.

It comes in four basic objectives:-an anchor of territorial cohesion for a renovated administrative architecture;
-clarification of competences between the State and local communities;
-development of contractualisation between these two levels of decision-making;
-modernisation of territorial governance, with a reform of local finance and a promotion supported by the quality of human resources.
Given its complexity and its crucial content for the future of our country, Act III of decentralization will be implemented gradually and will be carried out in two phases.

This will, in a first phase:-remove the Community area local.
-to build the departments in local communities;
-to carry out the full communitarisation by the erection of rural communities and the district into municipalities communes;
-to create the city to pool expertise of Commons creating it;
-to distribute the nine areas of expertise far transferred between both levels of local communities that are the Department and the municipality.
The first phase should take place in compliance with the current territorial limits of administrative entities concerned.

The implementation of such a reform justifies the adoption of a new general Code of local authorities which repeals and replaces them local law n ° 96-06 bearing Code des collectivités, no. 96-07 on transfer of powers to regions, municipalities and rural communities and no. 96-09 March 22, 1996 laying down the administrative and financial organization of the district municipality and its relationship with the city.

This new device is articulated as follows: first book. -Organizational and financial framework of local communities: first title. -of the administrative freedom of local authorities and citizen participation;
Title II: of the Department;
Title III: of the municipality;
Title IV: local government and local services;
Title V: control of the legality of local communities;
Title VI: representatives of the State;
Title VII: monitoring bodies;
Book II: Transfers of powers: first title: the basic principles and the modalities for the transfer of skills;
Title II: skills of local communities;
Title III: the clearing and the Endowment Fund of decentralization.
This is the purpose of the present Bill.
The National Assembly adopted in its session of Thursday, December 19, 2013, the President of the Republic enacts the law whose content follows: book first.

ORGANIZATIONAL AND FINANCIAL FRAMEWORK OF THE LOCAL TITLE I. -OF the free ADMINISTRATION of local communities and the citizen first chapter PARTICIPATION. -Provisions General Section 1. -Free administration of local communities Article 1. - in respect of national unity and the integrity of the territory, local communities of the Republic are the Department and the municipality.
Local authorities have legal personality and financial autonomy. They administer freely by councils elected by universal suffrage.

S. 2 - local communities are created, deleted, split or merged under the conditions laid down in this code.

S. 3 - local communities have a mission design, programming and implementation of economic, social and environmental development actions of local interest.
Local authorities are solely responsible, in compliance with the laws and regulations of the appropriateness of their decisions.
They combine in partnership, where appropriate, to the realization of economic, social and environmental development projects, associative movements and community-based groups in respect of the gender equity.

S. 4. - the Act determines the competences of local authorities.
Any transfer of competence to the community must be accompanied by concomitant transfer by the State to the means necessary for the normal exercise of this jurisdiction and resources.

S. 5 - no local community may not deliberate outside its statutory meetings, or a foreign object to his skills, otherwise to apply administrative and criminal penalties provided for in articles 30 and 88 of this code.

Section 2. -Participation citizen art. 6 - any natural or legal person can do, to the president of the departmental Council and the Mayor, all proposals relating to the impulse of the economic and social development of the local community concerned and the improvement of the functioning of the institutions.

Any resident or taxpayer has the right to request, at his own expense, take total or partial copy of the minutes of the departmental Council or municipal Council, budgets and accounts, as well as previous orders issued by the local authority.

S. 7. - to ensure a good participation of populations in the management of public affairs, the local executive body may establish, within the local community, a framework for consultation on:-plans and local development projects;
-cooperation agreements and plans contracts.
In addition, the framework may be consulted on any other matter of local interest.
A decree determines the composition, organization and functioning of the framework conditions.

Chapter II. -Organization, functioning and control of communities local art. 8. - the Council of every local community elects in its midst an executive body whose composition is determined by this code.

S. 9 - local communities have budgets and resources.

S. 10. - the preparation, adoption, execution and control of the implementation of the budget of local authorities are carried out under the conditions laid down in this code and in compliance with the rules of public accounting.


S. 11. - to accomplish their missions, local authorities have services and can rely on decentralized State services.

S. 12 - the elected representatives of local communities have the right to training adapted to their function.
Local communities have personnel whose status is determined by law.
All recruitment of personnel by a local community must be expected and in its budget.

S. 13 - public and private local community consists of movable and immovable property acquired for consideration or free of charge.

The State may transfer to a local community management of part of the public domain. It can also co-manage with another local community or assign or transfer, for payment or free of charge, its private domain assets located within the territorial jurisdiction of this.
For reasons of general interest, the State reserves the right to return all or part of these goods dependents to reimburse the expenses in accordance with the laws and regulations.
The rules governing the classification, downgrading, transfer, assignment, decommissioning and disposal of a local domain are established by law.

S. 14 - the acts of local authorities are subject to control of legality exercised by the representatives of the State.
The delegations of public services, public procurement and public partnership agreements - private local communities are passed in accordance with the legislative and regulatory provisions in force.
The contracts entered into by the local executive organ are authorized by the Council of the local community who may determine the conditions, according to the terms and limits laid down in title IV of book 1 of the present code.
The Supreme Court is judge of the disputes born of the exercise of the review of legality.
The Court of Auditors is judge of the accounts of local authorities.

Chapter III. -Cooperation and solidarity article 15 - local communities are of equal dignity. No local community cannot establish or exercise of guardianship over another.

S. 16 - local communities can undertake, on terms laid down by Decree, actions of cooperation between them, with the State or any other structure appropriate in view of the promotion and coordination of development actions in specific areas.

S. 17 - local may, individually or collectively, undertake programs of common interest with the State.

S. 18 - in respect for the principle of free administration, the State guarantees and organizes the principle of solidarity between local communities. For this purpose it may establish incentive mechanisms.

S. 19 - in the conditions laid down by this code, local authorities can, within their own competencies, undertake cooperation actions that give rise to agreements with local authorities of foreign countries or international agencies or private development.

TITLE II. -Department s. 20 - the Department is a local authority, legal person under public law. It is administered by a Council elected by direct universal suffrage.
The departmental Council in its deliberations, the president of the departmental Council by the statement of affairs and the execution of the deliberations contribute to the administration of the Department.

Article 21 - the creation and organization of the Department can undermine national unity or the integrity of the territory.
First chapter. -The name and boundaries of the art Department. 22 - the Department is created by Decree.
The Decree determines the name of the Department, situated in the capital and establishes the perimeter.

S. 23 - to transfer the capital of a Department or modify the territorial limits of several departments, the Minister in charge of local Government required an investigation.
To attach to a Department, a local authority or a portion of local community, the opinion of the concerned local community Council is required.

S. 24. - changes in the territorial limits of the departments, the merger of two or more departments, the designation of the new capitals, are decided by Decree.
These changes cause similar correction of administrative constituencies concerned.

S. 25. - mergers and changes of departments shall take effect from the date of opening of the first session of the new departmental Board of the newly created entity, unless the constituent Decree provides otherwise.
In the latter case, that Decree stipulates the dissolution of the relevant departmental councils.

S. 26 - property belonging to a Department attached to another become the property of the Department of attachment.
Property belonging to a Department attached to a portion of Department erected into a separate department become the property of this new Department.
The inhabitants of the Department or the territorial portion of the Department attached to another preserve the enjoyment of property whose fruits are seen in nature.
The Decree on the merger or modification of the territorial limits of a department determines expressly all other conditions including the devolution of property.

A decree including determines the conditions for awarding either the Department or the departments of connecting either the State:-of any land or buildings that are part of the public domain.
-in its domain private.
-donations with charges made for the deleted Department.

Chapter II. -Competencies of the Department.

S. 27 - the conseil départemental rule by deliberations the Affairs of the Department.
The Department has jurisdiction for the economic, educational, social, health, cultural and scientific development to achieve departmental development plans and organize the development of the territory in respect for integrity, autonomy and the responsibilities of other local communities.

It may initiate complementary actions from those of the State and other local communities in the region administrative district, in areas and conditions determined by law.
The Department can be agreements with the State or with other local authorities or their groupings, actions falling within their competence, in the strict respect of their powers with them.

It may propose to the Commons within the purview of the Department all measures aimed at promoting the coordination of local investment and development actions, subject to the provisions of article 15 of this code.

S. 28 - A derogatory title, the devolved powers to the departmental Council by this code are exercised, where appropriate, by the city if its area corresponds to the territory of the Department.

S. 29 - in respect of the Constitution and under the conditions laid down in title V of this code, the Department can pass decentralised local authorities, with cooperation agreements public or private bodies foreigners or international.

S. 30 - when the departmental Council deliberates outside its statutory meetings, the representative of the State takes all necessary measures for Assembly separates immediately.
Where departmental Council deliberates on a foreign skills object, publishes proclamations and addresses, emits political wishes threatening the territorial integrity and national unity or puts in communication with one or several local councils out of the cases provided by law, the acts adopted are considered as non-existent.

In the cases provided for in paragraph 2 above, the representative of the State takes a reasoned order forwards it to the Prosecutor of the Republic of the spring for the purposes of the criminal law.
Upon conviction, the members of the meeting are reported, decision, excluded from the departmental Council and are ineligible for the three years following the delivery.

Chapter III. -Organs of the Department Section 1. -Training of the organs of the art Department. 31 - the departmental Council consists of Councillors and departmental Councillors elected for five years in accordance with the electoral Code. It is the deliberative organ of the Department.
In the forms and conditions laid down in article 42 of the present code, the Board elected its members a bureau composed of a president, a first Vice-President, a second vice-president and two Secretaries.
The members of the bureau, because the responsibilities which they are entrusted, must read and write in the official language.
After the president and the members of the bureau in the order of their election, departmental advisers shall take precedence in the order of the array.

The order of the array is determined: 1. by the earliest date of the elections that have occurred since the last full renewal of the local councils.
2. between Councillors elected on the same day by the priority of age.

S. 32 - the president of the departmental Council and the members of the bureau are elected for the same duration as the departmental Council.
On the occasion of official ceremonies and the solemn circumstances, the president and the members of the bureau carry belt a scarf in national colors, with fringes Golden for the president and fringe silver for the members of the bureau.


S. 33 - departmental Council may delegate the exercise of part of its remit to the office, with the exception of those referred to in articles 43 and 46 of this code. This decision shall be the subject of a decision determining the extent and duration of the delegation. The expiry of the duration of the delegation, account is delivered to the departmental Board.

The departmental Council designates members the delegates to sit in outside organizations in the cases and conditions provided for in the legislation governing these bodies. Fixation by the aforementioned texts of the duration of the functions assigned to these members or delegates shall not preclude that there can be, at any time and for the remainder of this term, they are replaced.

S. 34. - the president of the departmental Council is the executive body of the Department. It prepares and implements the departmental Council's deliberations.
He is the authorising officer of the expenditure of the Department and prescribed performance of revenue, subject to the provisions of the general Code of taxes relating to the recovery of tax revenue for local communities.
He is the head of decentralized services of the Department. It can, under its supervision and responsibility, give delegation of signature to the members of the bureau.

Under the same conditions, it may also delegate its signature to the Secretary general of the Department, as well as those responsible for those services.
The president of the departmental Council manages the area of the Department. Accordingly, it exercises the powers of police relating to this management, particularly as regards traffic on this field, subject to the devolved powers to the representatives of the State and mayors.

S. 35. - for the preparation and execution of the deliberations of the conseil départemental, its president may provide, where appropriate, and decentralized services of the State under an agreement signed with the representative of the State, stating conditions for support by the Department of these missions.

Under its supervision and responsibility, it can give signing delegation chiefs said services for the performance of tasks which it entrusts to them, in accordance with the preceding paragraph.
The terms and conditions of the use by the Department of these services, in the form of conventions-types, are fixed by Decree.

S. 36. - for the purposes of this code, the officials responsible for the implementation of departmental tasks are assigned to the president of the departmental Council and are placed on the exercise of their functions under the authority.
These personnel are primarily governed by the statutes which are applicable on the entry into force of this Act.

In addition, any commitment of an agent by the Department is carried out according to the terms of recruitment, remuneration and career path applicable to equivalent jobs in the State.

S. 37. - the Secretary general of the Department is appointed by the president of the departmental Council, after opinion of the representative of the State, among the agents and officials of the public service, or level A hierarchy equivalent laid down by Decree.

He attends meetings of bureau with advisory voice.
The president of the departmental Council puts an end to its functions in the same forms.

S. 38. - between the action of the services of the Department and the services of the State in the Department is coordinated by the representative of the State in relation to the president of the departmental Council.
The representative of the State meet a conference on harmonisation at least twice per year on State investment programs and the Department meeting is co-chaired by the prefect of the Department and the president of the departmental Council.

S. 39 - the same region administrative district departments are in common, with the Commons, a regional development agency (ARD).
This Agency's mission to provide free assistance to local communities in all areas of activity related to the development. The terms of creation, organization and functioning of this agency are specified by Decree.
The representative of the State of law attends the meetings of the Board of Directors of this agency or made there represent.

ALLOWANCES art. 40 - the functions of president, Member of the bureau, advise departmental Chairman and member of special delegations, lead on the budget of the Department to the payment of compensation or reimbursement of expenses required for the implementation of the mandates entrusted to them.

Departmental advisors are entitled, during sessions or tasks set out by the president, a per diem and travel expenses for participation in the work of the departmental Council. The amounts of this allowance and fees are fixed by Decree.

Departmental Council may vote on the ordinary resources of the Department, compensation to the president for hospitality. In case of dissolution, these benefits are attributed to the president of the special delegation under the terms laid down by Decree.
This fixes the rules for granting so rate maxima of the allowances and expenses referred to in this article.

S. 41 - the burden of compensation for injury resulting from an accident that occurred in the exercise of the functions of President, vice-presidents, and members of offices, Chair and Vice-Chairs of special delegation, rests with the Department.

In the exercise of their functions, they enjoy protection in accordance with the provisions of the criminal code and special laws.
Departmental advisors and members of the special delegation benefit from the same protection when they are responsible for the execution of a special warrant. In this case, they also benefit from the security provided for in the first paragraph above.

Section 2. -Functioning of the organs of the Department.

S. 42 - the departmental Council has its headquarters in the capital of the Department.
The first meeting of the newly elected Council stands right within fifteen days following the official announcement of the results. It is convened by the representative of the State.
During this meeting, chaired by its oldest Member, the youngest member acting as Secretary, the Council shall elect its Chairman.
The election shall be conducted by secret ballot and by an absolute majority of the members of the departmental Council.

If, after two rounds of voting, no candidate got an absolute majority, proceeded to a third round of balloting and election then takes place at the relative majority. In the event of equality of votes, the older is declared elected.
The departmental Council cannot, in this case, deliberate only if two-thirds of its members are present. If this condition is not met, the meeting is called full eight days later. The meeting will be held without quorum requirements.

Immediately after the election of the president and under his presidency, departmental Council complete its bureau by electing its two vice-presidents and two Secretaries. Each Member of the bureau is elected under the same conditions as the president and for the same duration.
The powers of the outgoing Council shall expire at the opening of this first meeting.

S. 43 - after the election of its bureau, the departmental Council shape its commissions, proceeded to the designation of its members or its delegates to represent external bodies.

