Decree No. 2013 - 1078 Of August 12, 2013

Original Language Title: Décret n° 2013-1078 du 12 août 2013

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Decree No. 2013-1078 of August 12, 2013 Decree No. 2013-1078 of August 12, 2013 establishing and laying down the rules of organisation and operation of the national agency to support vendors (ANAMA) report of PRESENTATION it is given the scale of the phenomenon of occupation of public roads in urban centres by so-called merchants Street, that settlement of itinerant merchants National Agency (ASMA) was created by Decree No. 2011-266, February 23, 2011.
She had particularly for missions to identify, organize, and find sites for transfer vendors.

Despite the relevance of the missions of ASMA, implementation has experienced several constraints related to the objective even settle vendors.
At the Council of Ministers, to November 1, 2012, it was decided to change orientation and naming of ASMA which becomes Agence nationale d'appui vendors (ANAMA).

Thus, emphasis is placed on training, formalization and organization of merchants, helping them to be real actors of development.
Such is the economy of the draft decree.

The President of the Republic given the Constitution, particularly articles 43 and 76;

Pursuant to law n ° 2009 - 20 of May 4, 2009 guidance on implementing agencies;

Having regard to Decree No. 2009 - 522 of 4 June 2009 on the Organization and functioning of the executing agencies;

Pursuant to Decree No. 2011 - 266, February 23, 2011 on creation of the national agency of sedentarization of vendors (ASMA);

Considering Decree No. 2011-540 of April 26, on the establishment of the national agency of sedentarization of vendors (ASMA);

Having regard to Decree n ° 2012-431 4 April 2012 amending Decree No. 2007 - 909 31 July 2007 concerning the Organization and functioning of the Presidency of the Republic;

Mindful of Decree No. 2013-11 January 03, 2013 bearing allocation of services of the State and control of public institutions, the State and corporations control of public institutions, societies and corporations with public participation between the Presidency of the Republic, the Prime Minister's Office and ministries;

Having regard to Decree No. 2012 - 432 of 04 April 2012 concerning the appointment of the Director of cabinet of the President of the Republic;
The report of the Minister Secretary-General of the Presidency of the Republic;

Decrees: Chapter I. -General provisions.

First article. -It is created an administrative structure called national agency support to vendors (ANAMA), in replacement of the national agency of sedentarization of vendors (ASMA).
The ANAMA is a public legal entity with financial autonomy.
It has its headquarters in Dakar.

S. 2 - the ANAMA is placed under the technical supervision of the general Secretariat of the Presidency of the Republic and under the financial supervision of the Ministry in charge of finance.

Chapter II. -The tasks of the Agency.

S. 3 - the Agency is responsible for:-identify, identify and organize the associations of hawkers;
-Search sites and build business locations (canteens, stalls) necessary for the professional insertion of vendors and to ensure their security and their hygiene;
-Actions of education and training should help to strengthen the capacity and the level of awareness of vendors;
-Facilitate the formalisation of the activities developed by vendors;
-Develop new models for the socio-professional insertion of vendors in the channels of trade and other economic sectors such as agriculture;
-Contribute to the design, funding and projects allowing recipients to have income appropriate to improve their living conditions.

Chapter III. -Organs and functioning of the Agency.

S. 4 - the bodies of the ANAMA are the Supervisory Board and the Directorate-General.
The Supervisory Board is composed of members representing the following institutions:-a representative of the Presidency of the Republic holding the Presidency;
-a representative of the Prime Minister;
-one representative of the Ministry in charge of finance;
-one representative of the Ministry of the Interior;
-one representative of the Ministry of health;
-one representative of the Ministry of youth;

-one representative of the Ministry of trade;
-one representative of the Ministry of the environment;
-a representative of the Association of mayors of Senegal.
He was appointed an alternate for each Member.
The members of the Supervisory Board are appointed by order of the Secretary general of the Presidency of the Republic.

The Chairman of supervisory board, chosen from among the members of the Supervisory Board, is appointed by Decree.
The financial controller or his representative attend with voice but without vote, the meetings of the Supervisory Board.

S. 5. - all members of the Supervisory Board are appointed for a term of three years renewable only once.
The mandate ends at the normal expiration of its duration, by death or resignation; It ends also, following the loss of quality that had motivated the appointment or revocation following a foul serious or conduct incompatible with the function of Member of the legislative body.
Event of death while in office in all cases where a member of the Supervisory Board is no longer able to carry out its mandate, it is immediately provided replacement by the head of administration or the body he represents, for the period of the term.

S. 6 - the Supervisory Board shall meet in ordinary session at least quarterly, convened by its Chairman.
It may meet in extraordinary session upon simple summons of the President or at the request of one-third at least of the members.
If the President is absent, the oldest Member presides.

In case of refusal or silence of President duly noted for the convening of the Council, or when the circumstances so require, the technical supervisory authority may proceed to the convening of the extraordinary sitting Supervisory Board.
The convocation is right if it is requested by the supervisory authority or 2/3 of the members.
The convocation, the agenda and the relevant files are sent to each Member at least fifteen clear days prior to the meeting.

The regular and special sessions of the Supervisory Board are held at the headquarters of the agency or any place indicated by the President on the convening.
The Supervisory Board shall validly deliberate on any item on the agenda only if two-thirds or more of its members or their alternates are present.

If necessary to deliberate quorum is not reached at the first convocation, it becomes simple for the following convocations.
The decisions of the Supervisory Board are taken by a simple majority of the votes of the members present. In the event of equality of votes, the presiding officer is predominant.

The Chairman of the Supervisory Board may invite any person or entity to participate in the work of the Council, because of its jurisdiction over issues to be considered in an advisory.
The secretariat of the Supervisory Board is provided by the Director-general of the Agency.

