20" hawt &TC S 20° Year No 5 UC AC VAC 19 +4 2007 9.9 Bahir Dar 28"November 2014 OATRRL bok AAR APHEALE CENA PANE Ndoek NAAR G72 PAC Lt mWnd-h? ZIKRE-HIG OF THE COUNCIL OF THE AMHARA NATIONAL REGIONAL STATE IN THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA PAT P20 | AAV Adee hare | ISSUED — UNDER THE 35.60 Oy PHC AUSPICES OF THE COUNCIL Price Maer Po OF THE AMHARA NATIONAL, REGIONAL STATE 7-55), CONTENTS £70 £9C 124/2007 9, i 4/2014 DAM Adeek NA oF 27- Phe? AD APES PHA AEF LIVE A, He WRRYLF PHAGE A-AC GOAT HAA GATALC PHC LT LIN The Amhara National Regional State Urban Land Clearance and Compensatory Cases’ Appellate Tribunal Establishment and Working Procedures’ Determination, Council of Regional Government Regulation £70 £06 124, 4 MAI AdheoR NAAR oy IM7 Phty 0 WAP ES PHA PAT LIVE AL PAD ARLES PAGO A-ACHET Await PON HAA PATALC PHC LA KIN Regulation No. 124/2014 A COUNCIL OF REGIONAL GOVERNMENT REGULATION ISSUED TO ESTABLISH THE AMHARA NATIONAL REGIONAL STATE URBAN LAND CLEARANCE AND COMPENSATORY CASES’ APPELLATE TRIBUNAL AND TO DETERMINE ITS WORKING PROCEDURES’‘RA-MNGT 2_ HEC § VAC 19 49 2007 9.9" Zi His Gazene NoS.28Davof Noanixe 2014. Page 2: NIG Ads Pht? AZ AN APE anc 721/2004 9.9° AFPR /30/ OH ATOR NF LVF ARNEOF PhAA GAT EC PHC Lt Aone PAN RIN HTC 1038/2004 4.9 APR 153/ “HOH AdbR AIAG Phetey OF MAPES Cha BAER LUG A 2% AILS ereI17 Neos: Paty A WMAPES PHA PARE 20% 4% 2-04 NcoANT baer AA ahaa PATEL PRC LA MhA ort aAahues AANA PBPa-> comee arc 40/2000 3. hha Pht? abr an APES nhAA Ate VALOOLP LYN keC 1038/2004 9.9° &7929% oc atnme ARAT VAMAT PRIN REF TATED ATAON ILL ANAL VF NooTy bi MAF hhtey as MA->S Nha TARE DC PbS ET ALAR OPA PR AChR AEP Ow ANRROVM- ANU HAP PCA AbPAMs VLA MLO? Ot OLE TONN NIALTE ILL NMEAPI WHEREAS, it has been prescribed under the Provisions of Art. 30 Sub-Art. 1 of the National Urban Land Lease Proclamation No.721/2011 and Art. 53 Sub-Art. 1 of the Lease Regulation No. 103/2012 issued by the Council of the Regional Government in order to implement the said proclamation that there shall be established an Urban Land Clearance and Compensatory Cases’ Appellate Tribunal; WHEREAS, with regard to the Urban Land Clearance and Compensatory Cases Appellate Tribunal, it has been found necessary to revise the existing Directive No.40/2008 which was Previously issued by the Council of the Regional Government and made operational to date in such @ way as to harmonize it with the provisions of the new Urban Land Lease Proclamation and the Region wide implementation Regulation No. 103/2011 so that an instrument would be issued, having acquired the status of a regulation per’ se; WHEREAS, it has become necessary to enable service seekers formally submit those disputes land and and amidst implementation to this tribunal that may be Pertaining to urban clearance compensatory cases arising established in urban centers and thereby cause them to be provided with appropriate decisions or orders in an expeditious manner;PAN HAA wATASC PHC 17 ALTA PNdeR NAA a1-00 F707 ATER (58/100 WTPR 17/ AT Oe HAAR oH VE HAIN, ANA IRK7.L APE kTC 176/2003 9.9 NPR /35/ WON AIP MM) L41ILPF AC AtAma- DANG ALT LUI RIM ho-vdA:: NEA AIL mead 1. APC COA Lv LIN ehbT A MAPS HA PAPE LING A711 IRR LT PANGC AACS = woah — HAA PATALE PULA LM EC 124/2007 TP" bee Amend LAA: 2. FCA PP AMM AA FCMP PALLAMar HAUY APEC ALY LN OaT: 1. “£20 0°, 0%" VAT CHET AS MATES PHA TAMED Nexeoaht PRPCOANY KLIN Alek DP