S. 44 - the departmental Council shall meet once per quarter, in regular session. The duration of each session may not exceed fifteen days, except the budget session which may last for a month.

S. 45 - departmental Council also met in extraordinary session, for a term which may not exceed three days, on an agenda determined at the request:-President;
-one-third of the members of the departmental Council, the same departmental Advisor cannot be signed over a meeting annually request;
-the representative of the State.

S. 46 - departmental Council form of law 4 committees: 1. Commission of administrative, Legal Affairs and rules of procedure;
2. commission of education, health and population, social and Cultural Affairs, youth and sports;
3 finance, plan and economic development commission;
4. Committee on the environment, the development of the territory, fields, urban planning and habitat.
Any other commission may be created or dissolved by decision of the departmental Council, at the request of its Chairman or on proposal of at least 1/3 of the members of the departmental Council.

S. 47 - the meetings of the departmental Council are public unless the Council decides otherwise by an absolute majority of the members present or represented.
The vote takes place in the public vote. The deliberations of the Council are taken by a simple majority. In the event of equality of votes, the president is dominating. The first and last names of the voters, with the indication of their vote, are inserted in the minutes.
However, at the request of one quarter of the members present, the vote is secret.

S. 48 - the departmental Council can deliberate if an absolute majority of its members is present at the opening of the session.
If this quorum is not reached, the meeting is convened of right, eight days later. In this case, the discussions are valid only if at least one-quarter of the members of the Council are present.


S. 49 - fifteen days at least before the meeting of the conseil départemental, president address departmental advisors a report on each of the cases to be submitted to them.
Each year, in January of the year following the end of management, president presents to the departmental Council a special report on the situation of the Department including on the transferred material, activity and the functioning of the various services of the Department and the agencies that report to it, as well as the appropriations allocated to them.

The report also noted the status of implementation of the deliberations of the Council and the financial situation of the Department. This report gives rise to a debate. It is transmitted for information to the representative of the State. It is made public.

S. 50 - the presence of the representative of the State or its delegate duly mandated meetings of the departmental Council is right. Whenever he asks, the representative of the State or his delegate is heard, but can only preside over the meetings or participate in the vote. His statements are brought to the minutes of the proceedings.

Once a year, the representative of the State exposes to the departmental Council by a special report presented in January of the year following the end of the management, the activity of the State services in the Department. This report gives rise to a debate in his presence.

S. 51 - a departmental adviser, prevented, may give written proxy to vote consistent with other departmental Advisor, for the meeting in which it can assist certified signature.
The same departmental Advisor may receive more than a single proxy.
Chapter IV. -Dissolution of the Council, striking substitute duties have ceased.

S. 52. - where the operation of a departmental Council proves unable to sustainably, its dissolution may be imposed by Decree, after the opinion of the supreme court.
The dissolution may be made by way of a general measure.

S. 53. - in the event of dissolution of the departmental Council, resignation of all its members or cancellation became final of the election of all its members, a special delegation of seven members is named by order of the Minister in charge of local government.
The office of the special delegation is composed of a president and two vice-presidents.
The special delegation has the same powers and duties as the departmental Council.
However, it cannot: 1. dispose of or Exchange properties of the Department;
2. increase the budgetary strength;
3. create public services;
4 vote borrowing.
A new election of the departmental Council is organized within a maximum period of six months.

The time limit referred to in the preceding paragraph may be extended for one, two, or at most, three periods of six months by a motivated decree.
The representative of the State shall convene the Board elected for the first meeting, which he sets the date, time and place.

S. 54 - where the president of the departmental Council refuses or neglects to perform any of the acts that are required by the Act or the regulations or required absolutely in the interest of the Department, the Minister in charge of local communities, after giving formal notice, may be proceed ex officio.
This formal notice must be in writing and indicate the deadline for the president to meet with the Minister in charge of local government.
If the formal notice remained vain in the allotted time, this silence amounts to a refusal.
When it comes to a measure common to two or more departments interest, the Minister in charge of local communities can substitute, in the same conditions, to the presidents of the county councils concerned.

S. 55. - the president of the departmental Council which, subsequent to his election cause, no longer fulfils the conditions required to be president or that is located in one of the cases of ineligibility provided for by law, must immediately cease its functions.
The Minister in charge of local authorities urged him to resign immediately without waiting for the installation of his successor. If the president refuses to resign, the Minister in charge of local communities decides by order suspension for a month. It is then terminated his functions by Decree.

S. 56 - the president of the departmental Council appointed to an office incompatible with its mandate is required to make a declaration of option within a period of thirty days. After this time, he may be invited by the Minister in charge of local communities to abandon one of its functions. In case of refusal or fifteen days after this, the president is said resigned by Decree.

S. 57 - the resignation of the president of the departmental Council is addressed to the Minister in charge of local authorities by registered letter with acknowledgement of receipt. It is final from its acceptance by the Minister in charge of local government or a month after sending a new letter.

S. 58. - the provisions of the penal Code are applicable to any departmental Council president who has deliberately given his resignation which the object would be to prevent or suspend either the administration of justice, or the performance of a service any.

S. 59. - when the president of the departmental Council or any other departmental adviser is convicted of crime, its revocation is right.
The chairpersons, Vice-Chairpersons and any other Advisor departmental, after having been heard or invited to provide a written explanation as to the facts which they are accused, may be suspended by an order of the Minister in charge of local authorities for a time not exceeding one month and which can be increased to three months by Decree.

They may be removed only by Decree.
The order of suspension and the removal order must be motivated the period of suspension shall not exceed one month.

S. 60 - revocation shall the ineligibility to the duties of Chairman and Advisor for a period of ten years.

S. 61 - although the list is exhaustive, the following facts can trigger the application of the provisions of article 59 of this code: 1. facts provided for and punished by the law establishing the Court of Auditors;
2. use of the public funds of the Department for personal or private;
3 money loans made on the revenue of the Department;
4 faux authentic public write referred to in the penal Code;
5. false clerk in certain administrative documents in the roadmaps and certificates referred to in the penal Code;
6 concussion or corruption;
7 speculation on the assignment or use of land public and other moveable and immovable property.
8. refusal to sign and transmit to the representative of the State a departmental Council deliberation.
In the first seven cases, the administrative penalty shall not preclude prosecution.

S. 62 - in the event that the president of the departmental Council, the members of the bureau, the president or members of the special delegation have committed one of the irregularities under the Act establishing the Court of Auditors, they are liable to prosecution in this Court.

S. 63 - president of the departmental Council, the members of the bureau, the president and the vice-presidents of the special delegation which is interfered improperly in the handling Department funds are treated as de facto accountants and can, as such, be brought before the competent courts.

S. 64 - death, accepted resignation, revocation, suspension, absence or any other impediment duly noted by the bureau and subject to the provisions of article 65, paragraph 2 of the present code, the President is temporarily replaced by a member of the Board in order of election and, failing that, by a departmental Counsellor in the order of the array.
At the next ordinary session, permanently prevented president replacement is made. The office is complemented accordingly if applicable.

S. 65. - when the president dies, resigns, is suspended or revoked, his replacement has the fullness of its functions.
In case of absence or impediment, the alternate for the president is only responsible for shipment of current affairs. It cannot substitute for the president in the general direction for Affairs of the Department nor change its decisions.

S. 66 - any member of the departmental Council, duly summoned, who without legitimate reasons, failed in three successive sessions, can be, after being asked to provide explanations, said resigning by the president, after the opinion of the departmental Council. Decision, which copy must be sent to the person concerned and the representative of the State, is subject to appeal within two months of the notification to the competent court.
The Counsellor said in these circumstances who has resigned may again apply to the departmental, partial or general election following the date of his resignation of office.

S. 67 - any member of the départemental Council which, without reasonable excuse, refused to fill one of the functions conferred by the laws and regulations may be declared resigning by the Minister local communities after the opinion of the departmental Council. Refusal results either a written statement addressed to the right or made public by its author, or persistent forbearance after formal notice of the Minister in charge of local communities.


S. 68 - voluntary resignations are addressed by registered letter to the president of the departmental Council, with a copy to the representative of the State. They are final from their acknowledgment by the president of the departmental Council or one month after a second consignment of the resignation by registered letter.

S. 69 - employers are required to leave to employees of their company or service, members of the departmental Board, the time required to participate in plenary meetings of this Council or the work of the commissions which depend on. The suspension of work under this section may be a cause of rupture of the contract of services by the employer and this under penalty of damages for the benefit of the employee.

S. 70 - in time of war, the president and departmental advisers individually may be, for reasons of public order or general interest, suspended by Decree until the cessation of hostilities. The members of the Council thus suspended are not digitally replaced for the normal duration of the mandate of the Council.
However, whether this measure should reduce by a quarter at least the number of the members of the Council, the same Decree establishes a special delegation empowered to provide departmental Council.
TITLE III. -OF the common art. 71 - the commune is a local authority, legal person under public law. It includes the inhabitants of the perimeter of a single locality consisting of neighborhoods or villages United by solidarity resulting from the neighborhood, eager to deal with their own interests and able to find the resources necessary for an action which is within the national community and in the interests of the nation.
Districts and villages are administrative base cells whose status is determined by Decree.

City Council by its deliberations, the mayor by his decisions, by the statement of affairs and the execution of the deliberations, contribute to the administration of the commune.
First chapter. -The name and boundaries of the communes.

S. 72 - the commune was created by Decree.
This Decree determines the name of the town, situated in the capital and establishes the perimeter.

S. 73 - cannot consist in Commons that localities having a sufficiently developed to be able to dispose of own resources to balance their budget.
No municipality may be established that includes a total population of at least 1,000 inhabitants.

S. 74 - when, during four consecutive financial years, the normal functioning of a municipality is made impossible by the imbalance of its finances, its deletion may be imposed by Decree, after the opinion of the supreme court.
Decree which pronounced the removal of the municipality may decide its tie-in to one or other municipalities.

S. 75 - the name change, the changes within the territory of the communes, mergers of two or several communes, the designation of new towns are pronounced by Decree.

S. 76 - to transfer the seat of a municipality, changing territorial boundaries, merge several municipalities in a single, or distract a portion of its territory, of a joint to attach it to another either for raising it to a separate commune, the representative of the State required an investigation.
The representative of the State shall order this survey when it receives a request to that effect, the City Council of one of the municipalities concerned, by either one-third of the registered voters of the municipality or the portion of territory in question. It can also order it ex officio.

S. 77 - if the project concerns the detachment of a portion of the territory of a municipality, either linked to another commune, or raising it to separate municipality, the representative of the State may, by order, establish a commission giving its opinion on the draft.

S. 78 - after completion various formalities provided for in articles 76 and 77 above, the municipal councils concerned must give their opinions.

S. 79 – attached to another municipality-owned assets become the property of the commune of attachment.
Property belonging to a joint attached to a portion of municipality erected in separate municipality become the property of this new municipality.
The inhabitants of the municipality or territorial portion of the town attached to another retain the enjoyment of property whose fruits are seen in nature.
The Decree on the merger or modification of the territorial limits of a municipality determines expressly all other conditions including the devolution of property.
A decree implementing particular determines the conditions for either the municipality or the communes of attachment, either the State:-of any land or buildings that are part of the public domain;
-in its domain private;
-donations with charges made for the suppressed commune.
Surplus assets is attributed to the State after the Commons of attachment have received the necessary resources to cope with the additional costs resulting from the incorporation.

S. 80. - in the case of merger of municipalities carried out by application of article 74 (2) of this code, are only dissolved of right deleted Commons councils. The municipal councils of attachment shall remain in office.
Chapter II. -Skills of the common art. 81 - City Council rule by deliberations the Affairs of the municipality.
It must ensure the whole of the population, without discrimination, the better living conditions. City Council gives its opinion whenever it is required by laws and regulations or at the request of the representative of the State.
It can transmit wishes, in writing, on all matters of local interest, especially on those relating to the economic and social development of the municipality.

It shall be kept informed of the progress of works and actions financed by the municipality or with his participation.
In addition, subject to the provisions of chapter V of this title, it shall exercise the following powers: 1. the procedures for the exercise of any right of use may be exercised within the communal boundary, subject to the exceptions provided by law;
2. the plan general of land, development, subdivision, equipment perimeters allocated to housing, as well as the authorization of installation of housing or camps;
3. the allocation and the decommissioning of the national lands;
4. the creation, modification or deletion of fairs and markets;
5. the acceptance or refusal of gifts and bequests;
6. the budget of the municipality, the additional appropriations as well as all amendments to the budget;
7. local projects and the participation of the municipality to finance them;
8. human investment projects;

9. the acquisitions real estate and securities, projects, plans, specifications and contracts for new construction, reconstruction, major repairs or any other investments;
10. the classification, reclassification, the opening, recovery, alignment, extension, enlargement or the deletion of channels and public places as well as the establishment, improvement, maintenance of tracks and paths not classified;
11. the creation, disaffection or expansion of cemeteries;
12. the protection of fauna and flora and the fight against the predators and poachers.
13. the fight against the fires and the practice of culture fires;
14. the nature and modalities of execution of fences and defenses limiting the funds and protecting crops pending individual or collective;
15. the servitudes of passage and vain grazing;
16. the plan and the terms and conditions of access and use of water of any kind;
17. the creation, the delimitation and the materialization of paths of livestock within the municipality, with the exception of high-traffic routes which fall within the competence of the representative of the State;
18. the Organization of the operation of all plant products of picking and cutting in wood.

S. 82 - the City Council designates those of its members to sit on boards, commissions and agencies in which the representation of the commune is provided for by the laws and regulations in force.

S. 83 - citizens or associations of a neighbourhood or village representatives can establish an Advisory Council. These councils are consulted by the Mayor and can make proposals on any matter affecting the neighbourhood or village.
An order of the Minister in charge of local Government determines responsibilities and operating procedures.

S. 84 - the deliberations of the Council are legally binding within the framework established by the provisions of title V of book 1 of the present code.

S. 85 - no creation of services or new jobs cannot be operated without the prior opening of a credit in the corresponding chapter of the budget.
Null decision, during the financial year, to creations or processing of jobs in existing services cannot be taken if the deletions or processing of jobs offer to cancel appropriations for an amount equivalent to those required for the proposed creations.

S. 86 - in addition to its general powers, the municipal Council takes decisions in all areas of competence transferred to municipalities by law.


S. 87 - City Council deliberates on budgets and administrative accounts which are annually presented by the Mayor in accordance with title V of the first book of the present code.
He hears the Mayor's report, in debate and examines the accounts of the receiver except final rule to judge accounts.
It deliberates on the management stock accounts established by the Mayor at the latest at the end of the fourth month of the financial year following that to which they relate.

S. 88. - when the City Council deliberates outside its statutory meetings, the representative of the State takes all necessary measures for Assembly separates immediately.
Where City Council deliberates on a foreign skills object, publishes proclamations and addresses, emits political wishes threatening the territorial integrity and national unity or puts in communication with one or several municipal councils out of the cases provided by law, the acts adopted are considered as non-existent.
In the cases provided for in paragraph 2 above, the representative of the State takes a reasoned order forwards it to the Prosecutor of the Republic of the spring for the purposes of the criminal law.
Upon conviction, the members of the meeting are declared, by decision, excluded from the City Council, and, ineligible for the three years following the delivery.

