Declaration Determining Reversion to the Federal Estate of Real Estate Transferred to the Government of the State of Morelos

DOF: 21/03/2024

DECLARATION by which it is determined that the real estate that were transferred to the Government of the State of Morelos, through Donation and Cession of Possessory Rights Contract number CD Y CDP.- 2002 001 of date April 22, 2002, revert to the Federal Estate.

At the margin, a seal with the National Coat of Arms, which says: United Mexican States.- TREASURY.- Ministry of

Treasury and Public Credit.- Institute of Administration and Appraisal of National Assets.- D.R.-015/2024.

DECLARATION by which it is determined that the real estate that were transferred to the Government of the State of Morelos, through Donation and Cession of Possessory Rights Contract number CD Y CDP.- 2002 001 of date April 22, 2002.

VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute of Administration and Appraisal of National Assets, Decentralized Administrative Body of the Ministry of Treasury and Public Credit, based on the provisions of articles 1, 2 fraction I, 17, 26, 31 fractions XXIX and XXX of the Organic Law of the Federal Public Administration; 2 fractions II and IV, 29 fractions I and XV, 93 second paragraph, 94 second paragraph and 101 fraction IV of the General Law of National Assets; 4 Section G, fraction V, 48 and 49 of the Internal Regulations of the Ministry of Treasury and Public Credit; 1, 3 fraction X, 4 fraction I, subsection a) and 6 fractions XXVI and XXXIII of the Regulations of the Institute of Administration and Appraisal of National Assets; I deem it appropriate to issue this declaration, taking into account the following:

CONSIDERATIONS

FIRST.- That by Presidential Decree published in the Official Gazette of the Federation on January 28, 1998, the real estate that form part of the federal patrimony, which had been used by the Ministry of Health for the provision of its services to the population in primary level units, hospitals, administrative offices, warehouses and auxiliary services, were deincorporated from the public domain regime of the Federation, and authorization was granted to the then Ministry of Comptroller and Administrative Development, to donate them on behalf and in representation of the Federal Government in favor of the Government of the State where they are located, so that they would continue to be used for the same purpose.

SECOND.-

That through Donation and Cession of Possessory Rights Contract number CD Y

CDP.-

2002 001 of date April 22, 2002, registered in the Federal Property Registry under Folio Real number 67970 of date December 13, 2002, the Federal Government formalized the actions of transfer of real estate in favor of the Government of the State of Morelos, transmitting free of charge the ownership and ceding the possessory rights as owner of 147 real estate properties, under the commitment to dedicate them to the provision of public health services and related activities.

THIRD.- That on May 29, 2023, the "Decree by which various provisions of the General Health Law are reformed, added and repealed, to regulate the Health System for Welfare" was published in the Official Gazette of the Federation, which stated as follows:

" ...

Article 7.- ...

For the purposes of what is provided in the previous paragraph, Health Services of the Mexican Institute of Social Security for Welfare (IMSS-BIENESTAR) will collaborate with the Ministry of Health regarding the free provision of health services, medications and other associated supplies required by people without social security, within the framework of the Health System for Welfare referred to in Title Third Bis of this Law, for the purposes specified in this Law.

...

Article 18.- ...

The Federation through the Health Services of the Mexican Institute of Social Security for Welfare (IMSS-BIENESTAR) and in accordance with the applicable legal provisions will propose the celebration of coordination agreements with the governments of the federative entities in matters of provision of the services referred to in fractions II and II Bis of article 3 of this Law.

Article 19. The Federation and the governments of the federative entities, in accordance with the applicable legal provisions, will contribute the material, human and financial resources necessary for the operation of general health services, which are included in the agreements and coordination agreements celebrated for this purpose, in accordance with the previous article.

...

Article 77 bis 6. Health Services of the Mexican Institute of Social Security for Welfare (IMSS-BIENESTAR) and the federative entities may celebrate coordination agreements for the execution of the free provision of health services, medications and other associated supplies for people without social security.

...

Article 77 bis 35.- The decentralized public body Health Services of the Mexican Institute of Social Security for Welfare (IMSS-BIENESTAR) is the health institution of the Mexican State responsible for the free provision of health services, medications and other associated supplies for the comprehensive care of people who do not have affiliation with social security institutions, in the case of concurrence with the federative entities, independent of the health services provided by other public or private institutions.

...

FOURTH.- In order to contribute to the free provision of health services, medications and other associated supplies required by people without social security, the Government of the State of Morelos celebrated a Coordination Agreement that establishes the form of collaboration in matters of personnel, infrastructure, equipment, medications and other associated supplies, for the free provision of health services, for people without social security, with the Ministry of Health, the Mexican Institute of Social Security and Health Services of the Mexican Institute of Social Security for Welfare (IMSS-BIENESTAR) dated August 21, 2023 (Coordination Agreement), having as its object to establish the commitments to which the parties will be subject for the transfer, published on September 22, 2023 in the Official Gazette of the Federation.

FIFTH.- That contract number CD Y CDP.- 2002 001, in its third clause, established, literally, the following: "IN THE EVENT THAT THE "DONEE" DOES NOT USE THE REAL ESTATE WHOSE OWNERSHIP AND POSSESSION ARE DONATED, DEDICATES THEM TO A USE DIFFERENT FROM THAT PROVIDED IN THE PRESIDENTIAL DECREE THAT AUTHORIZES THE TRANSFER, AGAINST WHAT IS PROVIDED IN THE FIRST CLAUSE OF THIS CONTRACT, OR WHEN WITHOUT THE PRIOR AUTHORIZATION OF THE MINISTRY OF COMPTROLLER AND ADMINISTRATIVE DEVELOPMENT IT CEASES TO USE OR NEED THEM IN A TERM OF TWELVE MONTHS, THE REAL ESTATE WILL REVERT PHYSICALLY AND LEGALLY, WITH ALL ITS IMPROVEMENTS AND ACCESIONS, TO THE PATRIMONY OF THE FEDERAL GOVERNMENT."