Mare AT MY AO Atrio MAN wad ANTE Acon's MhtPt oar etrkRa oy roneeye AHA tari NOW, THEREFORE, the Council of the Amhara Regional Government, in accordance with the powers vested in it under the provisions of Art. 58 Sub-Art. 7 of the Revised National Regional Constitution and Art. 35 Sub-Art. 1 of the National Regional State Executive Organs 176/2010, Establishment Proclamation No. hereby issues this Regulation. PART ONE GENERAL 1. Short title This Regulation may be cited as “The Urban Land Clearance and Compensatory Cases” Appellate Tribunal Establishment and Working Procedures’ Determination, Council of the Regional Government Regulation No. 124/2014.” 2. Definitions Unless the context requires otherwise, in this regulation: 1. “Appellate Tribunal” shall mean that body established or to be established in urban centers so as to examine and decide on petitions of appeals submitted to it in relation to the urban land clearance and compensatory matters pursuant to the powers vested in it under the proclamation and this regulation;1R-4-WNe-V7 INO TC § VAG 19 $F 2007 9.9 Zikre Hig Gazette No 5, 28-Day of November 2014, Page -4- 2. R70 Lo AHA" VAT NhAA wT PTI O-F CHE A AWTALC AT AVANT NUD AAND Prima Aha ram,t aha 7A NDR HL erent Phte7 OD MY RID comer AVI Th ANA ATRAP Pe70ADNA THOP ho AI Ao AHA or, O27 TOU histo Ag AVL MO PILE NAL oOLP ATH = @L9 Nuaky 7.6.09" NEL roi 4°" FWA PAN NER HAA FIT AIAECT NED AWM MC rai ‘APR’ A Pheer AD NAD Aden NVIC APE L2H POM APE &PC 721/2004 9.9 rari a 3. PHERLIT ONT LU Rr MAA wAP 17.7% Deh 2907 LUTA:: 2. “Appropriate Organ” shall mean an organ lawfully authorized to administer and develop urban land throughout the Region; 3. “Compensation” shall mean payment to be effected, in kind or cash or both, with the decision or order of the appropriate organ in favor of a person who may be compelled to evacuate the plot of urban land he had lawfully occupied, on account pursuant to this in view of the property Temoved there from; shall mean the Amhara National Regional State Industry and of public interest, regulation, 4. “Bureau” Urban Development Bureau; 5. “Proclamation” shall mean the Urban Land Lease Holding No.721/2011 issued at the national level. Proclamation 3. Scope of Application This Regulation shall apply to urban centers found in the Regional State.1 _beC $ VEC 19 > HEA VAT AA bere? AD MAAS ES PHY DART LI0% AY FA RRP CANE TFET DAN 4. AA FARO WRRPS badrt Lehre A IMAP ES PHY DART LVF 17, 7% hiv 194 “2-0Ro-” arraa Perm anv LI TRETDAT 2, Phar bart APRTULT Ato hry OL" w2k ANTERCG PHC A LUGA:: 5 0A PAO = ANA OARS hurr oat LNBTCTALIG MA Phe? AataRey PRA AMAT P2ALCA- AIM LAo Pht PRC AAT LVTAE 2NMIE VAG AFR. DEP OT APF PROD ANAT hbo Poet O24 ANALG PHC 1A LALOIAE 7 4.9" Zikre Hig Gazette Ne 4, PART TWO ESTABLISHMEN, MEMBERSHIP COMPOSITION AND POWERS OF THE URBAN LAND CLEARANCE AND COMPENSATORY CASES’ APPELLATE TRIBUNAL 4, Establishment and Accountability of the Tribunal 1, The Urban land Clearance and Compensatory Cases Appellate Tribunal Mhereinafter referred to as “The Tribunal’/ is hereby established under this regulation. 2. The Tribunal shall, as appropriate, be accountable to either the Council of City or Woreda Administration wherein it has been established thereof. 5. Designation and Removal from Office of Members of the Tribunal 1. The appropriate City Council shall designate members of the tribunal in metropolitan and other ~— city administrations. 