S. 89. - the nullity of acts and proceedings taken in violation of the previous article is pronounced in the forms set out in title V of book 1 of the present code.

S. 90 - are null and void ipso jure the deliberations taken in violation of a law or the legislation in force.

S. 91 - are cancelable deliberations which took part of the members of the Council concerned, either on their own behalf or as agents, in case that is the subject.
Chapter III. -Organs of the common Section 1. -Training of the organs of the commune.

Article 92. -The City Council composed of Councillors and Councillors elected for five years by direct universal suffrage, in accordance with the electoral Code, is the legislative body of the municipality.
It elects, in its midst, the Mayor and one or more assistants. His office is composed of the Mayor and elected deputies.

The members of the bureau, because the responsibilities which they are entrusted, must read and write in the official language.
After the Mayor and assistants in the order of their election, Councillors shall take precedence in the order of the array.
The order of the array is determined: 1.-by oldest date for elections that have occurred since the last full renewal of the municipal Council;
2 - between Councillors elected on the same day by the priority of age.

MAYORS and DEPUTIES DESIGNATION - allowances art. 93 - the Mayor is the executive body of the municipality. He is assisted by the assistants in the order of their election.
The Mayor and assistants must obligatorily be taxpayers or reside in the municipality.
The number of assistants is the following:-municipalities of 1 000 to 2,500 inhabitants: 1;
-Commons from 2501 to 10,000 inhabitants: 2;
-municipalities with a population greater than 10,000 inhabitants, 1 Assistant more per additional 30,000 inhabitants without the number of assistants can exceed 10.

S. 94 - when an obstacle any or the remoteness makes it difficult, dangerous or momentarily impossible communications between the capital and a fraction of the commune, a special assistant position can be established by reasoned deliberation of the municipal Council.
This special assistant is elected among the advisers residing in this fraction of the commune and, failing or is prevented, among the inhabitants of this part of town. He served as an officer of civil status and may be responsible for the execution of the laws and police regulations in this fraction of the commune. It has no other responsibilities.

S. 95 - the municipal Council elects the Mayor and assistants among its members literate and in the official language.
The municipal Council is convened by the representative of the State within fifteen days following the date of the proclamation of the results.
The election of the Mayor and his deputies takes place by secret ballot and by an absolute majority.
If, after two rounds of voting, no candidate got an absolute majority, proceeded to a third round of balloting and election then takes place at the relative majority. In the event of equality of votes, the older is declared elected.

S. 96 - the meeting at which the election of the mayor shall be made is chaired by the oldest Member of the municipal Council, the secretariat was provided by the youngest.
For any election of the mayor or the deputies, members of the municipal Council are convened to the diligence of the representative of the State. The notice contains the special mention of the election to be conducted.

S. 97 - elections are made public at the latest 24 hours after the proclamation of the results, by means of poster on the door of the Town Hall. They are, in the same period, notified to the representative of the State.

S. 98 - the Mayor and deputies are elected for the same duration as the City Council.
In official ceremonies and in the solemn circumstances of the exercise of their functions, the Mayor and assistants topics belt, a scarf in national colors, with acorns with Golden fringes for the Mayor and tassels with silver fringes for assistants.

S. 99. - the election of the Mayor and assistants may be infringing of invalidity under the conditions and forms prescribed in the electoral code for claims against the elections of the municipal Council. The request must be made within a period of five days which starts to run twenty four hours after the election.
When the election is cancelled or that for any other cause, the mayor or assistants have ceased their functions, the Board is convened for the replacement within the period of a month.
INELIGIBILITIES and INCOMPATIBILITIES art. 100 - cannot be mayors or assistants, or even temporarily exercise the functions:-the agents and employees of the financial administrations of the commune where they perform;
-the ambassadors in diplomatic functions and representations;
-the presidents of departmental Council.
ALLOWANCES art. 101 - the duties of Mayor, members of the bureau, to advise municipal, president and member of special delegation, give rise to the payment of compensation or reimbursement of the costs required for the implementation of the mandates entrusted to them.

S. 102 - municipal councils may vote on regular resources of the commune, allowances to mayors and deputies for hospitality. In case of dissolution, these allowances are allocated to the president and the Vice President of the special delegation.

S. 103 - a decree fixes the rules for granting so that rate maxima of the allowances and expenses referred to in articles 101 and 102 of the present code.

S. 104 - the burden of compensation for the damage resulting from an accident in the performance of the duties of mayors, deputies, President of special delegation, to the municipality.
Municipal councillors and members of the special delegation have the same guarantee when they are responsible for the execution of a special warrant.

S. 105 - mayors, deputies and the special delegation presidents are protected by the penal Code and the special laws against threats, insults, violence, insults or defamation which they may be subject in the exercise of their functions.
Municipal councillors and members of the delegation of special benefit from the same protection when they are responsible for the execution of a special warrant.

Section 2. -Functioning of the organs of the sub-section 1 commune. -Responsibilities and powers of the Mayor.

S. 106 - the Mayor is the representative of the local community. As such, he is responsible, under the control of the municipal Council: 1. retain, maintain and administer the properties and assets of the municipality and do, as a result, all Conservatory acts of his rights;
2. to manage revenues, to monitor the municipal services and municipal accounts;
3. prepare and propose the budget, to schedule the expenditure and to prescribe the implementation of revenue;
4. to lead the communal work;
5. to ensure the performance development programmes funded by the municipality or made with his participation;
6. to provide for measures relating to municipal roads;
7. to purchase markets, pass property leases and auctions of communal work according to the rules established by laws and regulations;
8. to pass, according to the same rules, acts of sale, Exchange, sharing, acceptance of gifts or legacies, acquisition, transaction, when these acts are approved by the municipal Council;
9. to represent the municipality in justice;

10. to take all necessary measures for the destruction of animals declared harmful by laws and regulations, absence of the owners or holders of the right to hunt previously warned and possibly require residents with weapons and dogs to the hunting of these animals, to monitor and enforce measures above and take minutes;
11. to ensure the protection of the environment, therefore taking measures, on the one hand, to prevent or eliminate pollution and nuisances, secondly, to ensure the protection of green spaces and, finally, to contribute to the beautification of the town;
12. to appoint municipal employment;

13. to provide assistance to places of worship;
14 and, more generally, to execute the decisions of the municipal Council.
The mayor or his delegate represents the municipal administration in all boards, commissions and agencies in which its representation is provided for by the laws and regulations in force.

S. 107 - in his constituency, the Mayor is the representative of executive power over the population. As such, it is responsible under the authority of the representative of the State: 1. the publication and execution of the laws, regulations and decisions of the Executive Branch;
2. for the implementation of the General security measures;
3 special functions assigned to it by the laws and regulations.

S. 108 - the Mayor is the civil status officer.
In accordance with the provisions of the family code and article 110 of the present code, it may under its supervision and responsibility, delegate its powers to an Assistant or in the absence or incapacity of assistants, a member of the municipal Council or one or more older communal agents of at least twenty-one years.

The delegation order is transmitted to the representative of the State, to the municipal receiver, to the president of the District Court and the public prosecutor at the regional court in the jurisdiction of which is located the common woman.
The officer of the civil State delegate for the receipt of statements of births and deaths, celebration or recognition of marriages, the drafting of acts, the retention of records and issuing all copies, extracts and bulletins of acts of civil status regardless of the nature of the vital events validly exercised this function, such as provided by this article.

The Minister in charge of local communities can create order and, where appropriate, on a proposal from the Mayor of secondary centres of civil status in the municipalities. These centers are linked to the main centre.
Officer of civil status are carried out by any person designated by the Mayor following a favourable opinion of the representative of the State.
Duplicate orders of the secondary centres and designation of officers of the civil State orders are forwarded to the president of the District Court and the Prosecutor of the Republic at the regional court in whose jurisdiction is located the common woman.
Officer of civil status in main and secondary centres give right to the payment of compensation arrangements for allotment and rates shall be determined by Decree.

S. 109 - the Mayor, the Deputy or the specifically delegated Advisor is required to legalize any signature in his presence by one of his constituents known to him, or accompanied by two known witnesses, and at the request of the signer any signature complies with the signature type filed by the person concerned in a special register kept at the Town Hall.
The affixing of fingerprints is unlikely legalization. However, the mayor or his delegate may certify that it takes place in his presence.
Handwritten signatures given by municipal judges in the exercise of their administrative functions are worth in all circumstances, without be legalized if they are accompanied by the seal of the State with the tone of the Town Hall.

S. 110 - the Mayor may, under its supervision and responsibility, by order delegate part of its powers to one or more of his deputies and, in the absence or impediment of his deputies, members of the municipal Council.
These delegations remain as long as they are not reported. However, they shall cease without be specifically reported when the Mayor of which they emanate is deceased, suspended, revoked or declared who has resigned.
The Mayor is responsible for the implementation in his commune of development economic and social policy defined by the Government.

S. 111 - the Mayor is assisted by his deputies forming with him the municipal office.
The municipal office gives its opinion whenever this notice is required by laws and regulations or requested by the representative of the State.

The office is responsible, inter alia:-the establishment of the agenda of the meetings of the Council;
-Administrative and technical services in the design and implementation assistance implementing actions of development and more specifically as regards the actions of popular participation;
-to monitor the return of taxes, fees and municipal rights, take or propose measures to improve recovery;
-for the determination of operating performance of communal work, including tacherons, human investments, companies, governed.

S. 112 - the clerk is appointed by the Mayor, after the Advisory opinion of the representative of the State, among the agents and officials of the hierarchy or (b) of the public service, or equivalent level, in conditions laid down by Decree.
He attends the meetings of the bureau in an advisory.
The Mayor puts an end to its functions in the same forms.

S. 113 - where the specific interests of the Mayor are in conflict with those of the municipality, City Council appoints another of its members to represent the commune, in contracts either justice.

S. 114 - the mayor or his Deputy, if the representative of the State, provides emergency to ensure that any deceased person is buried and buried decently, without distinction of religion or belief.

S. 115 - the Mayor takes orders for the purpose: 1. to order local measures on the objects entrusted by laws to his vigilance and his authority;
2. republish the laws and police regulations and remind residents to their observation.
The Mayor is required to ensure compliance with the requirements of police which it lays down.

S. 116 - the decisions and orders are immediately sent to the representative of the State that ensures the control under the conditions laid down in title V of book 1 of the present code.

S. 117 - the decisions and orders of the Mayor are enforceable only after have been brought to the knowledge of the persons concerned, by way of publication and display, whenever they contain general provisions and, in other cases, by way of individual notification.
The publication shall be established by a declaration certified by the Mayor.

The notification is established by the receipt of the interested party or, failing that, by the original of the notification kept in the archives of the Town Hall.
Acts of the Mayor are recorded at their date in a special register kept at the Town Hall. It is made deposit to the prefecture.

MUNICIPAL POLICE s. 118 - the Mayor is responsible, under the supervision of the representative of the State, municipal police and the execution of the acts of the State that are related.
The creation of a municipal police service is authorized by decree that establishes the responsibilities, ways and rules of operation.

S. 119 - the municipal police has, subject to the provisions of article 123 of this code, to ensure good order, safety, peace, security and public safety.
Its tasks include: 1. the safety and convenience of the passage in the streets, docks, places and highways, which includes cleaning, lighting, removal of congestion, the demolition or repair of buildings threatening ruin, ban nothing expose to windows or other parts of buildings which can cause damage or harmful fumes. Modalities of implementation related to the cleanup and safety in local communities of the administrative district region with the capital are determined, as necessary, by the specific provisions laid down by Decree;
2. the mode of transportation of deceased persons, burials and exhumations, the maintenance of good order and decency in cemeteries, without be permitted to establish distinctions and special requirements for the circumstances that have accompanied the death;
3 on the loyalty of the flow of foodstuffs that sell weight or measurement, and inspection on safety of edible foodstuffs exposed for sale;
4. the prevention, by suitable precautions, and surgery, the distribution of necessary relief, accidents and disastrous scourges, such as fire, flood or any other natural accidents, epidermal or contagious, disease Epizootics, the implementation of emergency measures in security matters, assistance and relief and if applicable, the use of the intervention of the representative of the State in which it is rendered account of measures prescribed.
5. the necessary measures against the insane that may undermine public morals, the safety of persons or the conservation of the properties;

6. the intervention to prevent or remedy the unfortunate events that could be caused by straying animals whatever they may be.
Missions of the commune listed in points 1 and 2 above are, if necessary, exercised by the Mayor of the city.

S. 120. – powers entrusted to the Mayor in the event of serious danger or imminent referred Article 119 of this code shall not preclude the right of the representative of the State, in the Department where the municipality, take all safety measures required by the circumstances.

S. 121 - Mayor exercises police roads inside settlements, but only as regards traffic on such routes.

It may, upon payment of fees established by a duly established rate, give permits parking or temporary storage on public roads, rivers, ports and river wharves and other public places, subject that this allocation can take place without interfering with the public highway, navigation and traffic.

It grants permissions highways, precarious and essentially revocable basis on public roads in the manner specified by laws and regulations. These permissions are intended, inter alia, the establishment in the soil of the highway, pipelines for the passage or the conduct of water, gas, electricity or telephone.

S. 122 - the Mayor may prescribe owners Usufructuaries, farmers or other owners or operators to surround a sufficient fence wells and excavations presenting a danger to public safety, as well as the unhealthy land presenting a danger to public health.

S. 123 - the representatives of the State shall have the powers of: 1 - suppress crimes against peace, such as tumult excited in places of public Assembly, the crowding, noise and nocturnal gatherings which disturb the rest of the inhabitants and all acts likely to endanger the public peace.
2. keep good order in places where are large gatherings of men, such as fairs, markets, festivities and public ceremonies, shows, games, cafes, places of worship and other public places.

S. 124 - the powers that belong to the Mayor, under sections 118-122 of this code shall not preclude the right of the representative of the State take all measures relating to the maintenance of good order for all common district or for one or more of them, and in all cases where he did there would have not been filled by the municipal authorities, security, safety, security and public tranquillity.

This right may be exercised by the representative of the State with respect to a single municipality only after a formal notice to the Mayor remained without result.

S. 125. - any municipality may have several basic administrative unit heads appointed under conditions laid down by Decree.

S. 126 - mayors can appoint officers sworn in, loaded under the control of hygiene service, functions relating to the health police of the municipality art. 127 - municipal police, the municipal Council may issue wishes and opinion but is, under no circumstances entitled to issue directions to the Mayor.
SUBSTITUTION, substitution, CESSATION of functions of mayors and assistants art. 128 - where the Mayor refuses or neglects to do acts that him are prescribed by the Act or the regulations, the Minister in charge of local authorities seized by the representative of the State, after layout remains, can proceed ex officio.

S. 129. - when it comes to a measure of intercommunal interest, the Minister in charge of local authorities, seized by the representative of the State, can be substituted, in the same conditions, to the mayors of common concerned or to the Chairman of the Committee of the Group urban, if the action to be taken, by its object, within the remit of an urban group.

S. 130 - the notice referred to in sections 128 and 129 of this code shall be made in writing.
It must indicate the time mayors and the Chairmen of the committees concerned in response to the representative of the State.
If no response occurred at the expiration of the time limit, this silence amounts to a refusal.