S. 7 - the deliberations of the Supervisory Board are the subject of a report signed by the President and the Secretary of meeting. Also, this report mentions the names of the members or alternates attending the meeting, as well as those of persons invited in an advisory capacity.
The deliberations are recorded in a special register side and initialled by the President and a member of the legislative body.
Extracts of the proceedings are sent within five clear days after the meeting of the Council to the guardianship authorities.

S. 8 - the branch of the Agency is ensured by a director general appointed by Decree. The Director-general is assisted by a Secretary-General who compensates it in case of absence or impediment.
The Secretary-General is appointed by Decree, on a proposal from the Secretary general of the Presidency of the Republic.

S. 9. - the Director-general of the Agency is vested with decision-making power necessary to the proper functioning of the Agency. It ensures the implementation of the decisions taken by the Supervisory Board and the supervisory authorities.
As such, it is responsible, inter alia:-to represent the institution in justice and in all acts of civil life;
-to develop multi-annual action programmes and the annual action plans;
-to prepare the budget and run it acting as authorising officer;

-to submit to the Supervisory Board, no later than March 31 of the following year, the State of execution of the previous budget, the annual activity report and the social report;
-to submit to the Supervisory Board, for consideration and adoption within five months of the end of the management, the financial statements adopted by the accounting officer;
-to propose the organizational structure of the Agency and submit it for approval to the Supervisory Board;
-to transmit the quarterly reports related to the implementation of the budget and the cash position of the agency within fifteen days of the deadline to the authorities the technical supervisory and financial guardianship;
-to recruit and administer the staff members under the provisions of the manual of procedure and exercise on them the hierarchical authority.

S. 10. - in accordance with the classification of the Agency, remuneration and benefits of Executive Director and the Chairman of the Supervisory Board shall be fixed by Decree.

S. 11 - the Agency is subject to a performance contract that is the subject of an annual evaluation by an independent firm chosen by the Supervisory Board of the Agency. The performance contract lays down the objectives of the Agency and the means required to achieve them.

S. 12 - the personnel of the Agency covered by the Labour Code.
However, officials of the State are also subject to the rules governing the employment within the Agency, subject to the provisions at the end of secondment, at the end of the suspension commitment or to retirement, planned, as appropriate, by the Statute of civil servants, the special regime applicable to non-civil servants of the State or the Code of civil and military Retirement Pensions.

S. 13 - the pay grid of the personnel as well as the responsibilities of bonuses or gratuities are approved by the Supervisory Board.
The powers of bonuses or gratuities are linked to the achievement of predefined performance. In any event the total bonuses and gratuities paid cannot exceed twenty percent of the total gross wages.

Chapter IV. -Financial and accounting system.

S. 14 - the Agency has a budget that traces its revenues and its expenditures.
The revenues of the agency consist of:-an annual budget allocated by the State.
-products of specific taxes by the State at the burden of certain entities;
-the resources available to the Agency by the development partners dan framework agreements to this end with the Government or with the Agency;
-products investment of available funds;
-fees and contributions paid by beneficiaries in consideration for the services and other services provided by the Agency;
-the grants, donations, bequests or donations made by countries, local or national agencies and international partners;
-any other allocation of funds in accordance with the regulations in force.
Revenue services and the benefits of the Agency are divided into operating and investment expenses approved by the Supervisory Board.
The Agency's resources are exclusively and fully utilized for the performance of its tasks.

S. 15. - the Director-general of the Agency is the authorising officer of the budget, executed in accordance with the manual of procedures. The Agency has bank accounts administered by the Director-general.
Financial and accounting agency operations are performed by an accounting officer under conditions set by the agency procedures manual.
The accounting officer is appointed by order of the Minister in charge of Finance on the proposal of the Director of public accounting. It is under the authority of the Director-general of the Agency and must as such, respecting the rules of internal organization of operation of the Agency.

S. 16. - the Agency shall apply the accounting rules in compliance with the West African accounting system (SYSCOA).
Financial and accounting operations are carried out by an accounting officer in accordance with the provisions of article 15 of this Decree.

Chapter V. - Control Agency s. 17 - the Agency's accounts are controlled by an external auditor, chosen by the Supervisory Board which sets its fees.
The Agency is required to periodically file reports on execution of the budget and its cash flow that it addressed the technical supervision and financial guardianship, without prejudice to the financial statements and annual reports.

S. 18. - the Board of Auditors is mandated to review the accounts presented by the Director general and to verify the regularity and sincerity.
Convened by the President of the Supervisory Board, the Board of Auditors introduced his report during the session of the Council devoted to order and approval of the annual accounts of the Agency.
The Agency is subject to control of the body and organs of State control.

Chapter VI. -Miscellaneous provisions.

S. 19 - rules for the award of public contracts in force shall apply to contracts concluded by the Agency.

S. 20 - members of the Supervisory Board, the Director-general and the staff of the Agency are required to respect professional secrecy for the information, facts, acts and information of which they are aware in the exercise of their functions.

Any breach of the above specified obligations constitutes serious misconduct which may result in immediate revocation or termination of employment of the person concerned, without prejudice to the legal proceedings against him.

S. 21 - heritage agency of sedentarization of vendors (ASMA) is vested in the national agency support to vendors (ANAMA).

Chapter VII. -Provisions finals s. 22 - are repealed all provisions contrary to this Decree including Decree No. 2011-266 of 23 February 2011 on the establishment and organisation of the Agency of sedentarization of vendors (ASMA).

S.23. - The Minister Secretary-General of the Presidency of the Republic and the Minister of economy and finance are responsible, each in relation to the implementation of this Decree which shall be published in the Official Journal.

Made in Dakar, August 12, 2013, by the President of the Republic: Macky SALL.

The Prime Minister, Umrans.