Reform Of The State Modifies Dec.1105/89 - Full Text Of The Norm

Original Language Title: REFORMA DEL ESTADO MODIFICAN DEC.1105/89 - Texto completo de la norma

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REFORM OF THE STATE Decree 385/90 Amendment of Decree No. 1105/89 of the Law No. 23.696.

Bs, As., 26/2/90

VISTO, Decree No. 1105 dated 20 October 1989 approving the Regulation of Law No. 23,696 which declared the state of administrative emergency, and


That article 59 of Act No. 23,696 authorized the NATIONAL EXECUTIVE POWER to establish an Employment Emergency Plan.

In accordance with the Law on Ministries (t. 1983), it is up to the Ministry of Foreign Affairs to understand in relations with the provincial governments and in the coordination of actions aimed at solving extraordinary situations or emergencies that occur in the territory of the Nation and the MINISTERY OF ARTS and PUBLIC SERVICES to implement the plans, programmes and projects in the area of their competence.

In order to provide an agile procedure for the implementation of the Employment Emergency Plan, it is necessary to amend article 59 of the regulations adopted by Decree No. 1105 of 20 October 1989.

That the recruitments provided for in article 59 of Law No. 23,696 tend to satisfy social order services of an imposterable nature, according to the text of Article 9 (c) of Law No. 13,064, understanding as such the urgent need to attack the unemployment situation through the execution of public works useful to the community.

That the present decree is issued in the use of the emerging powers of article 86, paragraphs 1 and 2 of the NATIONAL CONSTITUTION and article 67 of Act No. 23,696.




Article 1 de Replace Article 59 of Chapter IX of Annex I to Decree No. 1106 of 20 October 1989, which regulates article 59 of Law No. 23.696, with the following:


(a) The provinces, whose municipalities wish to avail themselves of the benefits of the so-called "Employment Emergency Plan", shall adhere to Law No. 23.696 for the mechanisms that the provincial constitutions establish or sanction rules that conform to their general principles and objectives, to the content of Law No. 23.696.

(b) The agreement by which the provinces accede to this Plan shall be adopted by a decision of the Ministry of the Interior.

(c) The municipalities submit their projects to the respective provincial authorities, which will register and refer them to the implementing authority.

In addition, municipalities may send their projects directly to the implementing authority, in which case they must send copies of them to the provincial authorities for registration.

This procedure will be applied even with the projects that have been submitted to date.

(d) It will be the enforcement authority of the "Employment Emergency Plan", the MINISTERIO DEL INTERIOR, which will approve the projects respecting, for their distribution among the provincial jurisdictions, the coefficients set by article 4 of Law No. 23.548. For the choice of works to be carried out, it will be taken into account that they take place in centers that exhibit the highest unemployment and sub-occupation rates.

The evaluation and selection of the projects will be carried out by an honorary commission of SEIS (6) members, THREE (3) representatives of the Ministry of the Interior and THREE (3) of the Ministry of Public Works and Services, which will be appointed by their respective owners. The commission shall issue its own operating regime.

The work to be done must have a direct labour content (according to price analysis) not less than SESENTA BY SENTO (60%).

Priority evaluations should take into account works that have greater labour content and beneficiaries.

(e) Projects should demonstrate in a fruitful manner the replacement of mechanical means by intensive labour occupation and that the recruitment procedures to be applied will ensure speed, efficiency and immediate creation of new jobs, and also indicate the percentage of labour based in the place of execution. It will be understood as a workmanship based in the place of execution to those who reside in a radius not superior to the TREINTA KILOMETROS (30 Km.) of the place of effective performance of the tasks. Such a circumstance shall be accredited by a certificate from the police authority of the place of residence.

These applicants will have a priority for the jobs by having to occupy at least a SCIENTA OCHENTA (80%) of the total plantel affected to the work.

(f) The work will be tendered, awarded, controlled, measured and received by the Municipality of the project, which will be responsible to the NATIONAL GOVERNMENT for the execution of the work and the destination of the agreed funds.

(g) The measurements of the work and the corresponding certifications will be done fortnightly.