S. 131 - the mayor or the Deputy who, for a cause after his election, no longer fulfils the conditions required to be Mayor or located in one of the cases of incompatibility or ineligibility provided for in article 100 of the present code shall cease its functions.
The Minister responsible for local government, seized by the representative of the State, the demands that immediately pass his duties to his substitute appointed in accordance with the provisions of article 136 of this code, without waiting for the installation of his successor. If the mayor or the Deputy refuses to resign, the Minister in charge of local authorities pronounced his suspension for a month. It is put an end to its functions by Decree.

S. 132 - the Mayor appointed to an office incompatible with its municipal mandate is required to make a declaration of option within a period of thirty days. After this period, it may be requested by the representative of the State to abandon one of its functions.
In case of refusal or fifteen days after this, the Mayor expressed resigned by Decree.

S. 133 - the resignation of mayors and Deputy are addressed to the Minister in charge of local authorities by registered letter with acknowledgement of receipt. They are final from their acceptance by the Minister in charge of local government or a month after sending a new letter.
Until their successors, resigning deputies and mayors continue to exercise their functions with the exception of those laid down in the provisions of articles 99, 121, 135 and 136 of this code.
However, in case of full renewal, the functions of Mayor and assistants are, from the installation of the new Board until the election of the Mayor and his deputies carried out by municipal councillors in the order of the array.

S. 134 - the provisions of the penal code are applicable to any mayor who deliberately gave his resignation, which the object would be to prevent or suspend either the administration of justice or the performance of a service any.

S. 135. - when the mayor or any other Councillor was sentenced for the crime, its revocation is right.
Mayors and Deputy, after having been heard or invited to provide explanations written on the facts which they are accused, may be suspended by an order of the Minister in charge of local authorities for a time not exceeding one month and which can be worn in three months by Decree.
They may be removed only by Decree.
The order of suspension and the removal order must be motivated.

S. 136 - revocation shall, ipso jure, the loss of the mandate to advise municipal and ineligibility for Adviser until the end of the mandate, from the date of the removal order, unless previously made to the general renewal of the municipal councils.

S. 137 - death, accepted resignation, revocation, suspension, absence or any other cause duly noted by the bureau, and subject to the provisions of article 138, paragraph 2 of the present code, the Mayor is temporarily replaced by an Assistant in the order of the election and, in the absence of Deputy, by a municipal councillor in the order of the array.
In the latter case, the municipal Council may, within eight days, designate one of its members to ensure back-up.

S. 138 - when mayor resigns, dies, is revoked or suspended, his replacement has the fullness of its functions.
In the case of absence or incapacity, his replacement is only responsible for the liquidation of current affairs. It cannot substitute for the Mayor in the general direction of the Affairs of the municipality or modify decisions.

S. 139 - in times of war, the Mayor and the Councillors individually may be, for reasons of public order or general interest, suspended by Decree until the cessation of hostilities. The members of the Council thus suspended are not digitally replaced for the normal duration of the mandate of the Assembly.
However, if this should reduce by a quarter at least the number of the members of the Council, a special delegation is composed in accordance with the provisions of article 162 of this code.

S. 140 - although the list is exhaustive, the following faults can result in the application of the provisions of article 135 of this code: 1. is expected and punished by the law establishing the Court of Auditors;
2. use of the public funds of the municipality for personal or private;
3 money loans made on the revenues of the municipality;
4 faux authentic public write referred to in the penal Code;
5. false clerk in certain administrative documents in the roadmaps and certificates referred to in the penal Code;
6 concussion;
7 speculation about the allocation of public land, permits to build or subdivide;
8. refusal to sign or to convey to the representative of the State a deliberation of the municipal Council.
In the first seven cases, the administrative penalty shall not preclude prosecution.

S. 141 - where the Mayor, the president or members of special delegation have committed one of the irregularities under the Act establishing the Court of Auditors, they are liable to prosecution in this Court.

S. 142 - Mayor, president or members of the special delegation who improperly interfered in the payment of communal funds are treated for accounting of fact and, as such, may be brought before the competent courts.

Sub-section 2. -Functioning of the municipal Council art. 143 - the municipal Council headquarters in the Town Hall. However, the Mayor may decide to convene it in annexes to the City Hall premises, whenever justified in the agenda.

S. 144 - the municipal Council meets in ordinary session once per quarter.
The duration of each session may not exceed fifteen days, except the budget session that can last 30 days.

During ordinary sessions, the municipal Council may deal with all matters falling within its remit.

S. 145 - the representative of the State can ask the Mayor to bring together City Council in special session. The Mayor may also bring together City Council in special session whenever it deems appropriate. It is required to the call when a reasoned application therefor is filed by a majority of the members of the municipal Council.
The summons specifies a specific agenda and the Council cannot treat other cases.

S. 146. - any call is made by the Mayor. It is mentioned in the register of deliberations, displayed at the door of the Town Hall and addressed in writing and at home, three clear days at least before the meeting. In an emergency, this period is reduced to 24 hours.
It contains the agenda of the meeting of the City Council.

S. 147. - the municipal Council cannot sit when the majority of its members attend the session.
When, after a regularly made convening, quorum is not reached, any deliberation passed after the second notice of three days at least of interval is valid if the quarter unless the Council is present.
In case of general mobilization, the municipal Council shall validly deliberate after a single convocation when the majority of its members not mobilized were present at the meeting.

S. 148 - prevented Councillor can give to a colleague of choice legalized written proxy to vote in his name. A Councillor may be carrying only a single power of attorney which is always revocable. Except in cases of duly established disease, it can be valid for more than three consecutive sessions.

The meetings of the municipal Council are public unless the Council decides otherwise by an absolute majority of the members present or represented.
The vote takes place in the public vote. The deliberations of the Council shall be taken by a simple majority. In the event of equality of votes, the president is dominating. The first and last names of the voters, with the indication of their vote, are inserted in the minutes.

However, the vote is secret at the request of one third of the members present, or when it comes to make an appointment or a representation.
In these cases, after two rounds of secret voting, if none of the candidates obtained the absolute majority, proceeded to a third round of balloting, and elections held relative majority. A tie vote, the election is acquired to the older.

S. 149. - the mayor or the one who replaces it presides over the City Council.
In sessions where administrative accounts of the Mayor are debated, the municipal Council elects president.
In this case, the Mayor can, even if it is no longer in service, attend the discussion but he must withdraw at the time of the vote.
The president directly addressed the deliberation to the representative of the State.

S. 150. - at the beginning of each session and for its duration, the municipal Council appoints one or more of its members to perform the duties of Secretary.
It may secure them auxiliaries taken outside its members among city staff. The auxiliaries were present at the meetings, but do not participate in the deliberations.

The presence of the representative of the State, or his duly authorized delegate, is right. It is understood whenever he asks, but cannot vote, nor presiding over City Council. His statements are brought to the minutes of the proceedings.
The Council may, if it considers it necessary, request the representative of the State to hear officials or agents of the State or public authorities. It can also hear any other person.

S. 151 - the meetings of the municipal Council are public. At the request of the mayor or one-third of the members, the City Council, without debate decides if it deliberates behind closed doors.
The camera is right when the municipal Council is required to give its opinion on the individual measures and the following materials:-school relief;
-free medical assistance;
-assistance to the elderly, families, indigent and claims;
-assistance in places of worship;
-treatment of the matters referred to in section 157 below.

S. 152 - the presiding officer has only the police of the Assembly.
Rules determine the implementing rules.

S. 153 - contempt and insult committed against the mayor or the presiding officer in the exercise of their duties are liable to the penalties provided for in the penal Code.

S. 154 - the record of the meeting is, in the eight displayed by extracts at the door of the Town Hall.
The display of the report of certification is made by Mayor and mentioned in the register of the proceedings.
The deliberations are listed in order of date on a register side and initialled by the representative of the State.
They are signed by all the members present at the meeting, or mention the cause which has prevented them from signing.

S. 155. - any inhabitant or taxpayer has the right, at its own expense, to request communication without moving, take total or partial copy of the minutes of the municipal Council of budgets and accounts of the municipality, municipal bylaws.
Everyone can publish them under his responsibility.

S. 156 - the municipal Council may not delegate its powers. However, it may form during the first annual meeting of commissions for the study of the issues falling within its remit.
These committees may meet during and in between sessions. Participation in these committees is free.
The commissions are convened by the Mayor, within eight days following their constitution or, more promptly, at the request of the majority of the members which compose them. In this first meeting, the committees designate, each, a Chairman and a Vice-Chairman. The Chairman shall convene and chair the meetings of the commission. If absent, he is deputized by the vice-president.

The Chairman or his substitute may appeal any person whose competence can inform the work of the commission.
Chapter IV. -Resignation - Suspension - Dissolution of the City Council Arts. 157 - any member of the duly convened municipal Council who, without legitimate reasons failed in three successive sessions, may, after being invited to provide his explanations, be declared resigning by the Mayor after the opinion of the municipal Council. The decision, which copy must be sent to the person concerned and the representative of the State, is subject to appeal, within two months of notification, before the competent court.

S. 158 - employers are required to leave to employees of their company or service, members of a municipal Council, the time needed to participate in the plenary meetings of this Council or commissions that depend on.
The suspension of work under this section may be a cause of rupture of the contract of services, under penalty of damages and interests for the benefit of the employee by the employer.

S. 159. - any member of the municipal Council who, without reasonable excuse, refused to fill one of the functions conferred by the laws and regulations can be reported resigning the Minister local communities after the opinion of the municipal Council. Refusal results either a written statement addressed to the right or made public by its author, or persistent forbearance after formal notice of the Minister in charge of local communities.
The decision is subject to appeal within two months of notification before the competent court.

S. 160. - voluntary resignations are addressed by registered letter to the Mayor with a copy to the representative of the State, they are definitive from the acknowledgement by the mayor or one month after a new shipment of the resignation by registered letter.

S. 161 - where the functioning of the municipal Council are permanently impossible, its dissolution may be imposed by decree after the opinion of the supreme court.
The dissolution may be made by way of a general measure.

S. 162 - in times of war, the municipal Council may be, for reasons of public order or general interest, suspended by Decree, until the cessation of hostilities.
The order is a special delegation empowered to make the same decisions as the City Council.

S. 163. - in case of dissolution of a municipal Council or resignation of all its members in office and when a municipal Council cannot be made, a special delegation performs the functions.
Within eight days following the dissolution or the acceptance of the resignation, this special delegation is appointed by order of the Minister in charge local communities that means the president and the two vice-presidents.
The number of members composing is fixed at three in the municipalities where the population does not exceed 50,000 inhabitants. This number can be increased to seven in the municipalities of a greater population.
The delegation has the same powers as the Council.
However, it cannot: 1. dispose of or Exchange communal properties;
2. increase the budgetary strength;
3. create public services;
4 vote borrowing;
5 assign and unassign the national lands, with the exception of those intended for the projects and programs of investments validated by the relevant Minister.

S. 164. - in the event of mobilization, when City Council elections are postponed, the special delegation is empowered to make the same decisions as the City Council.

Every time that the City Council was dissolved, or that, by application of article previous, a special delegation has been appointed, it is method for the re-election of the City Council within six months from the date of the dissolution or the last resignation.
The time limit referred to in paragraph 2 of the present article, may be extended for one, two or at most three periods of six months by a motivated decree.

S. 165 - the functions of the special delegation expire automatically as soon as the City Council is reconstituted.

S. 166 - in the cases provided for and regulated by article 163 of this code, the president fills Mayor and the vice-presidents those assistants to the Mayor.
Their powers shall cease upon installation of the new municipal Council.
Chapter V. - provisions relating to the city - a city can be established by Decree, to pool expertise of several communes which have a territorial homogeneity.

This Decree determines the name of the city, situated in the capital and establishes the boundaries that are those of the constituent municipalities.
The powers of the city, its financial resources and its relationship with the municipalities that constitute are determined by this chapter.
The town has the status of municipality.
Section 1. -Training of the organs of the city art. 168 - the City Council is the legislative body of the city.
It is composed of consultants, designated advisors, for five years in accordance with the electoral Code.
The City Council elected in her womb, the Mayor and assistants. His office is composed of the Mayor and assistants.
The members of the bureau, because the responsibilities which they are entrusted, must read and write in the official language.
After the Mayor and assistants in the order of their election, the City Councillors shall take precedence in the order of the array.
The order of the array is determined: 1 - by oldest date for elections that have occurred since the last full renewal of the Council of the City 2. -between Councillors elected on the same day by the priority of age.
To determine the number of assistants, application is made under article 93 of this code.

However, the number of assistants to the Mayor of a city cannot be greater than five.
The election of the Mayor of the city following the general renewal of the Council of the city takes place eight days after that of the mayors of the municipalities in the city.
Mayor of city and Mayor of municipality are incompatible.

Section 2. -Skills of the art city. -169. - the city receives skills in the following areas: 1. the plan general of land, development, subdivision, equipment perimeters allocated to housing;
2. the acceptance or refusal of gifts and bequests;
3. the budget of the city, the additional appropriations as well as all amendments to the budget;
4. the projects of the city and the participation of the city to their financing;
5. the human investment projects;

6. the acquisitions real estate and securities, projects, plans, specifications and contracts for new construction, reconstruction, major repairs or any other investments, concurrently with the Commons;
7. the classification, reclassification, the opening, recovery, alignment, extension, enlargement or the deletion of channels and public places as well as the establishment, improvement, maintenance of tracks and paths not classified;
8. the creation, decommissioning or expansion of cemeteries listed by Decree;
9. the fight against fires;
10. the extension of public lighting network;
11 any other jurisdiction decided by the municipalities in the city.

S. 170. - the following competences are transferred to the city:-waste management and the fight against unsafe;
-the management and maintenance of level 1 hospitals;
-participation in universal health coverage;
-participation in the Organization of sports competitions;
-the monitoring and conservation of sites and monuments;
-the promotion and enhancement of sites and monuments;
-the promotion of national and local culture;
-The allocation and the distribution of scholarships and school aid;
-the promotion of the national languages and oral tradition;
-the development of the master plan of Urbanism (PDU), the master plan of land use and urban planning (SDAU), urbanism of detail of areas of development plans, urban renewal and consolidation;
-the preparation and implementation of the plan of development of the city (POS);
-the implementation of the plan contract with the State for the implementation of development projects.

S. 171 - the Mayor of the city is the representative of the local community. As such, he is responsible, under the control of the City Council: 1. retain, maintain and administer the properties and assets of the city and do, as a result, all Conservatory acts of his rights;
2. to manage revenues, monitor services and accounting of the city;

3. prepare and propose the budget, to schedule the expenditure and to prescribe the implementation of revenue;
4. to direct the work of the city;
5. to ensure the performance development programmes funded by the city or made with his participation;
6. to provide for measures relating to the roads of the city;
7. to purchase markets, pass property leases and contracting of the work of the city according to the rules established by laws and regulations;
8. to pass, according to the same rules, acts of sale, Exchange, sharing, acceptance of gifts or legacies, acquisition, transaction, when these acts have been authorized by the City Council;
9. to represent the city in justice;
10. to ensure the protection of the environment, therefore taking measures, on the one hand, to prevent or eliminate pollution and nuisances, secondly, to ensure the protection of green spaces and, finally, to contribute to the beautification of the city.
11. to appoint to jobs in the city;
12. to provide assistance to places of worship;
13 and, generally, for carrying out decisions of the Council of the city.
The Mayor of the city or its delegate represents the city administration in all boards, commissions and agencies in which its representation is provided for by the laws and regulations in force.

