قراءة في التعليمتين الوزارتين المشتركتين رقم 654 و رقم 1808 المتعلقتين بمعالجة ملفات تحويل حق الإنتفاع الدائم الى حق امتياز

Abstract EN

The Law 03 / 10 and the Executive Decree 326-10 provide for the ways to change the permanent right-of-use into concession right as regards farms.

If the examination of the file requires additional details, these files are forwarded to the provincial committees chaired by the governor to review them.

However, this committee has, indeed, faced difficulties, the most important of which are the assignment of the right-to-use by the members of the farms who have benefited from the provisions of the Law 19-87, either by virtue of a non-recorded notarized deed or a private deed, such documents are excluded as stipulated by the Law 03-10, as well as the conclusion of agreement, by the initial operators, with third parties.

Besides, there are illegal buildings inside the farms.

Questions were also raised as regards the Mudjahideen (holy warriors) and right holders who are considered as beneficiaries pursuant to the law, yet they do not hold award decisions, in addition to the surface difference between the administrative deeds and the plan of delimitation, and the purchase of several lots in the farms.

Subsequently, the Interministerial Note No 654 was issued on September 11th, 2012, followed by the Interministerial Note No 1808 dated on December 5th, 2017, both reviewing the files related to changing the right-of-use into concession right by the provincial committee in order to regularize all the situations that damage the rational exploitation of agricultural lands.