Decree No. 2013-278 Of February 14, 2013

Original Language Title: Décret n° 2013-278 du 14 février 2013

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

Decree No. 2013-278 of February 14, 2013 Decree No. 2013-278 of February 14, 2013 establishing and laying down rules of organization and functioning of the management of the heritage agency casting (AGPBE) State report PRESENTATION development and the management of the State's built heritage are provided since 1983 by the direction of the management of the heritage buildings.
This first reform, which led to the management concept of the administrative units in management of the built heritage of the State, contributed to notable advances in census of administrative buildings and their conditions of allocation and occupancy management.

Today, the age and the lack of real estate of the State, added at the urging of the State services, require a new approach to ensure more effective management of this sector, characterized by:-the lack of infrastructure in a context of strong speculation on administrative housing, with a lack of visibility on the conventions of housing too expensive;
-the use of very expensive leases, for buildings with inadequate architecture, located on websites often not indicated to host Governments;
-the lack of management to develop real estate projects and properly ensure the renovation of the existing heritage.

For these reasons, the mutation of this direction in executing agency is more than necessary to promote the preservation of existing buildings, the efficiency in their maintenance, development of the built heritage of the State and the strengthening of transparency in its management.
The present draft decree specific missions of the Agency and sets its rules of organization and operation, ensuring, in accordance with the provisions of law n ° 2009-20 of May 4, 2009 and the Decree n ° 2009-522 of 4 June 2009 on executing agencies, the institutional framework and independence essential to the success of his mission.
Such is the economy of the present Decree.

The President of the Republic, saw the Constitution, considering law No. 97-17 of 1 December 1997 Labour Code;

See Law No. 2009 - 20 of May 4, 2009 on executing agencies;

Considering Decree No. 2009 - 522 of 4 June 2009 on the Organization and functioning of executive agencies;

Considering Decree No. 2011 - 540 of April 26, 2011 bearing system financial and accounting of public institutions, agencies and other similar bodies;

Considering Decree No. 2011 - 1048 July 27, 2011 on the Code of public procurement;

Decree No. 2012-1223 of 5 November 2012 on the distribution of the services of the State and control of public institutions, societies and companies with public participation between the Presidency of the Republic, the Prime Minister and ministries;
On the report of the Minister, Secretary general of the Presidency of the Republic, decrees: Article 1. -Name it is created a State (AGPBE)'s built heritage management agency.
The AGPBE is a legal person in public law with management autonomy and with a mission of public service.
The Agency is placed under the technical responsibility of the general Secretariat of the Presidency of the Republic and under the financial supervision of the Ministry in charge of finance.

The seat of the Agency is established in Dakar. It may be transferred to any other place of the national territory by a decision of the Board.

Chapter i. - Missions, organization and functioning section 2. -Missions the AGPBE's mission management, in optimal conditions of the built heritage of the State, ensuring to its development and preservation. As such, she participated in the design and execution of the policy of the Government in construction and management of administrative buildings in use of offices or housing.
She is responsible for:-management administrative and technical of the housing and buildings belonging to the State or contracted by it;
-the development of the regulation of the conditions of award and occupation of housing and buildings for use as offices or schools;
-the realization of the major work of maintenance and maintenance of real estate facilities in the State;
-the implementation of the provisions related to the alienation of the private estate built in the State;
-the implementation of the State policy in the acquisition of buildings and buildings for use in offices or housing;
-the development of technical studies, including feasibility studies, for all projects of restoration and rehabilitation of State buildings;
-the search for financing for projects of restoration and rehabilitation of the buildings of the State;
-the protection of the environment as part of the work to be done;
-support for local communities in the implementation of the projects of restoration and rehabilitation of the buildings of the State.

In addition, State's built heritage management agency is responsible, except derogation, of management delegated projects of restoration and rehabilitation of buildings through specific funding agreements that could bind the State to donors.

The activities of the Agency are defined in a letter of assignment that defines the objectives assigned.

Chapter II. -The bodies of the Agency Article 3. -Determination of the bodies the management of built heritage the State Agency includes two (2) organs:-the Supervisory Board;
-the Director-general.
First section. -Article 4 Board. -Powers of the Council in monitoring the Supervisory Board is the deliberative body, monitoring and control of the activities of the Agency under the guidance of such State policy as defined in the engagement letter.
He attends by its opinion and recommendations the Director general of the Agency in the exercise of its functions and powers.
It deliberates and approves:-budgets or forecasts annual accounts before the end of the previous year;
-the multiannual programmes of action and investment;
-the financial statements, at the latest within six months following the end of the year on the basis of the report of the auditor or the auditor of the accounts;
-the organizational structure of the Agency;
-the manual of procedures;
-the annual reports of the Director general;
-the compensation grid or the collective agreement of establishment of the staff of the Agency;
-rules of procedure;
-the report on the performance in the six months following the end of the year.

