Declaratory Determining Reversion to the Federal Treasury of Real Estate Transferred to the Government of the State of Nayarit

DOF: 21/03/2024

DECLARATORY by which it is determined that the real estate transferred to the Government of the State of Nayarit through Donation and Cession of Possessory Rights Contract number CD Y TDP reverts to the Federal Treasury.

A seal bearing the National Coat of Arms appears at the margin, which reads: United Mexican States.- TREASURY.- Ministry of

Treasury and Public Credit.- Institute of Administration and Appraisal of National Assets.- D.R.-002/2024.

DECLARATORY by which it is determined that the real estate transferred to the Government of the State of Nayarit through Donation and Cession of Possessory Rights Contract number CD Y TDP.- 2004 003 dated June 17, 2004, reverts to the Federal Treasury.

VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute of Administration and Appraisal of National Assets, a 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; deem it appropriate to issue this declaratory, taking into account the following:

CONSIDERING

FIRST.- That by Presidential Decree published in the Official Gazette of the Federation on January 28, 1998, the real estate forming part of the federal patrimony, which had been used by the Ministry of Health to provide services to the population in first-level units, hospitals, administrative offices, warehouses and auxiliary services, was disincorporated from the public domain regime of the Federation, and the then Ministry of Comptroller and Administrative Development was authorized to donate them on behalf and in representation of the Federal Government to 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 TDP.- 2004 003 dated June 17, 2004, registered in the Federal Property Registry under Real Folios 85147, 19308/2, 9195/2, 18708/2, 18674/2, 13763/2, 9194/2, 36242/2, 13182/2, 9191/2, 14900/ 2, 14000/2, 14911/2, 14282/2, 19124/2, 26186/2 dated January 26, 2005, the Federal Government formalized the actions of transfer of real estate in favor of the Government of the State of Nayarit, granting the gratuitous transmission of ownership and the cession of possessory rights as owner of 106 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 Wellbeing" was published in the Official Gazette of the Federation, which stated literally as follows:

" ...

Article 7.- ...

For the purposes of the foregoing, Health Services of the Mexican Institute of Social Security for Wellbeing (IMSS-WELLBEING) will collaborate with the Ministry of Health regarding the free provision of health services, medicines and other associated supplies required by people without social security, within the framework of the Health System for Wellbeing 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 Wellbeing (IMSS-WELLBEING) and in accordance with applicable legal provisions will propose the celebration of coordination agreements with the governments of the federal entities in matters of provision of services referred to in fractions II and II Bis of Article 3 of this Law.

Article 19.- The Federation and the governments of the federal entities, in accordance with 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 Wellbeing (IMSS-WELLBEING) and the federal entities may celebrate coordination agreements for the execution of the free provision of health services, medicines 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 Wellbeing (IMSS-WELLBEING) is the health institution of the Mexican State responsible for the free provision of health services, medicines and other associated supplies for the comprehensive care of persons who do not have affiliation with social security institutions, in the case of concurrence with the federal 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, medicines and other associated supplies required by people without social security, the Government of the State of Nayarit celebrated a Coordination Agreement that establishes the form of collaboration in matters of personnel, infrastructure, equipment, medicines 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, Health Services of the Mexican Institute of Social Security for Wellbeing (IMSS-WELLBEING) dated June 20, 2023 (Coordination Agreement), having as its object to establish the commitments to which the parties will be subject for the transfer, published on August 25, 2023 in the Official Gazette of the Federation.

FIFTH.- That contract number CD Y TDP.- 2004 003, 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 REFERRED TO IN DECLARATION I.3, AGAINST WHAT IS PROVIDED IN THE FIRST CLAUSE OF THIS CONTRACT OR WHEN WITHOUT PRIOR AUTHORIZATION FROM THE MINISTRY OF PUBLIC FUNCTION 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 SAF/0120/2024 and SAF/534/2024 dated January 17 and March 13, both of 2024, the Secretary of Administration and Finance of the Government of the State of Nayarit informs that this Federal Entity has determined that the 91 real estate properties added in annex 1 of this declaratory are no longer necessary for the free and quality medical attention to persons in the scope of the Federal Entity, since according to the reform to the General Health Law IMSS-WELLBEING will plan, organize and orient actions for the free provision of health services, medicines and other associated supplies, in the Federal Entities that have celebrated a Coordination Agreement.

SEVENTH.- That inasmuch as the real estate subject of this declaratory, which were transferred to the Government of the State of Nayarit gratuitously for the purposes stipulated in the contract described in Consideration Second and in the Decree indicated in Consideration First, are not currently useful to the Government of the State of Nayarit, the cause for reversion provided in the third clause and article three of the referred instruments, respectively, in concordance with the second paragraph of article 93 of the General Law of National Assets, has been triggered.

EIGHTH.- That taking into consideration the statements made by the Government of the State of Nayarit, from which its express consent derives, it is appropriate to issue this declaratory of reversion, without it being necessary to process 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 gratuitously, being the full responsibility of the Government of the State of Nayarit the lack of veracity and/or inconsistency of the information provided for the issuance of this Declaratory.

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 declaratory of reversion; therefore, based on the considerations referred to, I have deemed it appropriate to issue the following:

DECLARATORY

FIRST.- It is declared that of the real estate listed in annex 1 of this declaratory, which were transferred through Donation and Cession of Possessory Rights Contract number CD Y TDP.- 2004 003 dated June 17, 2004 in favor of the Government of the State of Nayarit, they revert to the patrimony of the Federation, for the reasons set forth 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 the Second, Third, Fourth and Fifth Declaratories 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 declaratory 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 declaratory.

FOURTH.- The real estate from which the Federal Government has ceded Possessory Rights and the Government of the State of Nayarit has obtained the title of ownership in its favor are excepted from this declaratory 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 Wellbeing (IMSS-WELLBEING).

FIFTH.- In the event that real estate listed in annex 1 do not form part of contract number CD Y TDP.- 2004 003 dated June 17, 2004, they will be excluded from this declaratory.

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

SEVENTH.- That the Mexican Institute of Social Security for Wellbeing (IMSS-WELLBEING) 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, medicines and other associated supplies, in the Federal Entities that have celebrated a Coordination Agreement.

EIGHTH.- The Government of the State of Nayarit must integrate the files of the real estate that revert in this Act.

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

TENTH.- Publish this declaratory in the Official Gazette of the Federation and register it in the Federal Property Registry and in the Public Property Registry corresponding to the location of the reverted assets.

This declaratory of reversion will take effect the day following 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 DECLARATORY D.R.- 002 /2024

By which it is determined that the real estate transferred to the Government of the State of Nayarit through Donation and Cession of Possessory Rights Contract number CD Y TDP.- 2004 003 dated June 17, 2004, which can be consulted at the following electronic addresses:

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

https://www.gob.mx/cms/uploads/attachment/file/903653/Listado_inmuebles__91__Nayarit.pdf

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

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

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