The Ministry of Public Works and Water Resources
Ministerial Decree number 402 for the year 1996
Dated 22/12/1996

The Minister of Public Works and Water Resources
After viewing law 12 for the year 1984 regarding issuance of irrigation and drainage law,
A decree of the Minister of Irrigation number 14717 for the year 1987 concerning the issuance of the executive regulations of law 12 for the year 1984,
The minutes of the commission formed by the ministerial decree number 289 for the year 1990 relating to reassessment of the charge of the crop damage resultant from implementation of irrigation and drainage projects,
The Minister of Public Works' resolution number 36 for the year 1991 pertaining to determination and assessment of the crop damage,
What is presented by Mr. Eng. \ the Chairman of the board of directors of the Egyptian Public Authority for Drainage Projects,
And our approval,

Has decided:
  
Article one

A committee or more shall be constituted at the level of the public departments for drainage and projects of the Egyptian Public Authority for Drainage Projects as follows:
Engineer of the public department assigned with the implementation of the project………………………………………………………......................................................reporter,
Representative of the company of the contracting works or the contractor implementing the project……………………………………….........................................................................…member
The director of the agricultural society of the Ministry of Agriculture who is charge of the project area……………………………………...............................................................................….member
A member of the board of directors of the agricultural society who is nominated by the society's board of directors…………………….....................................................................................................member
The sheik of the village that follows the project area……….............................................…member

Article Two :

The committees referred to in the previous articles shall have the following authorities:

A) Determination of the different cultivated areas that are damaged as a result of implementation of covered drainage projects.

B) Assessment of the compensation for the crop damage that is due for the farmers according to charge categories of compensations for agricultural crops, vegetables and damaged fruit trees stated in the table attached to this decree.

C) The committee shall assign the contracting works company or the contractor in a month at the most from the date of damage with presenting statements to the committee in which owners of damaged crops, the area belonging to each one of them, type of damaged crops and date of damage are specified. The contractor may share this matter with the agricultural society and the competent sheikh of the village.

D) Areas of damaged crops shall be announced according to the statements submitted to the committee which illustrates the area, name of each holder and the value that is due for a month on the bulletin board of the agricultural society, the District and the Mayor's centre.

E) Those who are concerned shall have the right to present their objections on the statements referred to in clause (d) within a month from the date of announcement. The objections shall be discussed during the following month after the end of the announcement month by the committee mentioned in article one.

Article Three

In case of the absence of any objections or rejection of objections presented, statements of compensations of damaged crops shall be considered final after being approbated by the competent committee. The competent department shall take the measures ensuring payment of compensations of damaged crops to their beneficiaries at the agricultural society or the Mayor's center based on these statements in the presence of the sheikh of the village and agricultural supervisor.

Article Four:

A) Compensations categories stated in the table attached with this decree shall apply to compensations of damaged crops for covered drainage projects.

B) Other cases for which no category is stated in the enclosed table shall be presented to the board of directors of the Egyptian Public Authority for Drainage Projects to identify the category suitable for the compensation.

Article Five

The compensations shall be paid at a period not exceeding three months from the damage occurrence.

Article Six

If it is difficult to pay the compensation for crop damage due to the lack of identifying the legal beneficiary or the occurrence of a dispute between the parties concerned either concerning the reason of payability or the value that is due for each one of them. Compensation shall be deposited as a trust till the settling of the disputation is done whether amicably or judicially.

Article Seven

The person concerned shall be obliged to submit a declaration of his penal accountability, before receiving the compensation, if it is proved in the future that he is not entitled to receive the compensation and that he is committed to pay the money as well as the bank interests starting from the date of receiving the compensation amount till the date of returning the compensation.

 Article Eight

Every provision violating the terms of this decree shall be annulled. The authorized gentlemen should exercise the implementation, each in his capacity.

Article Nine

This decree shall be published in the Egyptian Gazette, and shall be in effect starting from the day following the date of publication.

Vice-president of the Cabinet
The Minister of Agriculture and Land Reclamation
And the charge' d' affaires of the Minister of Public Works and Water Resources
Dr. Yousef Wali