National Missions - Declare Province - Full Text Of The Rule

Original Language Title: TERRITORIOS NACIONALES MISIONES - DECLARESE PROVINCIA - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
LEY No. 14.294

Declárese Provincia al Territorio Nacional de Misiones

Sanctioned: 10-12-1953

Promulgated: 22-12-1953

WHY:

The Senate and the Chamber of Deputies of the Argentine Nation, meeting in Congress, sanction with force

LEY:

ARTICLE 1 - Declárase province, in accordance with articles 13 and 68, paragraph 14 of the National Constitution, to the national territory of Misiones.

ARTICLE 2 - The new province will have the current limits set for the national territory of Misiones.

Article 3 - The national executive branch will convene the constituent convention, which will meet in the capital city of the territory.

ARTICLE 4 - The choice of Conventions shall be made in accordance with the national election law and on the basis of the National Registry of Electors and shall take place on the same date on which the next election of renewal of the Legislative Power of the Nation is made.

ARTICLE 5o - 15 conventional ones will be chosen, at the rate of one per constituency, applying the electoral system to elect national deputies in force at the time of the call.

ARTICLE 6 - To be conventional it is necessary to be native Argentine and to meet the other requirements and qualities that to be deputies of the Nation. Conventionals shall enjoy, as long as their term of office, the same privileges and immunities as national deputies and shall receive the sum of seven thousand pesos national currency (weights 7.000.00) for the entire term of their performance.

ARTICLE 7o - The position of a treaty is compatible with that of a member of any of the powers of the Nation.

ARTICLE 8 The convention shall terminate its mandate within 90 days of its installation and shall not be able to extend its mandate.

Article 9 - The convention will dictate a constitution under the representative, republican system, in accordance with the principles, declarations and guarantees of the National Constitution and to ensure the administration of justice, the municipal system, primary education and cooperation required by the national government in order to enforce the National Constitution and the laws of the Nation that are consequently enacted.

It should also ensure the rights, duties and guarantees of personal liberty, as well as the rights of the worker, the family, the elderly and the education and the culture, and also establish the social function of property, capital and economic activity. Its principles cannot be contrary to the National Constitution or to declarations of political and economic independence.

ARTICLE 10. - All legislation in force in the territory at the time of its admission as a province shall be in force in the new State until it is repealed or amended by the respective Legislature, unless the change or modification comes from this law or the Constitution of the new province.

ARTICLE 11.- The property that is located within the territorial limits of the province will be transferred to the domain of the new province, as well as the fiscal lands - established to be its perfect delimitation - and private property of it, except those that need to be used for national public use or public service. In this case, the respective exception may be established by law of the Nation within three years of the promulgation of this law.

In the event that the delimitation referred to in this article is not carried out within 18 months, from the sanction of this Act, the tax land shall be transferred to the province ' s domain.

ARTICLE 12.- Agreements between the new province and the Nation will determine which public schools will become dependent on them.

ARTICLE 13.- The new province will organize its judiciary. When the organization of the local judiciary has been organized, the cases will be transferred to it taking into account the general legal rules governing the respective jurisdictions. You will also be transferred all the files, records and records for the pending cases.

ARTICLE 14.- Once the provincial justice has been organized, there will be two national judges of first instance, one in the capital and one in Eldorado.

ARTICLE 15.- As long as the new province does not dictate its own tax provisions, taxes, fees and contributions that govern at the time of its provincialization will continue.

ARTICLE 16.- The Government of the Nation will continue to receive all taxes and to pay all administrative services in accordance with the budget of the territory and the provisions of this law, up to six months after the day when the provincial authorities are constituted, without prejudice to partial or total transfers that may be made to the new province before the date indicated. This period may be extended by agreement between the national executive branch and the provincial government.

Once the new administration has been organized as well as the Judiciary, the liquidation will be made for the various contributions.

ARTICLE 17. The government of the new province will agree with the national executive branch the transfers of the records and other records relating to taxes through the Ministry of Finance of the Nation.

ARTICLE 18. The national executive branch shall deliver the various administrative services with their rights and properties, credits, assets and liabilities to be transferred to the new province through the respective ministry. To that end, the form and opportunity of surrender and the obligations to which there is a place shall be established.

ARTICLE 19.- Officials, employees and workers who rely on the administration of the new province, regardless of the way they provide their services and the way they pay, shall be recognized:

(a) Identity of hierarchy and salary;

(b) Contributions performed; and

(c) Term, conditions and retirement.

For all these purposes, the Nation will hold the respective conventions with the new province.

ARTICLE 20.- Within thirty days of the promulgation of this law, the National Executive Branch shall appoint a commissioner in the new province, cesing the governor of the territory. The Commissioner shall ensure the continuity of local public services and shall structure the future provincial administration in accordance with the provisions of this Act and to which the Constituent Convention is issued.

ARTICLE 21. In order to comply with the provisions of the preceding article, the Commissioner shall immediately establish the ministries of Government, Economics and Social Affairs, and shall organize the local administration and justice in accordance with the instructions to be given to him by the national executive branch through the Ministry of the Interior and subsequently in accordance with the rules established by the Constitution of the new province.

It shall submit to the approval of the national executive branch the budget of the province ' s expenses and shall also propose the assimilation by the local administration of all national offices with seat in the territory, which shall be gradually transferred to the province in all cases other than federal jurisdiction.

For the purposes set out in this article, the Commissioner is authorized to agree on such transfers with the respective ministries.

ARTICLE 22. Organized by the local administration, the National Executive will convene elections for the new province to appoint its authorities.

Once these have been established, any intervention by the national authorities in matters of provincial order shall cease.

ARTICLE 23. National senators and deputies shall be elected simultaneously and in the same act as the provincial authorities. The national executive branch shall set the limits of the constituencies for this election of deputies.

ARTICLE 24. Delegates from the national territory of Missions will cease at the time of the incorporation into the National Congress of deputies elected by the new province.

ARTICLE 25. Expenditures for compliance with this Act shall be covered by general incomes with charge to the Act.

ARTICLE 26. Contact the Executive.

Given in the meeting room of the Argentine Congress, in Buenos Aires at the ten days of the month of December of the year a thousand nine hundred and fifty-three.

A. TEISAIRE A. J. BENITEZ
Alberto H. Reales Eduardo T. Oliver

- Registered under No. 14.294 -