Bs. As., 19/11/65
VISTO that the Secretariat of State of Transport has provided clarification of various provisions of Decree-Law No. 8.302/57 of 19 July 1957, which amended Title IV of the General Law of National Railways No. 2.873, and
That the above-mentioned legal instrument has updated and ordered the provisions relating to the control of the railways of national jurisdiction, which is exercised by the National Directorate of Railways, under the above-mentioned Secretariat:
That it is now necessary and desirable to regulate the aforementioned decree-law with a view to obtaining a more rapid diligence of the different matters in which the public authorities must intervene as determined in that order; in some of whose cases, when it is established that it corresponds to the National Directorate "Informing the Ministry of Transport (today Transport Secretariat) was not clear whether this tended to obtain a pronouncement from the aforementioned Executive Secretariat or the own;
That, therefore, in order to speed up the process of various matters for which de under these circumstances el could be required the dictation of sendos decrees of the National Executive, corresponds ,conforme to the provisions of article 86, paragraph 2 of the National Constitution and the Organization of Ministries Act No. 14.439; to empower the Ministry of Transport State Secretariat or the Ministry of Transport State to take such direct measures, in cases,
For this reason, attentive to the request of the Secretary of State for Transport and the proposal of the Minister Secretary in the Department of Public Works and Services,The President of the Argentine Nation Decreta:
Article 1 s Determine that, of the points detailed in Article 2 of Decree-Law No. 8.302/57 s which amended Title IV of the General Law of National Railways No. 2.873: in which it is not clearly expressed which authority will ultimately decide, it will be up to the holder of the State Secretariat of Transport in the following cases:
Adopt the general rules and regulations of service that regulate the administrative, industrial, commercial and financial activities submitted for approval by the Argentine State Railway Company (paragraph 4).
Pronunciate on the proposals of new railway lines, branches, stations or units that are submitted for consideration by the executive branch, bringing them to the executive branch (paragraphs 6 and 7).
To approve the final empowerment of new lines or branches (end of paragraph 9).
To avoid the approval of the Executive Branch matters relating to the consolidation, division or redistribution of railway lines and the final closure of lines, branches, deviations or stations (paragraph 11).
To approve the ordinary rates for consideration by the Argentine State Railway Company (first paragraph of paragraph 18).
Assign the names of the railway stations and arrange for their change (paragraph 23).
Art. 2° s According to the provisions of the subsections specified in each case following Article 2 of the said decree-law, it is clear that the National Directorate of Railways, in addition to those matters in which this is expressly established, can directly resolve those mentioned below:
Adopt the provisional release of new lines or branches (second paragraph of subparagraph 9).
Insulatedly authorize the release of detours, stations, fixed installations, services, etc. (paragraph 10), it is understood that this authorization also includes the "services" and the "construction, empowerment and closure of steps at level, public and private).
Adopt the temporary closure of branches, detours or stations (second paragraph of paragraph 11).
To approve the rates called "specials" proposed by the Argentine State Railway Company, within the limits of the ordinary approved by the Secretariat of State of Transport (the final part of the first paragraph of paragraph 18).
Art. 3° . This decree will be endorsed by the Minister Secretary in the Department of Public Works and Services and signed by the Secretary of State for Transport.
Article 4° . Communicate, publish, give to the General Directorate of the Official Gazette and Printers and go to the State Secretariat of Transport for its purposes.
ILLIA. . Miguel A. Ferrando. . Miguel A. Martínez.