TITLE V. OF THE TERRITORIAL ORGANIZATION OF THE STATE
SUB-TITLE I. OF THE GENERAL PROVISIONS
Article 139
The Decentralized Territorial Collectivities, endowed with juridical personality and with administrative and financial autonomy, constitute the institutional framework for the effective participation of the citizens in the administration of public affairs and guarantee the expression of their diversities and of their specificities.
They possess a patrimony including a public domain and a private domain that are delimited by the law.
Lands vacant and without owner are part of the domain of the State.
Article 140
The Decentralized Territorial Collectivities are provided with a regulatory power.
The State sees to it that the regulation of one Decentralized Territorial Collectivity does not affect the interests of another Decentralized Territorial Collectivity.
The State sees to the harmonious development of all the Decentralized Territorial Collectivities on the basis of national solidarity, of regional potentialities and of the inter-regional equilibrium by provisions of adjustment.
Special measures will be taken in favor of the development of the least advanced zones, including the constitution of a special fund of solidarity.
Article 141
The Decentralized Territorial Collectivities assure with the participation of the State, notably, public security, civil defense, the administration, the territorial development, the economic development, the preservation of the environment and the amelioration of the framework of life.
In these domains, the law determines the division of the competences in consideration of the national interests and of the local interests.
Article 142
The Decentralized Territorial Collectivities enjoy financial autonomy.
They prepare and administer their budget according to the principles applicable in the matter of the administration of the public finances.
The budgets of the Decentralized Territorial Collectivities benefit from the resources of diverse natures.
Article 143
The Decentralized Territorial Collectivities of the Republic are the Communes, the Regions and the Provinces.
The creation and the delimitation of the Decentralized Territorial Collectivities must respond to the criteria of geographic, economic, social and cultural homogeneity. They are decided by the law.
Article 144
The Decentralized Territorial Collectivities freely administer themselves through assemblies that govern, through their deliberations, the affairs devolved to their competence by this Constitution and by the law.
These deliberations may not be contrary to the constitutional, legislative, and regulatory provisions.
Article 145
The representation of the State before the Decentralized Territorial Collectivities is governed by the law.
Article 146
The State engages itself to implement the following measures:
- division of the competences between the State and the Decentralized Territorial Collectivities;
division of the resources between the State and the Decentralized Territorial Collectivities; division of the public services between the State and the Decentralized Territorial Collectivities.
Article 147
The resources of a Decentralized Territorial Collectivity include notably:
- the product of the taxes and assessments voted by its Council and directly received in favor of the budget of the Decentralized Territorial Collectivity; the law determines the nature and the maximum rate of those taxes and assessments taking duly into account the charges assumed by the Decentralized Territorial Collectivities and the global fiscal charge imposed on the Nation;
the part that reverts to it by law on the product of the taxes and assessments received in favor of the budget of the State; that part that is automatically deducted at the moment of the collection, is determined by the law according to a percentage that takes into account the charges assumed globally and individually by the Decentralized Territorial Collectivities and to assure a balanced economic and social development between all the Decentralized Territorial Collectivities on the whole of the national territory; The product of the subsidies, allocated or non- allocated, consented by the budget of the State to all or each one of the Decentralized Territorial Collectivities to take into account their particular situation, or to compensate, for those Decentralized Territorial Collectivities, for the charges caused by the programs or projects decided by the State and implemented by the Decentralized Territorial Collectivities; The product of non-refundable external aid and the product of donations to the Decentralized Territorial Collectivities; the revenues from their patrimony; the loans of which the conditions of subscription are established by the law.
SUB-TITLE II. OF THE STRUCTURES
CHAPTER I. Of the Communes
Article 148
The Communes constitute the basic Decentralized Territorial Collectivities.
The Communes are urban or rural considering their demographic basis reduced or not to an urbanized agglomeration.
Article 149
The Communes participate in the economic, social, cultural and environmental development of their territorial resort. Their competences take into account essentially the constitutional and legal principles as well as the principle of proximity, of promotion and of defense of the interests of the inhabitants.
Article 150
The Communes may constitute themselves in groups for the realization of projects of common development.
Article 151
In the Communes, the executive and deliberative functions are exercised by distinct organs and elected by universal direct suffrage.
The law establishes the composition, the organization, the attributions and the functioning of the executive and deliberative organs as well as the mode and the conditions for the election of their members.
Article 152
The Fokonolona, organized in fokontany within the Communes, is the basis of the development and of the environmental and socio-cultural cohesion.
The responsible persons of the fokontany participate in the elaboration of the program of development of their Commune.
CHAPTER II. Of the Regions
Article 153
The Regions have an essentially economic and social vocation.
In collaboration with the public and private organs, they direct, make dynamic, coordinate and harmonize the economic and social development of all their territorial resort and assure the planning, the territorial development and the implementation of all the actions of development.
Article 154
The executive function is exercised by an organ directed by the Head of Region elected by universal suffrage.
The Head of Region is primarily responsible for strategy and implementation of all actions of economic and social development of the region.
He is the Head of the Administration of his Region.
Article 155
The deliberative function is exercised by the Regional Council, of which members are elected by universal suffrage.
The Deputies and the Senators from different circumscriptions of the Region are members by right of the Regional Council, with deliberative voice.
Article 156
The composition, the organization, the attributions and the functioning of the executive and deliberative organs as well as the mode and the conditions for the election of their members, are established by the law.
CHAPTER III. Of the Provinces
Article 157
The Provinces are Decentralized Territorial Collectivities endowed with juridical personality, and with administrative and financial autonomy.
They assure the coordination and the harmonization of the actions of the development of provincial interest and see to the equitable and harmonious development of the Decentralized Territorial Collectivities in the Province.
The Provinces implement the policy of the development of provincial interest defined and ordered in the Provincial Council.
In collaboration with the public and private organs, they direct, make dynamic, coordinate and harmonize the economic and social development of the whole Province and assure, as such, the planning, the territorial development and the implementation of all the actions of development.
Article 158
The executive function is exercised by an organ directed by the Head of Province elected by universal suffrage.
The Head of Province is the first person responsible for the strategy and the implementation of all actions of the economic and social development of his Province.
He is the Head of the Administration of the Province.
Article 159
The deliberative function is exercised by the Provincial Council whose members are elected by universal suffrage.
The Deputies and the Senators from different circumscriptions of the Province are members by right of the Provincial Council, with deliberative voice.
Article 160
The composition, the organization, the attributions and the functioning of the executive and deliberative organs, as well as the mode and the conditions for the election of their members, are established by the law.
