Posted by Hind Mukhtar
Wednesday, May 17, 2023 02:01 PM
The Cabinet approved a draft law amending some provisions of Law No. 144 of 2017 regarding some rules and procedures for disposing of private state property.
The amendment stipulated that the period prescribed for submitting applications from squatters to the competent administrative authority to legalize conditions be opened for a period of 6 months, starting from the date of implementation of the provisions of this law, with the possibility of extending this period for another similar period by a decision of the Council of Ministers, and the disposal is either by sale or lease ending with ownership. or by authorization to use.
The amendment also provided for the formation of examination committees in each competent administrative authority, by a decision of the minister, the governor, the head of the authority, or the head of the agency, as the case may be, provided that it includes technical, financial and legal elements, the job level of its head is not less than a general manager or his equivalent, and it is specialized in examining applications and documents. submitted in accordance with the provisions of this law and decide on it, and the committee may request the completion of papers from applicants to legalize seizure in accordance with the established conditions and controls.
The amendment also provided for the establishment of committees to consider grievances, so that the concerned parties can complain before them about the committee’s decision after its approval, within 15 days of announcing it to them. The grievance is considered by one or more committees formed at the headquarters of the governorate or the competent administrative authority, by a decision of the minister, governor or president. The Authority or the head of the agency, as the case may be, and the grievance review committee includes technical, financial and legal elements whose job level is not less than a general manager or the equivalent, provided that neither its head nor any of its members has held the presidency or membership of the aforementioned applications examination committees.
In addition, a new article was added aiming to codify the issue of collecting consideration for benefiting from the squatter with an indication of the effect of paying this consideration in relation to the criminal case or the execution of the penalty, and it reads: “Without prejudice to the relevant laws and the contracts in force for the administrative authorities, the competent administrative authority is bound in cases that Land grabs are not legalized for any reason, as well as in cases where it is impossible to remove encroachment on lands designated for public benefit, by collecting usufruct from the landlord, provided that its value does not exceed 100 pounds per square meter annually, increasing by 5% each year, to Upon completion of the removal of the infringement, and in the event that the competent administrative authority fails to collect the aforementioned consideration, within two months of the implementation of the provisions of this law, the competent governorate shall be obligated to collect it, provided that 20% of the consideration for the collection procedures is transferred to it, allocated for the projects of the governorate.
The new article also stipulates that: “The Prime Minister issues a decision specifying the categories of this consideration in accordance with the proposal of each competent administrative authority, provided that the decision includes the necessary controls for the application of this article, and indicates cases of total or partial exemption from collecting the usufruct consideration, and it entails paying the usufruct consideration.” The criminal case lapses, and the Public Prosecution orders a stay of execution of the penalty if payment is made during the execution of the penalty.