Section 5. -Composition of the Supervisory Board Supervisory Board is composed as follows:-a representative of the Presidency of the Republic;
-a representative of the Prime Minister;
-a representative of the Ministry of Foreign Affairs;
-a representative of the Ministry of the Interior;
-a representative of the Ministry of the Armed Forces;
-two representatives of the Ministry of finance, including a representative of the Department;
-a representative of the Ministry in charge of local communities;
-a representative of the Ministry of town planning and Habitat;
-a representative of the Ministry of ecology and Nature Protection.
He was named an alternate for each Member of the Supervisory Board.
The Chairman of the Supervisory Board may invite any person or entity to take part with a consultative vote to the work of the Council because of its jurisdiction over issues to be addressed.
The members of the Supervisory Board are appointed by order of the Secretary general of the Presidency of the Republic on the proposal of the administrations concerned.

The Chairman of the Supervisory Board is appointed by Decree from among the members.
The financial controller or his representative attends, with a consultative vote, the meetings of the Supervisory Board.

Section 6. -Duration of the mandate the members of the Supervisory Board are appointed for a term of three years, renewable only once.
Their mandate ends on the normal expiry of his term, by death or resignation. It also ends as a result of the loss of quality that had motivated the appointment or revocation as a result of a fault serious or actions incompatible with the function of Member of the legislative body.
If you die during the term or in all cases where a member of the Supervisory Board is no longer able to exercise his mandate, it has immediately to its replacement by the head of administration or of the body he represents, for the period of the term.

Section 7. -Allowances members perceive a sessional allowance whose amount is fixed by Decree at the Supervisory Board meetings.
The compensation of the Chairman of the Supervisory Board are established by Decree.

Section 8. -Operation of the Supervisory Board Supervisory Board shall meet in ordinary session at least quarterly at the call of its Chairman.

It may meet in extraordinary session at the simple call of the President or at the request of one third of the members.
In the absence of the President, the oldest Member presides.
In case of refusal or silence duly noted President or when circumstances so require, the technical supervisory authority can proceed with the convening of the Supervisory Board in extraordinary session.
The convocation, the agenda and the corresponding files are sent to each Member at least fifteen clear days before the meeting.

Regular and special meetings of the Supervisory Board sessions held at Headquarters agency or place indicated by the President on the meeting.
The Supervisory Board shall be valid on any matter listed on the agenda only if two thirds (2/3) at least of its members or their alternates are present.

If the quorum is not reached at the first meeting, it is reduced to a simple majority for the following convocations.
The decisions of the Supervisory Board are taken by a simple majority of the votes of the members present. In case of voice, the Present meeting has the casting vote.
The secretariat of the Supervisory Board is provided by the Director-general of the Agency.

Article 9. -Deliberations of the supervisory board the deliberations of the Supervisory Board are the minutes signed by the Chairman and the Secretary of the meeting. This report also mentions the names of the members or their alternates present at the meeting than those of those 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.

The minutes of the proceedings are sent within five (5) days following the meeting of the Council to the supervisory authorities.
Section 2. -The Directorate General Article 10. -Appointment of the Director general the Agency is headed by a director general appointed by decree upon the proposal of the Secretary-general of the Republic.
The Director-general is assisted by a Secretary general appointed by Decree. The latter compensates him in absence or impediment.

Article 11. -Responsibilities of the Director general the Director general of the Agency is vested with the authority necessary for the smooth running of the Agency and ensures the execution of the decisions taken by the Supervisory Board and the supervisory authorities.
As such, he is responsible:-to represent the establishment in justice and in all acts of civil life;
-to develop multi-year action programmes and the annual action plans;
-to propose the organizational structure of the Agency and submit it for approval to the Supervisory Board;
-to participate in the financing of all kinds necessary for the achievement of the tasks of the Agency;
-to prepare the budget and run it as an authorising officer;
-to submit to the Supervisory Board, to March 31, the State of execution of the previous budget, the annual activity report and the social report;
-to submit to the Board for consideration and adoption, within six months after the end of the management, the financial statements approved by the accounting officer;
-to transmit the quarterly reports related to the implementation of the budget and cash flow of the agency within 15 days after the deadline, to the authorities responsible for the technical supervision and financial guardianship;
-to recruit and administer the staff members following the provisions of the manual of procedures and have line authority over them.