(h) Delays in the municipalities for the approval of certificates that do not deserve to be observed, as well as the non-delivery of such certificates within the agreed time frame, will make the contracting municipality the sole responsible for the interests and damages that originate, expenses that will be in its exclusive position, in no case, not being able to request the return to the NATIONAL GOVERNMENT

In order to calculate and apply the cost variation, an average of the price index will be used at the highest general level and the consumer price index at the general level, published by the NATIONAL INSTITUTE OF STATISTIC AND CENSES (INDEC), based on the month prior to the date of quote and as the adjustment of the previous month of execution. The latest published Indices will be used provisionally to date of publication.

(i) Within the period of CINCO (5) days of signing the contract, the municipalities shall submit the following data to the MINISTERIO DEL INTERIOR:

1. Authentic photocopy of the corresponding contract and quotations requested for direct recruitment.

2. Number of unstable contractor personnel to be used for the realization of the work.

3. Time of execution of the work and date of initiation.

4. Work plan and investments and general timetable of the work.

(j) Contracts carried out as a result of the implementation of this Plan shall be governed by the provisions in force at the local level to the extent that they do not contravene the provisions established in this regard by Law No. 23,696 and its regulations. Act No. 13.064 will be supplemental.

(k) The contribution of the Nation shall apply exclusively to the payment of the original works and approved in accordance with the provisions of this regulation and shall not reach its extensions, additional and/or preliminary works, preliminary projects, works projects, technical direction and labour inspection.

Compensation to which the individual contractor is entitled for acts or acts attributable to the Commissioner shall be exclusive to the contracting municipalities.

(l) The enforcement authority is authorized to delegate the powers granted here in accordance with article 67 of Law No. 23,696 and to issue the corresponding complementary and clarification rules, and may require information that it deems appropriate or necessary for the better implementation of the objectives of the Plan and to request the commissary municipality to reformulate the total or partial reformulation of the project and/or agreement according to the availability of funds for this purpose.

(ll) The funds necessary to meet the Employment Emergency Plan will be transferred by the SECRETARY OF HACIENDA of the MINISTERY OF ECONOMY to the Special Account No. 550 "Fondos de Contributions del Tesoro Nacional a las Provincias", enabled in jurisdiction of the MINISTERIO DEL INTERIOR.

(m) The transfer of funds for the respective programmes shall be made as follows: the DIECISIETE BY SCIENTY (17 per cent) of the total amount within the TEN (10) days after the first of the month following the notification of the signature of the contract and the OCENTA AND THREE per SCIENTO (83%) remaining in DOCE (12) fortnightly and consecutive contributions, with the adjustment established in subparagraph (h).

(n) Certificates of work and variation of costs must be approved by the Commissioner within the VEINTICUATRO (24) working hours of his presentation. These certificates will be sufficient title for your collection within the VEINTICUATRO (24) working hours following your approval against the bank account of the Argentine Nation in the branch indicated in the contract of work.

For the approval of the certificates, the contractor, from the third fortnight of certification, must earnestly prove to have fulfilled the payment of wages, unemployment fund, social burdens and national, provincial and municipal taxes. For the approval of the last certificate, it must present such documentation and the record of having advanced the income of social burdens, unemployment fund and national, provincial and municipal taxes.

(in) MINISTERY OF ARTWORKS AND SERVICES PUBLICOS will carry out technical inspections, audits and other controls that it deems necessary to control that the execution of the works, their payment regime and other aspects of the contractual relationship conform to the legal and regulatory requirements and to the text of the respective contract, Reporting fortnightly to the implementing authority.

In the event of any infringements or irregularities, the enforcement authority shall have the withdrawal of funds, revoking the approval resolution, and shall make the case known to the Registry of Public Works Builders of the Nation and the respective Province, for its purposes, without prejudice to the civil and criminal actions that correspond.

Art. 2° . Communicate, publish, give to the NATIONAL DIRECTION OF THE OFFICIAL REGISTRATION, and archve. . MENEM. . Julio I. Mema Figueroa. . José R. Dromi. . Antonio F. Salonia. Albert J. Triaca. . Domingo F. Cavallo.. Humberto A. Romero. . Eduardo Bauzá. . Antonio E. González.