2. The Council of the Woreda Administration, in which the urban center is embraced, shall designate those members of the tribunal in Municipal and emerging towns.1K-6-WhE-V7 JU] #PC $ VAC 19 #7 2007 9.9° Zikre Hig Gazette No 5, 28 Day of November 2014, Page -6- 3. NUD ATP FON ATER M/ oL7 3. The organ specified under either Sub.Art. 22) AC PraoAtta- AHA MU RH wey PAP TFaS PERK ANAT NEA BLIP NowA AIRANLATTE hae P71 O29 hurr e747 AN) PAPE AA: 6 AAMIAO ANA ANTCT PAI PING VED LNBETALIG AAA ete? AATARCT CURRorG- 720% HNL OFF Prova? AIA LEGA vu. A Pht Vo FIL wPce aL PT RIL 3A —— ANAT A, ChEIO WICT OPC! OL PF Rit tohe — ANAT a, PhbIo PVI-OT SCT emhanagy Kr MHI K/L tone — —- AMAT w Abb Io OAT D5 Foor AAA IIb KCPE CUrT NVUNCAN Proocar 2 toh (AIL OIG AIA 47). see AMAYT 1 or 2 of this Article hereof is equally authorized to suspend or remove from office part of or the entire membership of the Tribunal designated by it in accordance with this regulation, as deemed necessary; 6. Composition and Ethical Conduct of Members of the Tribunal |. The Tribunal to be established in the metropolitan and other city administrations shall have the following members: a, Head of the city’s Mayoral Office se Chairperson; b. Head of the City’s Trade Department or Main Office .. oe Member; c. A- representative of the city’s Agriculture Department or Main Office .. member; d. A representative from the City’s Unlawfully Acts Prevention and Regulatory Enforcement... member; e. Two representatives, (one man and one woman), from among the residents of the city who have lived therein for not less than five years and been chosen by the community . jembers;2. tht ia FV R/T tohe AMAT OY4:: 2 AMI We AF NAL heey Pe7kRooo Mh hhv Art PraonheT ANA LEGAL UV. POLAa~ HATARC RIL DA —~ > = 8 R = 3 + 2 R 2 4 2 5 ¥ y & ah, Pacha ANIM TAF PIMC Pot ANTARCT AmPoP PS RIGA POL ———————- AMA , POLLO AATARCT APD PARE Pg KIL toOhe — Ana: wy, ht Io oT HB Food Arr Ub SéP% furs Newnan Proce 2 tone (ADL OFSF NIAAA A) —— AMAA 2 The Tribunal to be established in municipal and emerging towns shall have the following members: a. Head of the Woreda’s Administration Offfice .........0.s+++ Chairperson; b. Head of the Woreda’s Main Office for Trade a... member; c. A representative from the Woreda’s Main Office for the Environmental Protection, Rural Land Administration and Use ... member; d. A representative from the Woreda’s Main Office for Administrative and Security Affairs ...... member; e, Two representatives, (one man and one woman), from among the residents of the city who have lived therein for not less than three years and been chosen by the community ...... 4 +. members; f. A representative of the Woreda’s 4. Pacha, StU R/T tohe AMAT OY4:: Justice Office .. member and secretary. 3. MV ATOR FON AIP /1/ O27 /2/ 3. Where the required composition of ALT PAPO PR ANAT ATC MhtereE one PPR VT NWT member of the tribunal to be designated in accordance with Sub-Art.1 or 2 of thisTH8-UNE-V7 DW HTC 5 VAC 19 +7 2007 9.9" Zikre Hig Gazette No S.28-Day of Novener 2014, Page -3- Lib AL AHA Anew b20+ harto- Se PPLE AIT ALLA LPAI 4. DU NAL NIA AER /M/ AA /3/ NEG LF IBPF oad veyArar.7 PE AMAT ANS For an PNGTOF AVN TEP gATo TERT — PM AOOINTO- aos LECUFPA: 7. PRO AANTT +79C PAG MY REM comer Poynter UCU NANI FIC BESEHA:- 1. AAPR. NFR /29/ 30-0 AER /3/ OC APRN ALY AIA PAG AHA Nimo or, FC PEAY TOP MTEL Orso NRCA@- 130 $57 ONT PLIV Ako} ANIET PELNAT NIRV LU