Rwanda
Ministerial Order determining Conditions and Modalities for Assignment of Requisitioned Land
Ministerial Order 2 of 2017
- Published in Official Gazette 7 on 13 February 2017
- Assented to on 30 January 2017
- Commenced on 13 February 2017
- [This is the version of this document from 13 February 2017.]
Chapter One
General provisions
Article One – Purpose of this Order
This Order determines conditions and modalities for assignment of requisitioned land to a third party.Article 2 – Definitions
For the purpose of this Order, the following terms are defined as follows:1°force majeure: unforeseeable and irresistible circumstances which may consist in demonstrations, declared and undeclared wars, embargo, riots, people’s uprising, epidemics that affect humans or lands, landslides, earthquakes, hurricanes, thunder, floods, civil wars, explosions or other similar phenomenon outside and beyond both parties’ control;2°opposition: any annotation entered in the land register aiming at conflicting the rights of a land owner;3°land requisition: a deprivation of the right of property on land intended for agriculture, livestock or forestry that has spent a period of three (3) consecutive years without production;4°land register: a record of data related to land and owners of land rights. Such a record can be kept electronically or in physical form.Article 3 – Land covered by this Order
This Order applies to land meant for agriculture, livestock or forestry requisitioned in accordance with the law governing land in Rwanda.Chapter II
Procedure for assignment of requisitioned land
Section One – Public notice of land to be assigned and application for assignment
Article 4 – Public notice of a requisitioned land
The Mayor of the District in which a requisitioned land is located publishes the decision of the Minister in charge of land, to requisition a land.The public notice of the Mayor of the District must indicate the following:1°the number of land registration;2°the names of land owner;3°location of land: Village, Cell and Sector;4°the surface area of the land;5°activities carried out on that land;6°opposition or mortgage attached to that land, if any;7°the starting and ending date of requisition.Article 5 – Modalities of publication of the decision taken
A public notice of the decision taken by the Minister in charge of land is displayed at the office of the District, Sector and Cell in which the requisitioned land is located.Article 6 – Competition for assignment of a requisitioned land
Subject to provisions of public procurement laws, assignment of requisitioned land is done in accordance with provisions of this Order.Article 7 – Call for proposals for tender of a requisitioned land
The public notice made by the Mayor of the District of a requisitioned land must include:1°public announcement to persons who want to be assigned the requisitioned land;2°requirements for persons who want to be assigned the requisitioned land as provided for by this Order.Article 8 – Presentation of a land development plan
Any person interested to be assigned a requisitioned land must present a plan which aims at developing that land during the requisition period.Article 9 – Application to assignment of a requisitioned land
Any person interested in acquiring a requisitioned land by assignment must fulfill the form designed for that purpose, attach all the required documents and submit the application to authorities of the District in which the land is located.Section 2 – Evaluation of proposals and decision making
Article 10 – Competent organ
The Executive Committee of the District in which the requisitioned land is located is vested with power to evaluate proposals, take a decision and proclaim the successful assignee of the land.Article 11 – Criteria for making a decision
The decision to select a successful assignee of requisitioned land must be based on the quality of proposals and the financial capacity to develop the requisitioned land.Article 12 – Notification of the decision taken
When the District Executive Committee has decided on the retained proposal, the Mayor of the District issues out a written notice to the successful assignee of the requisitioned land.Other persons whose proposals for assignment of requisitioned land were not retained are notified and granted a period of seven (7) working days from the receipt of the notice to appeal against the decision.After the expiration of the period referred to in Paragraph 2 of this Article without appeal, the Mayor of the District invites the successful assignee for the assignment contract negotiation and its signature.Article 13 – Appeal against the decision
The applicant for assignment of requisitioned land who is not satisfied with the decision taken may lodge a written appeal to the District Council and gives a copy to the Executive Committee of the District that made the decision.The appeal against the decision taken on proposals for assignment of requisitioned land suspends the signing of the contract.Article 14 – Examination of the appeal and decision making
After receiving the appeal against the decision taken on proposals for assignment of requisitioned land, the District Council puts it on the agenda of its next meeting following the date of its reception.When the District Council finds that the appeal against the decision taken on proposals for assignment of requisitioned land is justified, it takes a decision and notifies it to the Executive Committee of the District for implementation.When the District Council finds that the appeal against the decision taken on proposals for assignment of requisitioned land is not justified, it notifies the complainant in writing and gives a copy to the Executive Committee of the District to implement the decision taken.Chapter III
Modalities of assignment of requisitioned land
Section One – Contract for assignment of a requisitioned land
Article 15 – Contract
The successful assignee enters into an agreement with the District in which the land is located.The contract on assignment of requisitioned land must at least indicate the following:1°identification of parties signing the contract;2°number of registration of the land, the Village, Cell and Sector in which the land is located and the person whose names the land is registered to;3°the land use and activities the assignee intends to carry out;4°obligations of the assignee;5°prohibitions for the assignee;6°obligations of the District;7°reasons for termination of assignment contract;8°duration of assignment.Article 16 – Notice of the assignment contract to the Registrar of land titles
The Mayor of the District informs the Registrar of land titles of the contract on assignment of requisitioned land and notifies him/her of any changes made to the assignment contract.The Registrar of land titles enters in the land register any annotation expressed in respect of the assigned land or any changes notified by the Mayor of the District.Article 17 – Termination of the assignment contract
The contract of assignment of requisitioned land may be terminated for any of the following reasons:1°mutual consent between both parties;2°on request by either party after a thirty (30) days written notice;3°force majeure;4°breach of terms of contract by any or both parties.Section 2 – End of assignment of requisitioned land
Article 18 – Reasons for end of assignment of requisitioned land
The assignment of the requisitioned land comes to an end due to any of the following reasons:1°end of the assignment period;2°termination of the assignment contract;3°expropriation due to public interest.Article 19 – Expiry of the assignment period of requisitioned land
When the assignment period of requisitioned land ends before the end of requisition period and the assignee does not apply for extension and the owner of assigned land did not apply for repossession of the land, the Mayor of the District re-advertises for proposals to the assignment of the land.When the assignee of requisitioned land applies for renewal of assignment, a new assignment contract is signed between parties.Chapter IV
Transitional and final provisions
Article 20 – Land assigned before the commencement of this Order
The assignment of land done before the commencement of this Order remains valid until the expiry of the assignment period in the contract.Article 21 – Repealing provision
All prior provisions contrary to this Order are repealed.Article 22 – Commencement
This Order comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda.History of this document
13 February 2017 this version
Commenced
30 January 2017
Assented to