Section 12. -Compensation compensation and benefits granted to the Director-general and the Secretary-General are fixed by Decree Article 13. -Contact of performance the Director general undertakes, through a performance contract, to achieve more efficiently the objectives which are fixed.
The performance contract is being an annual assessment by an independent firm chosen by the Board following a call for competition.
He investigated a final evaluation in its chapter III term. -Article 14 Agency staff. -Status of the personnel agency personnel fall under the Labour Code.
However, officers of the State in posting or availability report their status or their special scheme of origin.
State officials are also subject to the rules governing labour relations, discipline within the Agency, subject to the provisions, as applicable, by the general of staff status, the special regime applicable to officials not State officials or civil and military retirement pensions Code.

Section 15. -Grid remuneration of workers the salary scale of staff as well as the responsibilities of premiums or gratuities that are approved by the Supervisory Board.
Bonuses or gratuities assignments are related to the achievement of predefined performance. In any event the total bonuses and gratuities paid cannot exceed 20% of the total gross wages.
Chapter IV. -Provisions financial Article 16. -Scheduling of the budget the Director general is the authorising officer of the budget.
The collection of revenue and the expenses of the Agency are provided by an accountant appointed by order of the Minister of Finance on the proposal of the Director of public accounting. It falls within the authority of the Director-general of the Agency where he is assigned and such, should respect the rules of internal organization of the Agency, including the administrative and financial procedures manual.
The agency accounting is held in accordance with the rules of the system accountant West African (SYSCOA).

Article 17. -Signing authorities the regulation of the Agency's expenditure is in respect of the sole signature of the accounting officer.

Section 18. -The Agency's resources resources consist of:-an annual overall budget allocated by the State for its operation;
-funds made available by the development partners under conventions and agreements with the Government and for restoration and rehabilitation of buildings;
-salaries paid by the beneficiaries, in consideration of the services provided by the Agency;
-grants, donations, bequests or gifts made in accordance with the regulations in force;
-products investments and other interests;
-funds from rents;
-funds from payment of the successful tenderers accommodation allowances;
-a share of the products of alienation of real estate.
The resources available to the building of the State (AGPBE) heritage management agency are public funds.

Section 19. -The expenditure of the agency consist of:-expenditure for the work of maintenance and maintenance of buildings;
-operating expenses;
-capital expenditures;
-spending on compensation of the owners whose agreements are terminated.
Chapter V. - Control Agency Article 20. -Audit of the accounts of the Agency the auditor appointed by the Supervisory Board and whose fees are set by the Council, has a mandate to review accounts, to check the values in order to certify the regularity and sincerity financial statements and the financial information contained in the reports of the Director general.
Convened by the President of the Supervisory Board, the auditor will present its report during the Council session on the order and approval of the annual accounts of the Agency.

Section 21. -Control by the competent public bodies the Agency is subject to verification of the organs of the body of State control, especially of the General Inspectorate of finance, of the General Inspectorate of State and the Court of Auditors in the conditions set by the laws and regulations in force.

Section 22. -Miscellaneous members of the Supervisory Board, the Director-general and the staff of the Agency are required to perform any duty and respect for professional secrecy for the information, facts, acts and information of which they have knowledge in the exercise of their functions.
They can therefore, to report such information, made acts and information, even after their departure from the Agency as a result of a revocation or resignation when it is a member of the Supervisory Board; a dismissal, resignation or end of a contract, for the employees.
Any breach of the provisions of the above paragraphs is likely gross negligence to cause immediate revocation of the Member of the Board concerned or the dismissal of the officer in question, without prejudice to legal proceedings against them. Former members of the Supervisory Board or former employees of the Agency are subject to the same prosecution when they are guilty of the aforementioned shortcomings.

Section 24. -Run the Minister of economy and finance and the Minister Secretary-General of the Presidency of the Republic are responsible, each which is concerned, of the execution of this Decree to be published in the Official Journal is in Dakar, February 14, 2013, by the President of the Republic, Macky SALL.

The Prime Minister, Abdul MBAYE