tebtlte LOOPED PAGAL NREL O'Lo> = LOTA: LATAA wer LUCAI 2h wh hchet? “2arc beth Phtey Od AAT AT had ev Ur P62 VIC hchet oc +eLH0- Article hereof is found to be lacking in the urban centers, the designating organ may select persons from other institutions having to do with the duty and thereby assign them with a view to meeting the shortfall; 4. Members of the tribunal to be designated in accordance with the provisions specified under Sub-Arts. 1-3 of this Article hereof shall be persons recognized for their competence, good ethical conduct and trust worthiness due consideration of public interests. 7. Powers and Duties of the Tribunal The Tribunal shall, pursuant to this regulation, have the following specific powers and duties: 1. Receive, examine and thereby confirm, vary or reverse the decision, as may be appropriate where any applicant aggrieved with the decision rendered by the appropriate body in accordance with the provision of Art. 29, Sub-Art.3 of the Proclamation has prepared and submitted to it a petition in the form of an appeal within 30 days from the date of having been communicated therewith; 2. Render final decision on those cases pertaining to the provision of substitute plots of urban land as well as other legal and factual disputes, with the exception of19-7 JAG § VAG 19 P 2007 4. Zikre His Gazette No’, 28Day of November 2014, Page 9: » a n AVPCHAT TARE AL Pood Or LANA PANTO Ore Pt PNBOTAL . OR HT AATARC HAA AtmPAa PIMC AMIE OLP PAPE OAT AT PND WATE PART AL LONTAE THAT OAR AL AewSch hdsA7 UT ALTHO AIS OF ANH ARCO R20 R&R Bawah Ar DAR AVeahsFo- AAT Pio coc AACHAT — LMLPIAr NAV AACE NAVY CLADE OD ov 24-PF- hAMCH 24Fos APNA LTAAE P26 OL LAT POM POPP ET Rat AA AtLU: Pde ALI KO- UT ATL AT NAME PREDAL eae hta-+> hhowAnT AAPero- AHA NPAT 0% 67CHE ANDRE PPCAAT: compensation claims, and thereby cause the enforcement of its decisions thereof; . Decide on land clearance cases arising in those rural areas or kebeles which have been incorporated within the boundary of city administrations; Where it finds it necessary to arrive at a valid decision looks around the place having moved to the site, ask for the production of evidence on the part of the concemed bodies as well as possibly call for those experts whom it desires to show up as witnesses and thereby receive their statements; Cause the preservation and maintenance of joint discussions, minutes of decisions and other documents in a record duly prepared for such purpose; Prepare quarterly performance reports with regard to its activities and thereby submit to the body that has designated it.10 -whé-v" SC HEA hat AA PAO AIT PHIATE Hoo PANAA ABT Pore AdN? oocy 8 AAPA ANA PAIATIT Hoo> 1. PPM ANA PAIATAA Hoo? 3 Foor grsas: 2. MY ADR WOO AIR M/ aC PtRi110- PCr 7Nho-s PArcom AHA AAIADT AL PEPa- PA AGOd ATLPTA ANLAL UT LTO NIRV LUT > ANTS beers PATA APRCUP ALRCD LEA: Nao} % HAA WhIOF AZ 1. PPMA@ cmRN® eae Thray Ad ALAM Fo — PRRooN hee? NIA RMT OL Poe AATARC RIL LVTAL 2 Mhro Prk ont hry o27 OZR RATARC RILIP NTC Ma ont Ade PLLndAro-t QE PMI LVF» Aho vLAY Vr Akerka PRAT UAL L£ECIFA PART THREE TENURE, MEETING TIME AND DECISION MAKING PRINCIPLES OF THE MEMBERS OF THE TRIBUNAL 8. Tenure of Members of the Tribunal 1, The tenure of members of the Tribunal shall last 3 years, 2. Notwithstanding the provision of Sub- Art.l of this Article hereof, where the organ that has designated the tribunal finds the latter necessary to still remain