SIXTH.- That through letters numbers GOG/0017/2024 and GOG/0026/2024 of dates January 24, 2024 and March 14, 2024, respectively, the Constitutional Governor of the Free and Sovereign State of Morelos, informed that that Federative Entity has determined that the 98 real estate properties attached in annex 1 of this declaration are no longer necessary for it, since according to the reform to the General Health Law, IMSS-BIENESTAR will plan, organize and direct the actions for the free provision of health services, medications and other associated supplies, in the Federative Entities that have celebrated a Coordination Agreement.

SEVENTH.- That in view of the fact that the Government of the State of Morelos will not require using the real estate subject of this declaration for the purposes for which they were transferred in the contract described in Consideration Second and in the Decree indicated in Consideration First, the cause for reversion provided in clause third and article third, of the referred instruments, respectively, in concordance with the second paragraph of article 93 of the General Law of National Assets, has been fulfilled.

EIGHTH.- That taking into consideration the statements made by the Government of the State of Morelos, from which its express consent derives, it is appropriate to issue this declaration of reversion, without it being necessary to substantiate the administrative procedure referred to in articles 108 to 112 of the General Law of National Assets, relating to the recovery of the ownership and possession of the real estate alienated free of charge, being the full responsibility of the Government of the State of Morelos the lack of veracity and/or inconsistency of the information provided for the issuance of this Declaration.

Based on article 9 fraction XIV of the Regulations of the Institute of Administration and Appraisal of National Assets, the Legal Unit issued an opinion regarding the appropriateness of this declaration of reversion; therefore, based on the considerations mentioned, I have deemed it appropriate to issue the following:

D E C L A R A T I O N

FIRST.- It is declared that of the real estate listed in annex 1 of this declaration, which were transferred through Donation and Cession of Possessory Rights Contract number CD Y CDP.- 2002 001 of date April 22, 2002 in favor of the Government of the State of Morelos, they revert to the Federal Estate, for the reasons exposed and founded in the considerations of this instrument, in compliance with the Reform of the General Health Law, published in the Official Gazette of the Federation on May 29, 2023, provided that they are not in the circumstances of Declarations Second, Third, Fourth and Fifth of the present.

SECOND.- The real estate subject of the donation contract described in Consideration Second that are not listed in annex 1 of the present are excluded from this declaration of reversion.

THIRD.- The real estate subject of the Donation and Cession of Possessory Rights Contract described in Consideration Second, which are in social property, are excluded from this declaration.

FOURTH.- The real estate from which the Federal Government has ceded Possessory Rights and the Government of the State of Morelos has obtained the title of ownership in its favor are excepted from this declaration of reversion, regarding which that State Government must carry out the corresponding procedures to transmit the ownership in favor of the Mexican Institute of Social Security for Welfare (IMSS-BIENESTAR).

FIFTH.- In the event that real estate are listed in annex 1 that do not form part of contract number CD Y CDP.- 2002 001, they will be excluded from this declaration.

SIXTH.- That in the event that there are debts for taxes or contributions and services, regarding the real estate that revert in this declaration, the Government of the State of Morelos undertakes to cover them, releasing the Institute of Administration and Appraisal of National Assets from any responsibility.

SEVENTH.- That the Mexican Institute of Social Security for Welfare (IMSS-BIENESTAR) has full knowledge of the physical, legal and administrative situation of each of the real estate subject of this reversion, therefore it commits to materialize its conclusion, since it will begin to use them for the free provision of health services, medications and other associated supplies, in the Federative Entities that have celebrated a Coordination Agreement.

EIGHTH.- The Government of the State of Morelos must integrate the files of the real estate that are reverted in this act.

NINTH.- This declaration constitutes the title of ownership of the Federation regarding the real estate subject of the reversion in question.

TENTH.- This declaration shall be published in the Official Gazette of the Federation and registered in the Federal Property Registry and in the Public Property Registry corresponding to the location of the reverted assets.

This declaration of reversion shall take effect the day after its publication in the Official Gazette of the Federation.

Mexico City, on the 14th day of the month of March 2024.- President of the Institute of Administration and Appraisal of National Assets, Víctor Julián Martínez Bolaños.- Rubric.

ANNEX CORRESPONDING TO THE DECLARATION D.R.- 015 /2024

By which it is determined that the real estate that were transferred to the Government of the State of Morelos, through Donation and Cession of Possessory Rights Contract number CD Y CDP.- 2002 001 of date April 22, 2002, which can be consulted at the following electronic addresses:

CONSULTATION AVAILABLE ON THE PAGE OF THE INSTITUTE OF ADMINISTRATION AND APPRAISAL OF NATIONAL ASSETS (INDAABIN)

https://www.gob.mx/cms/uploads/attachment/file/903654/Listado_inmuebles__98__Morelos.pdf

CONSULTATION AVAILABLE ON THE PAGE OF THE OFFICIAL GAZETTE OF THE FEDERATION (DOF)

www.dof.gob.mx/2024/SHCP/Declaratoria_ Morelos .pdf

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