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Decree No. 2011 - 2072 December 29, 2011

Original Language Title: Décret n° 2011-2072 du 29 décembre 2011

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INTERIFER MINISTERE

Decree No. 2011-2072 of 29 December 2011

Decree No. 2011-2072 of 29 December 2011 on the Status and Emoluments
Chief of Village

PRESENTATION REPORT

The village chief is an auxiliary to the administration under the authority of the district deputy prefect and the chairman of the rural council.

Since 1972, it has been governed by Decree No. 72-636 of 29 May 1972, concerning the powers of the heads of administrative districts and village chiefs, as amended by Decree No. 96-228 of 22 March 1996, which defines his method of appointment and Termination of office and his or her duties.

However, the above text does not provide for any modality
Compensation or compensation of the Chief of Village, who, despite the numerous charges on his office, does not benefit
A rebate on the rural tax provided for by Law No. 72-59
Of 12 June 1972 establishing the said fee.

However, the State and its representatives recognise the efforts
Of the village chiefs who serve in reality as a bridge between the public authorities and the local people.

Also, at the end of the historic national meeting between the President of the Republic and the village leaders
From Senegal, on Tuesday, July 19, 2011, important decisions
Have been taken by the Head of State to give them, for the first time, a status which values their function, giving it more dignity.

That, Mr President of the Republic, is the economy of this draft decree.

The President of the Republic,

Having regard to the Constitution;

Having regard to Law No. 72-02 of 1 February 1972 on the organization of the territorial administration, as amended;

Given the Local Government Code;

Having regard to Law No. 72-59 of 12 June 1972 establishing the rural tax;

In view of Decree No. 72-636 of 29 May 1972 fixing the powers of the heads of administrative districts and village chiefs, as amended by Decree No. 96-228 of 22 March 1996;

In view of Decree No. 73-703 of 27 July 1973 on the establishment and organization of villages;

In view of Decree No. 2009-451 of 30 April 2009 appointing the Prime Minister;

In view of Decree No. 2011-628 of 16 May 2011 on the composition of the Government, as amended;

In view of Decree No. 2011-634 of 17 May 2011 on the distribution of state services and the control of public institutions, national corporations and public participation societies between the Presidency, the Primatory and the Ministries, as amended;

The report of the Minister of State, Minister of the Interior;

Decrete:

TITLE I
GENERAL PROVISIONS

Article 1. - This status applies to persons exercising the functions of a village chief as a holder or acting appointment.

Art. 2. The methods of appointment and termination of office, as well as the powers of the village chief, are provided for by decree.

Article 3. - He shall be appointed to the Minister of the Interior a file for each village chief containing all administrative documents relating to his situation. No mention should be made of the political, philosophical or religious views of the person concerned.

Article 4. - The Chief of the Village is the representative of the administrative authority in his/her territorial jurisdiction. Before taking office, the Chief of Village shall take an oath before the President of the Regional Court or before any judge delegated to that effect.

Article 5. - The Chief of the Village is bound by the obligation of professional secrecy with regard to the facts and information he is aware of in the performance of his duties, irrespective of the rules laid down in the Penal Code relating to Professional secrecy.

Article 6. - The Chief of the Village shall be entitled, in accordance with the rules laid down in the Penal Code and by special laws, to protection against threats, outrages, insults, defamations or attacks of any kind which he may be subjected to, on the occasion of the exercise Of its functions.

TITLE II. -EMOLUMENTS AND ATTRIBUTES
FROM FUNCTION

Art. 7. - The Head of Village shall receive a monthly allowance in the budget of the State equal to:

-50,000 CFA francs for villages with fewer than 500 inhabitants;

-60,000 CFA francs for villages with a population of 500 to 2,500 inhabitants;

-70,000 CFA francs for villages with more than 2,500 inhabitants.

In addition, in addition to the rebate on the rural tax, it is granted a incentive grant equal to 5 % of the total amount of any other tax or tax allocated to the budget of the rural community which it has collected. 8. -In the performance of his duties, the village chief shall use the following attributes: national flag, official badge and village chief map. The national flag is used to flag its main residence in the village. The official badge of national colours is an attribute of its function. The card allows the village chief to justify his quality, in particular in the performance of his duties.
The models of official insignia and village chief map are fixed by decree of the Minister of the Interior.

The renewal of attributes is the responsibility of the State.

Article 9. - The Minister of State for the Minister of Economy and Finance, the Minister of State, the Minister of Justice, the Minister of Justice, the Minister of State, the Minister of the Interior and the Minister for Decentralization and Local Government are responsible for each In respect of the execution of this Decree, which shall be published in the Official Journal.

Done at Dakar, 29 December 2011

Abdoulaye WADE.

By the President of the Republic:

The Prime Minister,
Souleymane NDene NDIAYE