on duty, it may allow its tenure to extend for one additional term. 9. Seat of Duty 1. The regular seat of duty for the Tribunal! shall, as appropriate, be either the city mayoral’s office or that of the Woreda administration pertaining to its very establishment; 2. The office the City or Administration in which the Tribunal is Woreda established shall have the responsibility to Prepare the office facilities required for the duty within its premise and fulfill same with manpower and equipment.IR-11-1he-07_ QM 4G § VBC 19 47 2007 4. 10.00 FARO PANAN AT Paorde AAMT O7-ACIr 1. Pa ZN ANANOs AIHA 1 Ub PALAAL: UTP NPA ATS OMAN PE ABAD Ue ALTO ANALO HIPs AA 1 ODT MAO AANA LFAAE 2 PAGE PPO HAVE PPA AIT hhHA LEI Ader eoLU YT NANA AL ATES Dive eohha AT ATUNEA Prod AIA Pr AZIIP VO? 3. For PAL Nhid@ az APTE PPMAO- ANA Droohent 132A NANA LIPO PPR NIRVY PPba ote UT PAGAL USP LPO AMA AANA eEhLA NTRVY ANALo- PRI VIN PPho Ole LUTE 4. BMA@ AdoF NTLHTOIN 2 NLM O PRADA A-ACIT VT LIE hLawepr: 10. = Nos of November 2014, Page -I1- Meeting Time and Decision Making Procedure of the Tribunal The Tribunal shall hold its regular meetings once in a week; provided, however, that the chairperson may convene the tribunal in @ period of time less than a week where it finds it necessary in view of the enormity and complexity of cases; . There shall be a quorum where at least four out of seven members of the tribunal show up at the meeting and one of such members present is ascertained to be a member drawn from the community; . Any issue shall, after having been deliberated upon by those members of the tribunal present at the meeting, pass, having acquired the status of the decision of the tribunal, where it is supported by the majority vote; in case of a tie, however, the proposal favored by the chairperson shall become the decision of the tribunal; 4, The Tribunal may not be governed by the ordinary provisions of the Civil Procedure Code while carrying out its duties.ll. FAo- hare AM AM AIA taPerr 1 PRO = ANAT PMANT Os Wert WATE AY KIA OSTA — AKA mgmt AANFo-i CUT VAP PPM ANE Are ohew ADLAAERT ITF OP ods AAT MATINMA = RCH tM Pe PT Saris » 3. No-Aso- ART LA ATL Lo 1 A-7-@- OAT NAR POADT LECALAI 4, Née-a-d ALnT at PAC TLAT PALATE TF OP PDO ANA PAE Atha AHA $n Tek Preo1Mnnt ATLUY DAMATE ADA ALLD LAA: 11. Operating Principles of the Tribunal and Accountability of its Members 1. Members of the Tribunal shall’ discharge the responsibilities entrusted to them with impartiality, loyalty and honesty; 2. All members of the tribunal shall equally and collectively be liable for any decision which they have discussed and passed on in common; 3. Where there appears a diverging opinion in any decision, it shall be explicitly indicated in the minute; 4. Where an ethical misconduct is shown vis- a-vis a member of the tribunal while carrying out his duties, he shall be removed fiom his membership by the designating organ once his case has been presented and was found to be guilty of such misconduct thereof.M #PC § VAC 19 +> 12, A790 ANA ANTHEA ANA 1 PRA ANA PL DAME APTPNA ATVLENT AALTRIA OF ARBACTARIG AAA ehetey ANTARCT AU APY PAC 50 WP AC) AF NMR Ua oLe OF47, HEP T AU LIP PAC 30 feat AIC) ANA EA hE LEAF PAL 2. ANA arn et Arran NANAlo- n7bCn 1297, MALT NO Pet AL taro ATANLAFOr LACOAT 3. PANA HELa-F MAM PrRKooN7- hte? AAPARC! MIR 7 aL FAD, NE LAGTA:: 12. it azette Allowance to be Paid for Members of the Tribunal Members of