National Grain And Elevator Institute Creation - Full Standard Text

Original Language Title: INSTITUTO NACIONAL DE GRANOS Y ELEVADORES CREACION - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
NATIONAL INSTITUTE OF GREATS AND ELEVADORS LEY No. 14.378.

Sanctioned: 30/9/1954

Promulgated: 12/10/1954

The Senate and Chamber of Deputies of the Argentine Nation, assembled in Congress, are strongly sanctioned by LEY: ARTICLE 1 el Créase the National Institute of Grains and Elevators, which will act as a decentralized entity under the Ministry of Commerce.

ARTICLE 2 El The Institute will have its headquarters in the city of Buenos Aires, and will carry out its functions throughout the territory of the Republic; being empowered to establish in the country and abroad the necessary units, correspondents and representations for the fulfillment of its task.

Article 3 Al The National Institute of Grains and Elevators will correspond:

(a) The functions, powers and duties assigned to the National Bureau of Grains and Elevators in Laws 11.742, 12.253 and 13,650; Decrees 10.107/44, 15.570/44 and 9.626/46, ratified by Law 13.892, and other concordant or consequent provisions;

(b) To exercise, on behalf of the Argentine Institute for the Promotion of Exchange, the trade in grains and their products, in the national and international markets, acting in accordance with the directives of the Ministry of Commerce and with the powers set out in Articles 5o, subparagraphs a, b, c, f, g and j, and correlatives of the Organic Charter of that Institute (Decree No. 15,350/46, ratified and modified respectively, 13962)

(c) The other functions assigned to it by the Ministry of Commerce for the purpose of organizing, promoting, combating, regulating and carrying out the trade in grains and other vegetable products.

(d) Planning the location, capacity and general characteristics of the new elevators, silos and other deposits and facilities that are built in accordance with the respective provisions of Laws 11.742, 14.184 and 14,280, or provisions that are made in the future; as well as the maintenance, reconstruction, improvement and expansion of existing ones, in accordance with Article 2 of Law 13.064. In addition, it may dispose in the manner that best suits the buildings and installations that are unused or are unnecessary, and may even make their sale, the product of which will have the destiny to be determined by the Executive.

ARTICLE 4 . The Institute will be governed and administered by a Board of Directors consisting of a president, a first vice president, a second vice president and six vowels.

The Minister and the Under-Secretary for Trade shall, respectively, hold the first two positions. The executive branch shall designate the other members, who shall last two years in the exercise of their functions, and shall represent: the second vice president and two vowels to the Department of State: one to that of Agriculture and Livestock, one to the national system of cooperatives; one to the General Confederation of Labour and one to the Economic General Confederation. To be Director of the National Institute of Grains and Elevators, you will need to be a native Argentine and understand the incompatibility regime established by the Executive. Retributions to directors will be those that set the Institute's budget.

ARTICLE 5o . The President inspects the representation of the Institute and, in case of urgency, may exercise the functions of the Board, with an obligation to give immediate account of the actions. It shall also be responsible for designating, promoting, suspending and separating the agents of the agency.

ARTICLE 6 . The Institute will have a general management and management and other bodies that create its Directory.

ARTICLE 7 Los The Institute's Resources will be constituted by:

(a) Those attributed to the National Bureau of Grains and Elevators by Laws 11.742 and 12.253, and the amount of fines for infractions to the latter and to the present, as well as to their respective regulations; and also the fines for violation of Law 12.096, as far as the products included in the present regime are concerned.

The remedy provided for in article 28 (a) of Law 12.253 shall be a contribution of up to one and a half per cent of the F.O.B. value of exports;

(b) The retribution paid to it by the Argentine Institute for the Promotion of Exchange for the operations carried out in accordance with article 3 (b);

(c) Interests, leases or rates that originate in favour of the Institute the assets specified in article 10.

ARTICLE 8 El The Executive Power shall set annually the contribution set out in Article 7 (a) "in fine" and the Board shall determine, each year, the rates corresponding to all the services provided by the Institute.

Article 9 Los The balances of unexpended resources at the end of each non-target period set by the respective laws shall apply to:

(a) Financing future budgets of the Institute;

(b) Establish reserve accounts for the replacement of existing facilities, facilities and equipment and refurbishment;

(c) To establish a stimulus fund to distribute among staff in accordance with the rules of productivity to be regulated by the Executive.

ARTICLE 10. El The heritage affected by the performance of the functions of the Institute will consist of:

(a) The official network of terminal and field lifts, land, jets, silos, buildings and installations and other related elements referred to in Laws 11.742 and 14,280, and Decrees 10.107/44, 15.570/44 and 9.626/46, ratified by Law 13.892;

(b) The oil storage and boarding plant, of the Argentine Institute for the Promotion of Exchange, located in Dock Sud (in construction) and other goods to be transferred in accordance with Article 17. The value of the assets to be transferred shall be returned as provided by the Executive;

(c) Goods that under Article 53 of Law 12.961, are currently affected by the services of the National Bureau of Grains and Elevators;

(d) Property, furniture, semovients, rights, credits and other public or private values that acquire by any legal title;

(e) Reservations to be made in relation to the results of the exercises, and that the Board resolves to incorporate into the Institute ' s heritage;

(f) Property assigned by future laws or decrees.

ARTICLE 11. El The procedure to impose, resort to and enforce the fines provided for in Articles 29th and 30th of Law 12.253 cuyo, the maximum of which is up to one million pesos national currency s will be governed by the rules contained in Articles 66 to 94th and 96th to 99th of Law 11.683 (text ordered in 1952).

ARTICLE 12. . The penalties provided for in Article 29 of Law 12.253 shall also apply to the present and its regulations.

The statute of limitations of actions and sanctions shall be governed by the provisions of the Criminal Code.

The death of the offender shall not extinguish action or punishment.

When the offenders of this law are societies, the directors, managers, administrators and trustees who have engaged in illicit operations will be personally and jointly responsible.

ARTICLE 13. . For the proper fulfilment of its purposes, the Institute may: (a) be in trial; and (b) request the competent judicial authority to search for domiciles and the seizure of books, papers, correspondence and other documents of the persons subject to its Controller.

ARTICLE 14. la Exempt the National Institute of Grains and Elevators the exception set out in article 124 of Law 12.961. Public and private tenders, as well as procurement and other contracting by the said Institute, referred to in articles 46 to 51 of the prescribed law, shall be authorized and approved by the Institute, as a competent authority, in accordance with the regulations governing the executive branch.

ARTICLE 15. La This law will begin to rule on January 1, 1955.

ARTICLE 16. . Defrost any provision that opposes those of the present.

ARTICLE 17. (Transient Provision). The Institute shall be established on the basis of the National Bureau of Grains and Elevators and the management, departments and other units or services of the Argentine Institute for the Promotion of Exchange that are currently involved in the trade in grains, other vegetables and their products. Staff, credits, resources, goods, services, offices, rights and obligations of the above-mentioned entities shall be transferred to the new agency, as provided by the Executive.

ARTICLE 18. . Contact the executive branch.

Given in the meeting room of the Argentine Congress, in Buenos Aires, on the thirty days of the month of September of the year, a thousand nine hundred and fifty-four.

A. TEISAIRE A. J. BENITEZ

Alberto H. Reales

Rafael V. González

Registered under No. 14.378 el