S. 172 - the Mayor of the city can, under its supervision and responsibility, by order delegate part of its powers to one or more of his deputies and, in the absence or impediment of his deputies, members of the City Council.

These delegations remain as long as they are not reported. However, they shall cease without be specifically reported when the Mayor of the city from which they emanate is deceased, suspended, revoked or declared who has resigned.
The Mayor is responsible for the implementation in his hometown of development economic and social policy defined by the Government.

S. 173 - the Mayor is assisted by his deputies forming with him the office of the city.
The office of the City give its opinion whenever this notice is required by laws and regulations or requested by the representative of the State.
The town office is responsible in particular:-the establishment of the agenda of the meetings of the Council;

-Administrative and technical services in the design and implementation assistance implementing actions of development and more specifically as regards the actions of popular participation;
-to monitor the return of taxes, fees and charges of the city, to take or to propose measures to improve recovery;
-for the determination of the mode of execution of the work of the city, including tacherons, human investments, companies, governed.

S. 174 - the Secretary general of the city is appointed by the Mayor, after the Advisory opinion of the representative of the State, among the agents and officials of the public service A hierarchy, or of an equivalent level, under conditions laid down by Decree.
He attends the meetings of the bureau in an advisory.
The Mayor puts an end to its functions in the same forms.

S. 175 - where the specific interests of the Mayor are in conflict with those of the city, the Council shall appoint another of its members to represent the city, either justice or in contracts.

S. 176 - the Mayor of the town or his Deputy, if the representative of the State, provides emergency to ensure that any deceased person is buried and buried decently, without distinction of religion or belief.

S. 177 - the Mayor of the city takes orders for the purpose: 1. to order measures on the objects entrusted by laws to his vigilance and his authority;
2. republish the laws and police regulations and remind residents to their observation.
The Mayor of the city is required to ensure compliance with the requirements of police which it lays down.

S. 178 - decisions and orders are immediately sent to the representative of the State that ensures the control under the conditions laid down in title V of book 1 of the present code.

Article - 179 the decisions and orders of the Mayor of the city are enforceable only after have been brought to the knowledge of the persons concerned, by way of publication and display, whenever they contain general provisions and, in other cases, by way of individual notification.
The publication shall be established by a declaration certified by the Mayor of the city.

The notification is established by the receipt of the interested party or, failing that, by the original of the notification kept in the archives of the siege of the city.

The actions taken by the Mayor of the city are recorded at their date in a special register kept for the siege of the city. It is made deposit to the prefecture.

S. 180. - the Mayor of the city exercises police roads inside settlements, but only as regards traffic on such routes.

Section 3. -Finance of the city: paragraph 1. -General provisions i. - Budget of the art city. 181 - the city budget for a fiscal year all revenue and expenditure of the city without contraction between one and the other.

S. 182 - the budget of the city is presented under the conditions which are determined by the decrees on public accounting.
II. - Vote and regulation s. 183 - the budget of each city is proposed by the Mayor, voted by the City Council and approved by the representative of the State.

S. 184 - in all regards detailed rules for the approval of the budget of the city, annexed budgets of public services to industrial or commercial character or the public institutions of the city shall apply the provisions of this code.
Paragraph 2. -Recipes article 185.-the city operating revenues are as follows: 1. tax revenues: has) direct taxes following products collected on the territory of the town:-the contribution of the patent and the supplementary tax y;
-the land contribution on the built-up properties.
However, the revenues referred to above has) are collected by the municipality if the debtors operate in infrastructure and commercial equipment.
The modalities of assessment and collection of these taxes as well as their rates are determined by the law.
b) products the surcharges to the contribution of the patent received by the city.
The absence of any new proposal is continuation of the fixed maximum the previous year.
Pennies referred to in paragraph (b) above of this article shall be collected on the same roles as those of the contribution to which they apply.

To ensure the cash of the cities, state their consent at the beginning of each of the first two quarters of the fiscal year, an advance equal to 25% of recoveries effected during the last management known as direct taxes listed in paragraph 1 of this article.
(c) removal of household waste tax products).
d) commodity taxes on distributions of gasoline, diesel or other fuels.
These direct and indirect taxes which the terms attitude and perception as well as maximum rates are determined by law, are created by deliberation of the Council of the city under the conditions laid down in title V of book 1 of the present code.
2. revenues from the city's heritage products exploitation of the area and the city services include: has) private estate income:-rental of buildings or lands of the city;
--deductions of housing and furnishings;
-rental of the souks, lodges or stalls of butchers, restaurants, eateries and canteens.
b) revenues from the public domain:-products of the lands allocated for burials;
-products of the concessions in the cemeteries.
c) miscellaneous income, including:-60% of the proceeds of fines imposed by the correctional courts or simple police for contraventions and crimes committed on the territory of the city;
-products of the city services;
-reimbursement of the costs of hospitalization of personnel;
-products of the expeditions of administrative acts;
-right of residence of coffin in the repository;
-products of rates for the elevation of monument at the cemetery and funeral directors.
3. the contributions of the decentralization Endowment Fund;
4. the contributions of the Commons to the budget of the city;
5. all other resources which perception is authorized by the laws and regulations.

Section 4. -Relations between the city and the Commons article 186 - the Mayor of the city combines the Mayor of the commune to the study of the General conditions of implementation and execution of the projects of infrastructure and equipment provided, in whole or in part, within the limits of the municipality.
The Mayor of the municipality be accountable at the nearest meeting of the municipal Council.
The Mayor of the municipality must also inform the Mayor of the city of the investments undertaken within the competence of the commune.

S. 187 - all which is not contrary to the present chapter, the joint provisions of this code shall apply to the city.
TITLE IV. -LOCAL ADMINISTRATION and local first chapter SERVICES. -Budget of local art. 188 - each local community budget provides for a financial year all revenue and expenditure of the local community without contraction between one and the other.

S. 189 - the budget is presented in the conditions which are determined by the decrees on public accounting.
Section 1. -Vote and regulation s. 190 - local fiscal year begins on 1 January and ends on 31 December.

S. 191 - the budget is proposed by the executive body of the local community, voted by the Council and approved by the representative of the State in accordance with title V of book 1 of the present code.

S. 192. - industrial or commercial public services budgets are voted by the local community Council and approved in the same conditions as its general budget.
Section 2. -Operating revenues from Article 193.-ordinary local revenue come from the proceeds of tax receipts, the exploitation of the area and local services, rebates granted by the State or of other public authorities on the amount of duties and taxes recovered for their benefit, and the annual endowment of decentralization distribution.

Sub-section 1. -Operating revenues Department Article 194 - the Department operating revenues come from resources that brings him the State in the annual allocation of the Endowment Fund of decentralization, as well as royalties from the field, products of the exploitation of its heritage and the fees for services rendered.
All other operating revenue is created by the Act.
Sub-section 2. -common Arts operating revenues 195.-revenues from operation of the municipality are the following: 6. tax revenue which include: has) direct taxes following products collected on the territory of the commune:-tax and tax representative tax minimum tax minimum tax;
-the contribution of the patent and the supplementary tax y;
-the land tax on the properties built;
-the land tax on properties not built;
-the land surcharge on properties inadequately built;
-the contribution of the licences;
The modalities of assessment and collection of these taxes as well as their rates are determined by the law.
(e) products of surcharges to the tax minimum tax and the tax minimum tax representative tax;
-to the contribution of the patent;
-rights of licences, collected on the territory of the commune, depending on the number of cents created by deliberation of the municipal Council in the limit of the maximum allowed by the law.
The absence of any new proposal is continuation of the fixed maximum the previous year.
Pennies referred to in paragraph (b) above of this article shall be collected on the same roles as those of the contribution to which they apply.
To ensure the cash of Commons, state their consent at the beginning of each of the first two quarters of the fiscal year, an advance equal to 25% of recoveries effected during the last management known as direct taxes listed in paragraph 1 of this article.
(f) products of the following direct municipal taxes - tax on the value of the premises for the exercise of a profession;
-removal of household waste tax;
-scanning fee;
-discharge to the sewer fee;
-licences borne by traders of drinks in addition to the licence fee;
-tax on sewing machines for professional use.
g) indirect local taxes following products:-tax on electricity consumption;
-water tax;
-tax on advertising using either panels - advertisements, posters, or illuminated signs;
-tax settlements of night;
-slaughter tax;
-visit fee and punching of meat;
-fee health visit of oysters and mussels;
-tax paid entries;
-live entertainment, games and entertainment tax;
-trimmed premises tax;
-tax on distributions of gasoline, diesel or other fuels.
These direct and indirect taxes which the terms attitude and perception as well as maximum rates are determined by law, are created by deliberation of the municipal Council in accordance with title V of book 1 of the present code.
7. revenues for municipal heritage products of the exploitation of the area and communal services include: a) revenues from private estate - rental of buildings or communal land;
--deductions of housing and furnishings;
-rental of the souks, lodges or stalls of butchers, restaurants, eateries and canteens.
b) revenues for the public domain

-products of seat fees in the exhibition halls, fairs, markets, slaughterhouses and Stockyards according to the duly established rates;
-products for rental on the public highway and parking permit;
-the rights of highways products;
-products of the lands allocated for burials;
-products of the concessions in the cemeteries;
-rights of impoundment;
-tax on the terraces of cafes, balconies and overhanging buildings;

(c) miscellaneous income, including - 60% of the proceeds of fines imposed by the correctional courts or simple police for contraventions and offences committed on the territory of the commune.
-products of communal services;
-reimbursement of the costs of hospitalization of personnel;
-products of the expeditions of administrative acts and acts of civil status;
-right of legalization;
-right of residence of coffin in the repository;
-products of the funeral and prices for the elevation of monument at the cemetery;
-disinfection and disinsectisation tax.
8. the rebates granted by the State include:-the share allocated to the Commons on the proceeds of the tax on the vehicles recovered by the State.
-Share in the Commons on the proceeds of the tax on real estate capital gains seen by the State;
9. the contributions of the decentralization Endowment Fund;
Generally, all resources currently collected by the municipalities as well as those whose perception is authorized by the laws and regulations.
Section 3. -Income community investment local art. 196 - capital revenues include: 1. accidental or temporary income and including - donations and bequests with loads of investment;
-the aid Fund, - loan fund;
-the proceeds from the sale of property, the disposition or exchange of immovable property;
-the proceeds from the sale of animals or equipment impounded and unclaimed within the prescribed time limits;
-the product of duly authorized extraordinary surcharges.
2. the appropriations allocated by the budget of the State or any other public body in the form of aid Fund for large-scale urban development and capital expenditure, following the specifications and plans of campaign deliberate by the Council of the local community.

3 withdrawals in favour of investment from the section in operation section.

S. 197 - the aid Fund of the State it will not is use by beneficiary local communities or in the year following that for which they have been granted, either within the time limits laid down in the award decision which cannot be less than one year, are cancelled and returned to the State.
It may be waived these requirements for the aid fund allocated for implementation of a programme of work that may extend over several years.

S. -198. -Local operator merchant equipment may impose charges on the use of these as well.
A fixes the maximum rates as well as the procedures for the collection of fees referred to in this article.
Section 4. -Advances article 199 - the State may make advances to local authorities that justify: - that their cash situation compromises the indispensable and urgent expenses regulation, - that this situation is not due to a lack of resources or a budget imbalance.
Section 5. -Expenses s. 200. - expenses include operating expenses and capital expenditures.
Operating expenses are permanent and allow the community to cope with the loads and common obligations.
Investment expenditure allow the realization of equipment, buildings and infrastructure, as well as the acquisition of materials relating to this work.

S. 201 - operating expenditures are mandatory or discretionary.
Mandatory expenditures are those that need be included in the budget - either because the law requires all local authorities or only to those who meet certain conditions;
-either because, while optional to the creation of certain public services or the establishment of development programmes, the Act is obligation for local authorities to include in their budget expenditure, since these services were created or that these programs were included in the development plan.

Compulsory expenditure must be subject to appropriations deemed sufficient by the representative of the State, under the conditions laid down in title V of the first book of this code, before that it is possible for the municipality to include optional expenses.

S. 202 - are required, under the conditions defined in the preceding article, the following expenses: 1. maintenance of the headquarters of the local community, excluding the lavish facilities, rental of building to take place, the maintenance of buildings and the properties of the local community;
2. the costs of office, library and printing for the service of the local community, preservation of archives, subscription fees and official journals conservation expenses;
3. the costs of records and printouts of civil status, the cost of establishment of the ten-year table of acts of civil status, supplies of booklets of family expenses and indemnities for officers of the civil status of secondary centres;
4. the cost of collection of local taxes and revenues for the local community;
5. wages and salaries of staff, to the exclusion of any personal contractual and daily, allowances including the award is authorized by the texts in force for employees remunerated on a different budget and responsible for local service;
6. pensions and annuities to load the local community when they were regularly awarded and approved;
7. the closing of cemeteries, their maintenance and their translation in the cases determined by order of the competent authority;
8. the costs of establishment and conservation of alignment and leveling plans;
9. the levies established by the laws on property and income of the local community;
10. the payment of the debts due and payable including the expenses incurred and mandated arrested jointly in the closing of management; by the authorising officer and the accounting officer of the local community, as well as interest on the debt and repayment of the debt into capital expenditures
11. the maintenance and cleaning of streets, paths to highways and public places in the territory of the local community and did not object to an order of ranking to the burden of the budget other than that of the local community;
12. expenditures for legally established local public services and those borne by local communities resulting from a regulatory act;

13. the costs incurred by the application of sections 128 and 129 of the present code providing for the execution office, in case of refusal or negligence on the part of the local authority, acts which are prescribed, 14. Expenditures for local disinfection and hygiene under the conditions determined by the legislation in force;
15. the royalty in respect of participation in the functioning of the national service of protection against fire, the rate and mode of distribution shall be determined by Decree;
16. the expenditure necessary for the realization of investment programmes or development actions deliberate by the Council and included in the development plan;
17. the participation in the financing of local projects proposed by the local community and adopted by the Standing Committee of coordination of small aid and local projects;
18. the discounts granted to village chiefs, delegates from district and charge local markets.

S. 203 - are mandatory spending induced by the transfer of powers from the State to local authorities under the conditions specified by the Act of transfer.

S. 204 - are optional all expenditure not falling within the mandatory categories which the nomenclature above is exhaustive.
An optional expense cannot be entered in the budget when it presents a character of local interest.

S. 205 - the local community Council may bring to the budget appropriation for unforeseen expenditure.
In the first session following the scheduling of each expenditure, the executive accountable to the Commission, with supporting documentation to support, the use of this credit. These parts remain annexed to deliberation.
This credit can be used only to meet urgent expenses for which no staffing is entered in the budget.

S. 206 - the debt liquidation, scheduling and payment could be made within the period of four years from the opening of the management to which they belong are, without prejudice to deadlines imposed by previous laws or granted by markets or conventions, prescribed and permanently extinguished for the benefit of local communities unless the delay is due to the fact of the administration or the existence of recourse to a court.
The prescribed period is five years for creditors domiciled outside the national territory.