the shall be individually paid a monetary allowance of tribunal Birr $0 /fifty Birr/ in metropolitan and other city administrations or Birr 30 /thirty Birt/ in municipal or emerging towns in return for their daily services by way of reception and examination of appeal cases; . The shall, having been calculated on the basis of those days on which they work and consolidated at the end of each month, be paid for them following the verification of such records allowance on the part of the chairperson; . The city administration, municipal or emerging town in which the tribunal was established shall cover the payment of such an allowance.HEA Act AR AR LIP FE 13, Poot NC 2L- TOP Prere to OL NV? Phere colt Prima AHA PiLvT RM LPT AMAT NLL tor ALY AAS AMC ATRLLOD Cine? PootANc 723° Aan: 14. AATIGG PERLIT NAVE CFO ure 1, MAG AL Sr Pht? OJ MADE TAPE LF WRRUEG PANEC Ay ACT ans cvovee &PC 7/1995 4.7 (Newmee kr 40/2000 4.7" aperdtia) Fie anu 270 tna . DY RIM IC PPLE ITT ory AA RIM evovee wey erAag ANGE MV RIN OAT MT? TART AL PITT ALTO: 15, POV DIC! RIDE 1 ARTETA Pht? hdraecyt oar AhbLovw- ATR 0-7 Phe? th 742 F/T ’CNo- NawFP AL LAT OAR PLATT 13. 14, 1, 15. 1 1K-14-WheV7 JH ATC § VAC 19 #9 2007 9.9" Zikre His GazetteNo 5. 28Davof November 2014, Page <4 PART FOUR MISCELLANEOUS PROVISIONS Duty to Co-operate Any natural person or juridical body shall have the duty to cooperate for any kind of activity to be made in order to execute the provisions of this Regulation where he is required to make such co-operation. Repealed and Inapplicable Laws The existing Urban Centers Land Clearance and Compensatory Cases’ Appellate Tribunal Establishment and Determination of Working Procedures’ the Directive No. 7/2003, (as amended by the Directive No.40/2008), is hereby repealed and replaced by this regulation. . No other regulation, directive or customary practice inconsistent with this regulation may apply to the matters provided for therein. Transitory Provisions Urban land clearance and compensation payment cases having been submitted to the municipal established courts previously in the metropolitan cityPhere? AD MAPS PHY ANE. TAPE ANY RIN ORTRReoa- £% 4%. Pome dt AANA LIF AI tHo-do- 2. 20 RM ANd AZ hovPa. 127 ANN Aho AHA AL-to- w-r15 PrAmto- STOP PART U2ei Fo tans t2E AtoOArNA AIA 14.279 9-For- LETAAT: 16, OVE? PINE AANY 1Co PHU RIM LLP FH TA UE ar71n6.07" PRLALATTNS wag PPT PONA:: 17, RUE P°LOGNT Ub LU RIN AAA CFD Whe AI ED PEP HhoMlt $3 BPC ces LUGAH qucac VAC 19 $% 2007 4. 1 NIACITO- PAM Nek NAAR oI COA PATALC 16. 17, ‘IRAS-Wh2-V7 JM 4G § VAC 19 #5 2007 9.9" Zikre Hix Gazette No 5,28Day of November 2014, Page -15- administrations and which have not yet obtained decision shall be referred to the Appellate Tribunal established by this Regulation and thereby secure final determination; 2. Any cases which have been reviewed and obtained decision by the appropriate organ prior to the implementation of this Regulation shall be implemented in a manner in which they have been decided, with their legality being maintained. Power to Issue Directives The Bureau shall issue directives necessary for the full implementation of the provisions of this regulation. Effective Date This regulation shall come into force as of the date of its publication in the Zikre-Hig Gazette of the Regional State. Done at Bahir Dar This 28" day of November, 2014 Gedu Andargachew Head of Government of the Amhara National Regional State