Chapter II. -Accounting Section 1. -The local executive organ and the accountant accounting


S. 207 - the president of the departmental Council and the Mayor can only issue warrants. If after giving formal notice, they refuse to schedule an expense regularly authorized and liquidated, the representative of the State makes an order worth mandate, under the conditions laid down in title V of the present code.

S. 208 - all local revenues for which laws and regulations have not prescribed a special mode of recovery are carried out on the orders of recipe or repayment by the local executive body subject to the application of the provisions of article 128 of the present code.
The objections are considered in accordance with the provisions of the code of civil procedure relating to the tax procedure.
When outstanding debts are already observed by an enforceable title, such as a judgment, a contract, a lease, a declaration or any other enforceable title, the local executive body failed to establish the order of recipe or repayment and the continuation of the recipe is made under the same Act.
In this case, the local collector must be in possession of an expedition in the form of the title and he is authorized to request, if necessary, delivered to the original, on his receipt.

S. 209 - the president of the departmental Council and the Mayor are accounting of revenue and expenditure of the local community.
The administrative account for close management must be submitted to the Council which deliberates in.

S. 210. - revenue and expenditure of the local community are performed by an accountant, alone and under his responsibility:-continue the re-entry of all revenues of the local community and all sums owing to him;
-to pay the expenditure authorised by the local executive body, up to a maximum of funds regularly appropriated;
-to ensure the custody of funds and securities.
The public accountant is required to transmit to the local community its monthly accounting position and its annual management account.

S. 211 - budgets and accounts are deposited at the headquarters of the local community where they are available to the public.

S. 212 - without prejudice to the application of the provisions of the penal Code, any person other than the recipient Department or municipality which, without legal authorization, interfering in the handling of the funds of the local community, is by this alone made, constituted de facto accountant. It can, moreover, be prosecuted under the provisions of the criminal code, as is being interfered Untitled public functions.

S. 213 - managements of fact relating to the accounts of local authorities are referred to the Court of Auditors and judged. In this case, the accountant accounts, starting from the beginning of de facto management, are transmitted ex officio to the Court accounts.
Section 2. -Accounting of contents s. 214 - in each local community, the executive body holds stock accounts in the conditions laid down by the legislation in force.

S. 215 - the local community Council deliberates on the property management and real estate transactions carried out by the local community.

S. 216 - leases, negotiated agreements and conventions any aimed at taking rental for a period exceeding eighteen years as acquisitions of real property or real rights shall be concluded in the forms laid down by the regulations in force.

S. 217 - pay the price for real estate acquisitions made by local communities under the conditions laid down by the rules in force for analogous operations carried out by the State.

S. 218 - the sale of property belonging to local authorities is subject to the same rules as those of the property belonging to the State.

S. 219 - local communities may be owners of annuities, through employment, the purchase of securities, proceeds from reimbursements made by individuals, of alienation, of indemnities, of trade, of bequests and donations.
The investment in annuities operates under a deliberation of the Council of the local community.
Available funds are paid to the general Treasurer, who must make the purchase of annuities and defer the registration or actions to the local receiver responsible for their conservation.
Local authorities can also be carried out by the Treasurer-general or local recipients to the purchase of bonds that would be issued by the Treasurer or other local communities.
The inscriptions of annuities owned by local communities are considered to be buildings.

Chapter III. -Donations and bequests s. 220 - the deliberations of the Council of the local community relating to the acceptance of gifts and bequests, when there are charges or conditions, are binding only after obtaining the assent of the Minister in charge of local government and the Minister of finance.
If there is claim of the claimants to the estate, regardless of the proportion and nature of the donation or bequest, permission cannot be granted by Decree.

S. 221 - the local executive body can still, as a precaution, accept gifts or legacies and form prior to authorization requests for grant.
The decree referred to in paragraph 2 of the preceding article or the deliberation of the Council which takes place later, takes effect from the day of acceptance.
The acceptance must be made without delay and as much as possible in the same Act which constitutes the donation. Otherwise, it takes place via a separate document, also authentic, and shall be notified to the donor in accordance with the provisions of the Code of civil and commercial Obligations.

S. 222 - local authorities and their groupings freely accept donations or legacies that they are made without charge, conditions, including real estate assignment.
In all cases where donations and bequests give rise to claims of the families, the authorization to accept is given by Decree.

S. 223 - in cases where the product of liberality no longer allows for these loads, a decree, taken after the supreme court's opinion, may allow the local community to assign this product to another object consistent with the intentions of the donor or testator.
Otherwise, the heirs may claim the refund of liberality.
Chapter IV. -Assets and undivided rights between several local art. 224 - when several local communities own property or undivided rights, a decree establishes, if one of them demands, a commission composed of representatives of the Councils of the local communities concerned.
Each of the councils elected in his breast, by secret ballot, the delegates number fixed by the Decree of creation.
The commission is chaired by a trustee elected by delegates among them. A new commission is established after each renewal of the relevant advice.

The deliberations are subject to all the rules established for the deliberations of the Council of local authorities.

S. 225. - powers of the commission and its president include the administration of undivided rights and property and the performance of the work relating thereto.
These allocations are the same as those of the Councils of local communities and their executive bodies in such matters.
Sales, exchanges, shares, acquisitions and transactions remain reserved for tips that can authorize the president of the commission to pass acts that are related.

S. 226 - the distribution of spending passed by the commission is made between local communities interested in their Council.
In case of disagreement between the councils concerned of the same Department, the representative of the competent State there does. If councils belong to different departments, it is held by order of the Ministry of local government.
The share of spending definitely assigned to each local community is brought ex officio to the respective budgets, in accordance with title V of book 1 of this code.
Chapter V. - Work of communities local art. 227 - any new construction or reconstruction on behalf of the local community can be made only on the production of plans and specifications made available by the local community Council.

S. 228 - the budget of the local community must understand the resources necessary for execution of new work, construction or major repairs to be carried out during the fiscal year for which it voted.
The Council determines the order of priority of these projects following their character and emergency need.
When the duration of the work shall exceed one year, the Commission evaluates the overall expenditure required for the execution of these works and proceeded to a breakdown of this expenditure by budget management.
Chapter VI. -Actions to justice s. 229 - the local community Council deliberates on the actions to bring or support on behalf of the local community.

S. 230 - the local executive organ under the deliberation of the Board represents sued the local community.

It can always, without consent of the Council, do all acts Conservatory or interruptive of disqualifications.

S. 231 - any taxpayer enrolled in the role of the local community has the right to exercise, as plaintiff or defendant, at its expense and risk, with the permission of the representative of the State, the actions that he believes belong to the local community and that it previously called discussion, has refused or failed to exercise.

The taxpayer address to the representative of the State a detailed memorandum which receipt is issued to him. The representative of the State shall immediately transmit this memory to the relevant executive body, with an invitation to submit to its Board, specially convened for this purpose within a period of two months. This convening period may be shortened.
Where the Commission refuses to take legal action, the representative of the State may authorize the applicant to replace them.
The representative of the State decision must be reasoned. It is subject to appeal before the administrative judge.

S. 232 - on pain of inadmissibility, no judicial action other than possessory actions may be brought against a local community that as far as the applicant has previously addressed to the representative of the State, by registered letter with acknowledgement of receipt, a written statement setting out the purpose and the reasons for its claim.
The action may be brought before the courts a month after the representative of the State had received the memory, without prejudice to the Conservatory acts.
The presentation of the memory stops any limitation or revocation, if it is followed by a judicial demand within three months.

S. 233 - the representative of the State immediately address submission to the executive body concerned with the invitation to convene its Board within the shortest time limit for discussion.

S. 234 - the party who obtained a conviction against the local community is liable to charges or contributions for payment of damages and costs resulting from the trial.

S. 235. - the appeal to the supreme court or the Court of appeal should be notified by their authors to the representative of the State which may make observations.

Chapter VII. -Creation of local public institutions and participation in partnerships with public participation or to private companies art. 236 - local communities can create public local institutions in accordance with the legal provisions relating to public institutions, companies with public participation and private assisted financial public law legal persons.

S. 237 - local authorities may, by decision of their advice, or acquire shares or obligations of the companies to operate local services, or receive as a charge of the shares of contributions or of the founders issued by those companies, under the conditions laid down in article 245 of the present code.

The statutes of these companies must stipulate in the favour of the local community: 1. If it is a shareholder, the statutory allocation outside the Assembly of one or more representatives to the Board of Directors;
2. If it is bond, the right to defend its interests with the company by a special delegate. The amendments to the abovementioned companies statutes affecting local communities must be approved by the authority designated in the preceding article.

S. 238 - the titles referred to in the preceding article must be in registered form or represented by preference certificates.
They are kept by the local collector even if they are assigned to guarantee the Ponseil of administration management.

S. 239 - tracks allocated to the guarantee of the management of the Board of Directors are inalienable.
The alienation of other securities referred to in article 237 of the present code may occur only by virtue of a deliberation approved under the same conditions as the decision to acquire.

S. 240. - civil liability for acts as administrator of the company, by the representative of a local Government to the Board of Directors of the company of which it is a shareholder, is the responsibility of the local community, subject to a recourse action against the person concerned.

S. 241 - the participation of local communities or the grouping of these communities cannot exceed 33% of the share capital of the companies or bodies referred to in this section.

S. 242 - the companies referred to in this section are subject to the control of the State under the conditions laid down in the laws and regulations in force.

Title V. - of control of legality of communities local chapter first. -Control of legality article 243 - acts of local authorities are transmitted to the representative of the State, Department or commune, which delivers as soon as acknowledgement of receipt.
Proof of receipt of the acts by the representative of the State may be made by any means. The acknowledgement of receipt which is immediately issued can be used as evidence.
For the below listed acts, the representative of the State has a period of fifteen days to request a second reading. This request is suspensive, both for the enforceability of the Act for any period of litigation.
Are concerned by these provisions the following acts:-the deliberations of councils or decisions made by delegation of the Councils;
-the regulatory acts taken by local authorities in all areas falling within their competence under the Act;
-the conventions relating to the markets as well as conventions of concession or leasing of local public services to industrial or commercial character;
-the individual decisions on the appointment, the advancement of rank or level of local agents;
-the individual decisions on sanctions subject to the opinion of the disciplinary board and the dismissal of officers of local authorities.
These acts are binding of right, fifteen days after the issuance of the acknowledgement of receipt, unless application for second reading on the part of the representative of the State, and after their publication or their notification to interested parties. This fifteen day period may be reduced by the representative of the State at the request of the president of the departmental Council or the Mayor.

S. 244 - regulatory and individual decisions taken by the president of the departmental Council or mayor in the exercise of their police powers, acts of daily management taken on behalf of other local authorities that those mentioned in article 243 above are enforceable right as soon as it is made to their publication or notification to applicants after transmission to the representative of the State.

S. 245. – Notwithstanding the enforceability of the planned acts in articles 243 and 244 of this code, shall remain subject to the prior approval of the representative of the State acts in the following areas:-budgets primitive and additional;
-loans and loan guarantees;
-local development plans;
-financial agreements for international cooperation involving commitments for an amount fixed by Decree;
-Public Affairs and urban planning;
-guarantees and equity participation in private companies engaged in activities of general interest to public participation;
-contracts greater than an amount fixed by Decree and concession contracts from lasting more than thirty years.
These deliberations and decisions are transmitted to the agent of the State, under the conditions laid down in article 243 of the present code. The approval of the representative of the State shall be deemed tacit if it has not been notified to the local community within the time limit of one month from the date of the acknowledgement of receipt by the representative of the State.
This period of one month may be reduced by the representative of the State at the request of the president of the departmental Council or the Mayor.

S. 246 - the representative of the State refers to the Supreme Court the acts referred to in articles 243 and 244 of this code it considers tainted with illegality, within two months of their transmission.
This Court shall take a decision within a maximum period of one month.
These acts brought to justice are not subject to hierarchical appeal.
At the request of the president of the Council or of the Mayor, the representative of the State informed him of his intention to not refer to the administrative judge an act which was passed pursuant to article 243 of this code.
When the representative of the State refers an act to the administrative judge, he forthwith notify in writing the president of the departmental Council or mayor and communicates all information about illegalities invoked against the offender.

S. 247 - the representative of the State can match its remedy of a stay of execution request. It is this claim if one of the grounds relied on in the application appears, in the State of education, serious and such as to justify the annulment of the contested act.
When the contested act is likely to endanger the exercise of a public or individual freedom, the President of the supreme court or one of its members delegated for this purpose pronounced stay within forty-eight hours.
The supreme court may, on its own initiative, order the stay of execution for any procurement that transmitted the representative of the State for the purpose of cancellation.

S. 248 - the Government submits each year to the National Assembly in debate during its first regular session, a report on the control of legality exercised the previous year for the actions of local authorities.


S. 249. - the president of the departmental Council or the Mayor may refer to the Supreme Court for excess of power, the decision of refusal of approval of the representative of the State under article 245 of the present code. These remedies are under the procedure laid down in articles 246 and 247 of this code.
Annulment of the decision of refusal of approval by the supreme court, is equivalent to an approval notification of the judgment to the local community.

S. 250. - without prejudice to the direct remedies available to it, if a natural or legal person is aggrieved by an act referred to in articles 243 and 244 of this code, it may, within two months from the date on which the Act became enforceable, ask the representative of the State concerned to implement the procedure for cancellation provided for in articles 246 and 247 above.
For the acts mentioned in article 243 of this code, this request cannot operate to extend the time for appeal has the representative of the State in application of article 246 of the present code.
When the cancellation request is an Act mentioned in section 244 of this code, the representative of the State may refer the deed in question before the supreme court within two months of its referral by the person or entity injured.
When the cancellation request is an Act mentioned in section 245 of the present code, the period of approval of the representative of the State, it processes this request according to the procedure of the appeal. If the decision has become enforceable, only direct recourse is possible.
These brought acts are not subject to hierarchical appeal.
Chapter II. -Judicial review of Auditors art. 251 - j. of Auditors all of public accountants of local communities, as well as the accounts of persons that it has declared accounting indeed.

The accounts of local population not exceeding 15,000 inhabitants and the amount of regular income in the last administrative account is less than an amount fixed by Decree, subject, subject to the following paragraphs, an administrative clearance by regional treasurers-payers with the exception of their own management accounts.
Clearance decisions accompanied, where appropriate, any comments cause accountant debet implementation are transmitted by the regional Treasurer-payer to the Court of Auditors. The accountant debet cannot be pronounced by the judge of Auditors.
For accounts subject to the regime of the administrative clearance and not subject of observations subject to possible remedies and the right of evocation of the judge of the accounts, the orders of the regional treasurers-paying accounts carry final discharge to the accounting officer.

The regional Treasurer-payer address accounts judge all discharge orders that he took. Accounts judge may exercise his right of evocation and reformation on the orders referred to in the fourth paragraph of this article within a period of six months from the date of their notification to the accounting officer. This period may be extended by the competent judge once but must not exceed six months.
For local communities which it ensures the effective judgment of the accounts by the accounting officer in accordance with the preceding subparagraphs, the judge of Auditors checks on parts and, if necessary, place the regularity of revenue and expenditure described in accounts of local authorities. It ensures the regular employment of credits, funds and securities.
It can provide verification of the accounts of institutions, companies, groups and organizations, regardless of their legal status, to which local authorities provide financial aid.

S. 252 - judge of Auditors contributes to the budgetary control of local authorities.
It examines the management of local communities. The observations that he presents in this area cannot be formulated without a preliminary meeting between the rapporteur magistrate or the president of the section accounts and the authorising officer of the local community concerned. When comments are received, they cannot be finalized until the authorising officer has been able to provide a written response. Accounts judge takes all necessary steps to ensure the secrecy of its investigations.

The final comments made by the judge of Auditors on the management of a local Government shall be communicated by the executive body of the local community to its deliberative assembly, as soon as its next meeting. Accounts judge shall inform the representative of the State concerned.
Accounts judge spends each year a portion of its public report to the management of local communities.

Accounts judge informs the president of the departmental Council or mayor, observations relating to their management that it intends to include in this report and invites them to share their responses. These are published as a result of its observations.
Chapter III. -Rules Budget Section 1. -Provisions general article 253 - at least one month before the examination of the budget of a local government, a debate is taking place in the Council on the budgetary guidelines.
The draft budget is prepared and presented by the president of the departmental Council or the Mayor, who is required to transmit to the members of the Council with the corresponding reports 15 days before the opening of the first meeting devoted to the consideration of this budget.
The budget and the special authorities revenue and expenditure are voted by the Council of the local community. They are divided into "operation" section and "investment" section

S. 254 - where the budget of the local community has not adopted before January 1 of the year to which it applies, the president of the departmental Council or mayor are entitled, until the adoption of this budget, implement recovery revenue, to engage, to liquidate and mandated expenditures for the section of operation within the limits of those listed in the budget of the previous year. They are entitled to mandate expenditures to the repayment of capital of the annuities of the debt coming due before the vote on the budget.

In addition, until the adoption of the budget or until 31 March, in the absence of adoption of the budget before this date, they may, with the approval of the Council, engage, liquidate and mandated investment expenditure, within the limits of one quarter of the appropriations in the budget of the previous year, excluding the appropriations relating to the repayment of the debt. The corresponding appropriations are entered in the budget during its adoption. The authorization mentioned in this paragraph specifies the amount and the allocation of funds.
If the budget is not adopted at March 31 of the fiscal year to which it applies, the representative of the State sets the budget and makes it binding in the fifteen days following that date.

Until the settlement of the budget of the local community by the representative of the State, the Council may adopt deliberation on the budget for the current biennium.
The provisions of paragraphs 1 to 4 of this article shall not apply when the failure to adopt result of the lack of communication before 15 March to the Council of the local community of information essential for the preparation of the budget. In this case, the Council has 15 days from receipt of the request to stop the budget of the local community. The list of these information is fixed by joint order of the Minister in charge of finance and the Minister in charge of local government.

In case of creation of a new local community, its Council adopts budget within a period of three months from the installation of its bodies. Otherwise, the budget is set and rendered enforceable by the representative of the State under the conditions laid down in the third paragraph of this article. These provisions are not applicable when the failure to adopt result of the absence of communication to the Council, within two months and a half after this creation, information essential for the preparation of the budget. In this case, the Council has 15 days after this notice to stop the budget of the community.

S. 255 - the budget of a local government is in real equilibrium when the 'operation' section and the 'investment' section are respectively passed in balance, revenues and expenditures having been evaluated in a sincere manner, and when the levy on the revenues of the "operation" section for the benefit of the 'investment' section, added to own revenue of this section, excluding the proceeds of the borrowings , and possibly to the allocations of depreciation and allowance accounts, provides adequate resources to cover the repayment of capital of the loan annuities accruing during the year.
The levy on the revenues of the "operation" section for the benefit of the 'investment' section should represent a share of these revenues fixed by Decree according to the type of local community.

S. 256 - when the budget is not voted in equilibrium real or that the provisions above have not been met, the representative of the State noted in a period of fifteen days from the date of transmission provided for in section 254 of this Code. It offers to the local community, within a period of fifteen days following its finding, the measures necessary for the restoration of a balanced budget and calls on the Council a new deliberation in the context of the provisions of article 243, paragraph 3 of the present code.

The new deliberation of the Council correcting the initial budget must take place within a period of one month from the communication of the proposals of the representative of the State.

If the Council has not deliberated within the prescribed period, or if the deliberation taken does not remedial measures considered sufficient by the representative of the State which decides on this point within a period of fifteen days from the transmission of the new deliberation, the budget is set and by the representative of the State.
Starting from the recognition of the budgetary imbalance by the representative of the State, the Council may deliberate in budgetary matters, except for the deliberation provided for in the second paragraph of this section and for the purposes of article 254 of the present code.

S. 257 - when the budget of a local authority has been set and made enforceable by the representative of the State, the vote of the Council on the administrative account provided for in article 259 of this code occurs before the vote on the budget in the next fiscal year. When the administrative account in the above mentioned conditions reveals a deficit in the implementation of the budget, this deficit is postponed to the following year's budget. When any one of the obligations laid down in this paragraph is not respected, the representative of the State intervenes in the conditions laid down in paragraphs 1 and 3 of the preceding article.

If application is made to the procedure defined in paragraph above, the dates laid down in the second paragraph of article 254 of the present code for the adoption of the budget respectively postponed to 1 June and 15 June. In this case, the time limit for transmission of the account for the accounting officer under article 259 of the present code shall be reduced to 1 May.

However, for the purposes of these provisions, is not considered as being unbalanced, the budget 'operation' section which contains or picks a surplus and with the 'investment' section in real balance, after recovery, for each of the sections results appearing in the administrative fiscal account.

S. 258 - subject to compliance with the provisions of sections 254 above and 259 below, changes can be made to the budget of the local community by its Board, until the end of the year to which they apply.
Within the period of one month following the end of the fiscal year, the Board may, in addition, amendments to the budget to adjust the appropriations for the operating section of the expenses incurred before 31 December and include the appropriations needed for the realization of operations of order of each of the two sections of the budget or between sections.

The deliberations on budget amendments provided for in the preceding paragraph shall be forwarded to the representative of the State no later than five days after the time limit set for their adoption. Authorizations arising from budgetary modifications thus decided, must be completed no later than January 31 following the year to which they relate.

S. 259 - the order of accounts is constituted by the vote of the Board of the local community on the administrative account submitted by the president of the departmental Council or the Mayor after transmission, no later than 1 July of the year following the financial year, account management established by the accounting officer of the local community. The vote of the Council adopting the accounts must be made before October 1 of the year following the year.
The administrative account is stopped if a majority of the votes is not clear against its adoption.

S. 260. - when the order of accounts appear in the execution of the budget a deficit equal or higher to 10% of the revenue of the "operation" section, the representative of the State, offers to the local community, the measures necessary for the restoration of fiscal balance, within the period of two months from this proposal.
If, in the consideration of the following primitive budget, the representative of the State finds the local community has not taken sufficient measures to eliminate this deficit, the budget is adjusted and given effect by the representative of the State.
In the case of implementation of the provisions of the preceding paragraphs, the procedure laid down in article 257 of the present code is not applicable.

S. 261 - the budget of the local community is transmitted to the representative of the State no later than fifteen days after the time limit set for its adoption by this code. Otherwise, application is made to the provisions of the second paragraph of article 254 of the present code.

S. 262 - the administrative account is forwarded to the representative of the State no later than 15 days from the expiration of the limited time for its adoption by section 259 of this code.

S. 263 - the observation by the representative of the State of imbalance in the budget of the local community or the non compliance with the legal proportions to the title of article 260 of this code and has effect of suspending the execution of the budget until the end of the procedure. However, shall apply as from the transmission of the budget, the provisions of the first paragraph of article 254 above.
In addition, section 'investment' of this budget expenditures can be incurred, liquidated and authorised within the limits of one quarter of the appropriations entered in this title.
Section 2. -Registration of compulsory expenditure article 264 - when the representative of the State, on its own initiative, or entered either by the concerned public accountant or by any person having interest, finds that a compulsory expenditure was not included in the budget or it was for an amount insufficient, it addressed a formal notice to the local community concerned.
If, within a period of a month, this formal notice is not followed effect, the representative of the registered state this expenditure to the budget of the local community and offers, if applicable, the creation of assets or decrease of optional expenses to cover compulsory expenditure. The representative of the State rule and makes enforceable the rectified accordingly budget.

S. 265 - failing of entrustment by the local community concerned of compulsory expenditure in the month following the formal notice that it was made by the representative of the State, the implementing office.

S. 266 - in the context of public commissions, when moratory interests are not mandated at the same time as the principal, the latter being above a threshold set by Decree, the accountant accountant of expenditure shall inform the authorising officer and the representative of the State within ten days following receipt of the payment order. Within a period of fifteen days, the representative of the State address to the authorising officer a formal notice of entrustment of the moratory interest. In the absence of performance within a period of one month, the representative of the State conducts ex officio, within a period of ten days, the entrustment of the expenditure.

However, if within the period of one month before it, the authorising officer shall notify a refusal to enforce motivated by a lack of available credit, or if, within the same period, the representative of the State finds this failure, this one within a period of fifteen days from this notice or this finding, proceeded to the entrustment of office within 15 days following receipt of the deliberation entering credits or decision settling the rectified budget.

S. 267 - when the representative of the State intervenes in application of sections 254, 256, 264 and 265 of this code, the president of the departmental Council, the mayor or their representative may, at their request, present their comments orally. They may be assisted by a person of their choice.

Section 3. -The accounting officer of the local community arts. 268 - accountant of the local community is a direct accounting of Treasury having senior accountant. He was appointed by the Minister of finance.
He is sworn before the regional court.
It is required to submit its accounts to the Court of Auditors which shall act by way of judgment.

S. 269 - the accounting officer may subordinate its acts of payment to an assessment of the appropriateness of the decisions by the authorising officer. It may not submit the same acts as to legality control imposed by the exercise of his personal and financial responsibility. It is obliged to justify the suspension of the payment.
When the accountant notifies its decision to suspend the payment of a mandatory expenditure, the president of the departmental Council or mayor may submit a requisition order. It must comply immediately, except in case of insufficiency of funds, expenditure authorised on improperly opened or insufficient credits or loans other than those on which it should be attributed, without justification and the service is default of debtor nature of the regulation.
Copy of the requisition order is transmitted to the representative of the State and the Court of Auditors.
In the case of requisition, the authorising officer responsible personal and pecuniary liability.
TITLE VI. -REPRESENTATIVES of State art. 270 - the representatives of the State are the delegates of the President of the Republic in their constituency. They are appointed by Decree.
The representatives of the State shall ensure the safeguarding of national interests, in compliance with the laws of public order.
Under the conditions laid down by this code, they exercise control of legality and budgetary control. They shall in addition to regular exercise, by local communities, their skills.

They represent each of the Ministers and have authority over the decentralized services of the State in their constituency subject of exceptions by other texts. They are only empowered to speak on behalf of the State to the councils elected by their constituencies.

S. 271 - the prefect represents the State with the Department, the city, the common capital of Department and all other communes which it will be attached by Decree.
The sub-prefect represents the State with the other municipalities in the district.

S. 272 - as part of a wide devolution, the measures that determine the distribution of powers between the central authorities and the representatives of the State with local communities, are the subject of an annual report to the National Assembly, after opinion of the territorial Administration interdepartmental Committee provided for in Title VII of the first book of this code.

S. 273 - at their request, the president of the departmental Council and the Mayor are representatives of the State information necessary for the performance of their duties.
At their request, the representatives of the State receive President departmental Council and the Mayor, the information necessary for the performance of their duties.
The president of the departmental Council and the mayor shall inform their Council of all mail that State officials want to bring to its attention.
TITLE VII. -FOLLOW-up arts organizations 274 - the national Council of development of local communities by Decree, includes, in addition to representatives of the State, departments and municipalities, representatives of the private sector and civil society.
Once at least a year, is chaired by the head of State for the balance of the evolution of the departments and communes.
He established each year a State of decentralized cooperation and all useful proposals.

Art; 275 - an interdepartmental Committee of territorial administration is established by Decree.
It is consulted annually on the conduct of the deconcentration of State policy.

S. 276 - interdepartmental Committee of planning, by Decree, is consulted on any changes of territorial boundaries and the number of the departments, under the procedure laid down in this code.

S. 277 - a national commission of assistance to the Centres of support to local development is established by Decree. It is consulted on the development and implementation of policy and development programmes at the base, with the support of the regional commissions to assist support to local development centres.

BOOK II.
TRANSFERS OF COMPETENCE TITLE I. -FUNDAMENTAL principles and modalities of the transfer of competencies art. 278 - local communities regulate, by deliberations, the Affairs of their skills.
They compete with the State, the Administration and the development of the territory, economic, educational, social, health, cultural and scientific development as well as the protection and development of the environment and the improvement of the living environment.
The State exercises sovereignty missions, control of legality of the acts of local authorities under the conditions laid down by the law, ensures the coordination of development actions and ensures cohesion and solidarity national as well as the integrity of the territory.

S. 279 - transfers of competence provided by this law may allow a local Government to establish or exercise one tutelage on another.
However, local communities may freely maintain functional relationships and cooperation in strict conformity with the laws and regulations in force.

S. 280. - the distribution of powers between local communities occurs by distinguishing those which are devolved to the departments and municipalities.
All other skills will be gradually transferred to the local authorities by law.

S. 281 - the resources necessary for the exercise by local authorities of their powers are devolved either through tax transfers, endowments, or by both both.

S. 282 - transfers of competence by the State must be accompanied by at least the concomitant transfer of the departments and communes of the means and the resources necessary for the normal exercise of these powers in accordance with this code.
Costs relating to the exercise of the transferred competencies are a screening assessment to the transfer of such skills under the conditions laid down in title III of this paper.

Any new burden on local authorities by virtue of the amendment by the State, by means of regulation, rules relating to the exercise of the transferred competencies must be compensated by payment suitable for decentralization Endowment Fund provided for in article 324 of the present code or other tax resources on terms defined by the law.
The above cited regulatory act should be mentioned.
In cases where the inadequacy of the financial resources of local communities may compromise the attainment and the execution of the tasks of the public services, the State may intervene by granting special allocations to local authorities concerned.

S. 283 - exercising a grouping of local assignments in an area subject to a transfer of powers, this transfer takes place for the benefit of this Organization on decision of the concerned legislative organs.
Local communities may join for the exercise of the powers of common interest, in accordance with article 279 of the present code, by creating public cooperation agencies.
Local authorities can establish the conventions by which one undertakes to put at the disposal of another community its services and means to facilitate the exercise of its powers to the latter.

S. 284 - services departments and municipalities are organized in accordance with organizational charts-types fixed by Decree.
The officials and other servants of the State needed the departments and municipalities in the accomplishment of their mission, are assigned to the Ministry responsible for local communities to serve in such communities.

S. 285 - the conditions of use of each service of the State by local authorities are determined by agreements between the representative of the State and the president of the departmental Council or the Mayor.
The conventions are established following models-types fixed by Decree.
The president of the departmental Council and the Mayor give all necessary instructions for the execution of the tasks they entrust to such services under the above-mentioned conventions. They control the execution of these tasks.

S. 286 - officials of the decentralized State services which contributed directly and personally at a local community for the completion of a transaction, may not participate, in any form whatsoever, to the exercise of the review of the legality of acts associated with this operation.

S. 287 - staff in service in local communities are governed either by the status of local public service, either in the public service of the State, by either legislative or regulatory texts, specific.

S. 288 - the Department or municipality sees clear liability when an authority of the State is overridden in law or in fact, to the president of the departmental Council or the Mayor.

S. 289 - the transfer of jurisdiction results, of right, the provision of the local community recipient of all movables and immovables used, at the date of this transfer, for the exercise of this jurisdiction, where the goods are not part of the public domain.
This transfer is established by a decree of devolution, in the light of a report issued contradictorily between the representatives of the State and the local executive authorities.

S. 290 - local communities exercise their own powers in accordance with the constraints imposed by national defence.
Pursuant to this principle, the transfers of powers provided for by this Act shall not preclude that the authorities of the State can take the local communities, public bodies and their groupings, the measures necessary for the exercise of their powers on civil or military defence, in accordance with the laws and regulations in force.
As such, the State has, as appropriate, departments and municipalities, their groupings and their public institutions services.

S. 291 - the State and local governments may, as necessary, to associate in contractual form for the achievement of objectives and public utility projects.
TITLE II. -SKILLS local first chapter communities. -Management and use of private state, the public domain and the domain.

Section 1. -Provisions general article 292 - the Senegalese territory is the common heritage of the nation.

S. 293 - in the respect of the principles and provisions of the Act on the national field and the field Code of the State, in all which is not contrary to this Act, the powers transferred to the departments and municipalities in national matters relate to management and the use of private state, the public domain and the domain.
Section 2. -Of the private domain of the State


S. 294 - the State may transfer to local communities all or part of his movable or immovable property within its private, or spend with these communities of the conventions relating to the use of such goods.
The sale by the State of the movables and immovables mentioned in the first paragraph of this article including buildings built or undeveloped to local authorities to enable them to execute their missions and support decentralised agencies or community facilities, may be carried out, or on the initiative of local communities, either on the initiative of the State.

S. 295 - the State may, in accordance with the provisions of article 294 above, facilitate local communities access to the full ownership of all or part of the moveable and immovable property within its private either affect merely the right to use in these communities of some of its assets and personal property.
Section 3. -Public domain art. 296 - for projects initiated on the public maritime domain and the River area by individuals, local communities or any other legal person, it is required the authorization of the departmental Council, after notice of the deliberative body of the municipality where the project is located.
This deliberation is subject to the approval of the representative of the State.

S. 297 - for projects or transactions initiated by the State on the public maritime domain and on the river field, either in the context of the exercise of sovereignty, either in the context of the promotion of economic and social development, the State took the decision after consultation with councils departmental and municipal except imperative of defence or public order. The State shall communicate the decision for information to departmental and municipal councils.

S. 298 - the public maritime domain and the fluvial public domain areas, equipped with special management plans approved by the State, management skills are delegated by it to relevant departments and municipalities respectively for the perimeters are vested to them in these plans.
Royalties y costs are paid to the local authorities concerned.
Acts of management they are subject to the approval of the representative of the State and provided after this formality, the departmental and municipal for information.

S. 299 - the artificial public domain is managed by the State.
However, the State may transfer to local terms of classification which are fixed by Decree, the management of historical monuments.
Municipalities are responsible for the management of unclassified roads located within the municipal boundary.

Section 4. -National domain s. 300 - projects or transactions initiated on the national domain by a natural person, a local community where any other separate legal entity of the State, are established in accordance with the provisions of the law on the national field.
For projects and operations that he initiated on the national domain, the State took the decision after consultation with the relevant local councils, except imperative of national defence or public order.
This decision shall be communicated for information to the relevant local councils.

S. 301 - land of the sis national domain in the communes can be registered on behalf of the State and assigned to the Commons as necessary, including to serve as base for community facilities projects.
The registered ownership remains in the State in the context of the subdivisions of the national area of urban land.
However, licensing of the resulting plots of these subdivisions Committee is chaired by the Mayor. The composition of the members of this commission is fixed by Decree.
The decisions of the commission are under an act awarding plots in the owning. This Act is subject to the approval of the representative of the State.

S. 302 - for any project or operation of the competence of the State in urban areas, excluding land tenancies, it takes the decision after notice of the departmental Council and the municipal Council concerned.
This decision shall be communicated to the departmental Council and municipal Council concerned.
The national agricultural lands located in urban areas are managed in accordance with the provisions of the Act on the national domain concerning urban areas, in all which is not contrary to the provisions of this Act.

S. 303 - when previously land in frontier areas are transferred into areas of terroir, the State retains the management of the parts of frontier areas having been the subject of a special development and carries the necessary prerogatives regarding their mode of management.
The State may assign or dispose of all or part of these special management zones, according to criteria set out by Decree, to individuals, local communities or to any legal person, for the realization of economic and social development projects.

Chapter II. -The environment and management of natural resources Section 1. -Skills of the art Department. 304 - Department receives the following competencies:-the establishment and management of forests, protected areas and natural sites of departmental interest;
-the issuance of authorization to farm-out of hunting, after receiving the opinion of the municipal Council;
-the management of inland waters excluding streams in national or international status;
-the development and implementation of departmental action plans for the environment, risk prevention and emergency response;
-the realization of firewalls and firing early in the fight against Bush fires.
-the development and implementation of local environmental action plans;
-the protection of groundwater and surface;
-the distribution of logging quotas among municipalities;
-the fight against the fires and nature protection;
-authorization to clear after the opinion of the relevant municipal Council;
-the licensing of slaughter and cutting.
Section 2. -jurisdiction of the municipality art. 305 - the town receives the following competencies:-management of forest soils;
-management of natural sites of local interest;
-the creation and management of communal wood and protected;
-the creation of artificial and selected mares reservoirs especially for agricultural purposes;
-reforestation operations;
-the development of municipal plans of action for the environment;
-waste management and the fight against unsafe;
-implementing defens.

Chapter III. -Health, population and social action Section 1. -Skills of the art Department. 306 - Department receives the following competencies:-the management and maintenance of hospitals levels 1 and 2;
-participation in universal health coverage;
-participation in the maintenance and management of promotion and social reintegration centres;
-support for the financing of productive projects for the poor;
Section 2. -skills of the common art. 307 - the town receives the following competencies:-the construction, management, equipment and maintenance of the posts of health, maternity and health boxes;
-the organisation and management of relief for the benefit of the needy;
-management, equipment and maintenance of health centres;
-the implementation of the measures of prevention and hygiene;
-recruitment and made available to support staff;
-participation in universal health coverage.
Chapter IV. -Youth, sports and recreation Section 1. -Skills of the art Department. 308 - Department receives the following competencies:-the implementation, management and maintenance of sporting and socio-educational infrastructure to departmental or regional status.
-support for leagues, the regional organization for the Coordination of the holiday activities and the regional Youth Council;
-the authorisation to open educational communities after the opinion of the relevant municipal Council;
-the construction, management and maintenance of the infrastructure to departmental status;
-the development of socio-educational activities;
-the promotion of physical and sports activities at the departmental level;
-support to districts, to the departmental organization for Coordination of the holiday activities and the departmental Council of youth;

-participation in the Organization of sports competitions.
Section 2. -skills of the common art. 309 - the town receives the following competencies:-the promotion of educational, sporting activities and youth;
-the construction of sports infrastructure of proximity;
-the construction, management and maintenance of the municipal stages;
-planning and management of playground and sports courses.
-participation in the Organization of sports competitions;
-support for the associative and cultural and the communal Council of youth;
-the recruitment and support of the supporting staff.
Chapter V. - culture Section 1. -Skills of the art Department. 310 - Department receives the following competencies:-the promotion and enhancement of sites and monuments;
-participation in the research and the discovery of prehistoric or historic relics;
-creation and management of a departmental Orchestra;
-the management of a departmental Museum;
-creation and management of cultural institutions, libraries;
-creation and management of orchestras, traditional lyrical sets, body of Ballet and theatre companies;
-the promotion of national and local culture;

-the conservation of sites and monuments.
Section 2. -jurisdiction of the municipality art. 311 - the town receives the following competencies:-Organization of cultural days, traditional cultural events and literary and artistic competitions;
-the monitoring and follow-up of the conservation of sites and monuments;
-the creation and management of the centres for reading and cultural animation (CLAC);

-collection of the oral tradition of storytelling, myths, proverbs, symbols and values;
-the recruitment and support of extra personnel.
Chapter VI. -Of education, literacy, the promotion of the national languages and vocational training Section 1. -Skills of the art Department. 312 - Department receives the following competencies:-construction, equipment technical schools and colleges;
-the construction of technical education and vocational training centres;
-the development and implementation of the departmental plan of development of education and training;
-the creation of a stock exchange trades;
-participation in the acquisition of textbooks, school supplies and teaching materials for vocational and technical schools and vocational training centres;
-support for the functioning of the organs of management at the regional level;
-the promotion of the school/business partnership;
-participation in the development and implementation of the departmental portion of the regional educational map;
-the equipment and maintenance of the lycées and collèges d'enseignement general and participation in their management through the structures of dialogues and consultation - the development and implementation of the departmental plan of eradication of illiteracy - support for vocational training;
-participation in the school textbooks and supplies acquisition of high schools and colleges for general education;
-the allocation of scholarships and school aid;
-licensing as operator in literacy;
-the promotion of inclusive education.
-the promotion of civic values and citizenship active.
Section 2. -skills of the common art. 313 - the town receives the following competencies:-the construction and equipment Franco elementary, pre-school, schools, community-based schools and schools;
-Participation in the management and administration of the elementary, pre-school, schools daaras, basic community schools and franco-Arab schools;
-Recruitment of personnel education and training for community preschool classes and centres for basic education of young and adult illiterates;
-support for Daaras;
-school support;
-The allocation and the distribution of scholarships and school aid;
-the recruitment and support of staff of extra schools elementary, preschool, of franco-Arab schools and basic community schools;
-the promotion of the national languages and oral tradition;
-Recruitment of literacy teachers;
-The training of trainers and literacy;
-support for vocational training;
-participation in the acquisition of textbooks and supplies school for schools elementary, pre-school, basic community schools and schools Franco.
-development and implementation of the communal plan to combat illiteracy.
Chapter VII. -from the Planning Section 1. -jurisdiction of the art Department. 314 - Department receives the following competencies:-the development and implementation of the departmental plan of development (pod) in coordination with strategies and national policies;
-the implementation of the plan contract with the State for the implementation of development projects.
Section 2. -jurisdiction of the municipality art. 315. - the town receives the following competencies:-the preparation and implementation of the municipal development plan (PDC), in coordination with the Development Plan of the city.
-the implementation of the plan contract with the State for the implementation of development projects.
Chapter VIII. -from the Planning Section 1. -jurisdiction of the art Department. 316 - the Department develops and implements its planning scheme.
Section 2. -Skills of the common art. 317 - the municipality gives its opinion on the draft of the development plan of the territory of the Department and ensuring the operationalization of the options.
Chapter IX. -Urbanism and habitat Section 1. -Skills of the art Department. 318 - Department receives the following competencies:-approval of master plans and town planning (SDAU).
-support for the action of common planning and habitat.
Section 2. -skills of the common art. 319 - the town receives the following competencies:-the development of the management plan of Urbanism (PDU) of the master plan of land use and urban planning (SDAU), the plans detail of areas of development planning, urban renewal and consolidation.
-subdivisions, their extension or restructuring;
-the granting of prior agreements of urbanism certificates;
-the issuance of authorizations to build with the exception of those issued by the Minister responsible for the urban development;
-the issuance of permits to demolish and close;
-installation and various work authorization.

TITLE III. -THE clearing and the decentralization first chapter Endowment Fund. -Principles of compensation art. 320 - the financial burdens arising for each department or municipality of transfers of powers defined by this code are subject to an allocation by the State of resources in an amount at least equivalent said loads.
Assigned resources are at least equivalent to expenditure incurred by the State, during the year preceding the date of the transfer of skills.

S. 321 - authorities in decentralised State, whose human and material resources placed under the authority of the representative of the State are established as needed at the disposal of local authorities to exercise their new skills, receive a share of the resources referred to in the preceding article.

S. 322 - at each stage of the transfer of powers, the amount of expenses resulting from increases and decreases of loads is found for local communities and the State by joint order of the Minister in charge of local government and the Minister of finance, after consultation with the national Council of development of local communities.

Article 323 - the charges referred to in the preceding articles are offset by the transfer of an allocation equivalent to a percentage of the the value added tax levied by the State on an Endowment Fund, in accordance with articles 324 to 328 of the Act.
Chapter II. -Decentralization Arts Endowment Fund 324 - the decentralization Endowment Fund, established by the Finance Act, receives an allocation equivalent to 3.5% of the tax on the added value for the benefit of the budget of the State of the last known management collected.
This percentage is amended in the sense of a gradual increase, whenever necessary, taking into account the competences of local authorities.
The national Council of development of the local community is consulted annually for notice under conditions laid down by Decree.
Chapter III. -Criteria for the distribution of the endowment of decentralisation art. 325 - the criteria for the distribution of the Endowment Fund are set and modified by Decree, whenever necessary, after consultation with the national Council of development of local communities.
Depending on skills transferred gradually by the Act, the national Council of development of local communities offers, first, the criteria for the distribution of the Endowment Fund between shares respectively reserved for departments, cities and municipalities, as well as the sampling carried out in favour of the authorities deconcentrated State for activities of their services at the disposal of local authorities.

The Commission proposes, in the second place, the criteria for the distribution of the three shares earmarked for local communities according to their own characteristics.
Each criterion is assigned by the Board of a percentage rate in the distribution of the funds.
Effective staffing of each local community, based on the established criteria according to the above procedure, is carried out by joint order of the Minister in charge of local government and the Minister in charge of finance.

S. 326 - endowments departments, cities and municipalities are affected globally.

S. 327 - sampling performed for the decentralised State services available to local communities, appears each year in the joint order of the Minister in charge of local government and the Minister of finance.

S. 328 - the local Fund receives an allocation equivalent to 2% of the tax on the value added to the benefit of the budget of the State of the last known management.
This percentage is amended in the sense of a gradual increase, whenever necessary, taking into account the competences of local authorities.
The funds of local communities equipment is distributed on the basis of the principle of national solidarity, each year, by order joint of the Minister of finance and Minister responsible for local government, between different levels of local authorities.
Distribution of these allocations are fixed after consultation with the national Council of development of local communities.


Transitional and final provisions art. 329. - for the purposes of this code, the current boundaries of the departments are maintained.
Rural communities and the current district communes are erected in Commons.

S. 330 - unless otherwise decided by Decree, the transfer of powers from the State to local communities can result in the transfer to departments and municipalities to services or parts of corresponding services of the State.

S. 331 - are repealed all provisions contrary to the present code, including Act No. 96-06 of 22 March 1996, amended, on the Code of local authorities, Act No. 96-07 of 22 March 1996, amended, devolution of power to regions, municipalities and rural communities and Act No. 96-09 March 22, 1996 laying down the administrative and financial organization of the district municipality and its relationship with the city.

S. 332. - the provisions of this code shall apply as from the installation of departmental and municipal councils from the local elections following the date of its entry into force.
This Act will be enforced as law of the State.

Made in Dakar, on December 28, 2013, by the president of the Republic: Macky SALL.
The Prime Minister, Aminata TOURE.