Key Benefits:
law of January 12, 1962 víctor Paz estenssoro
CONSTITUTIONAL PRESIDENT OF THE REPUBLIC For the Honorable National Congress has sanctioned the following law: THE NATIONAL CONGRESS, D E C R E T A: Article 1. Create the? Bolivian Administration of Sanitary Works? (ABOS) as an autarchic entity of decentralized public services with its own patrimony and the purposes and attributions that are specified by this law. That body will have its legal address in the city of AL Paz, and it will be a legal person. Article 2. The Administration will operate under the supervision of the Supreme Government through the Ministry of Public Health, and it will be responsible for the control and enforcement of the Health Code and in everything related to Drinking Water and Sewerage. Article 3. The Bolivian Administration of Sanitary Works will aim to solve the sanitary problems of Potable Water and Sewerage in all the populations of the country, providing them with the corresponding works to which the effect will apply the technique integral to the principles of Health Engineering in particular and Public Health in general. You will be able to start by stages:
Start new health works plans.
Study and project the works of water and sewerage provision in the cities and towns of the country.
Build, renew or expand the works of sewerage and water supply through agreements signed with the prefectures of the Department and local or local authorities.
Subscribe to contracts for the provision of the services of drinking water and sewerage with Community or local entities and Department prefectures.
Article 4. For compliance with the purposes specified in the previous article, the ABOS shall have the following powers.
Manage the assets and facilities belonging to the Institution under the conditions established by the laws of the the country and the responsibilities which they determine; to conclude contracts and agreements and to take such measures as it deems necessary for the proper provision of the services to which it is responsible, in accordance with the provisions of this law, and regulations in force or to those which are subsequently approved by the Powers of the State.
To celebrate with the prior approval of the government, long-term, internal or external credit operations in order to make up resources, materials or equipment that will enable it to fill its purposes.
Celebrate sales/purchase agreements movable or immovable property, accepting donations, concluding contracts for the acquisition of materials, execution of works and the provision of services.
Annually projecting the entity's budget of expenditure and resources calculations, as well as the job plans.
Set rates for the delivery of your services.
Designate your officials and technicians and administrative and arrange for promotions and removals. Article 5. The ABOS will be governed by a Board of Directors rented and composed of the Minister of Public Health in the capacity of President, an Executive Vice President and a Representative of each of the following entities, with voice and vote:
Minister
National Planning Board.
Society of Engineers of Bolivia.
Municipality of the Republic.
Ministry of Public Works.
Central Bank of Bolivia.
Chamber of Builders. With a voice but without a vote the Manager and Directors of the Technical and Administrative Departments of ABOS, the latter when they are called by the Board. Article 6. In the interior of the country the Directorate of the ABOS will be in charge of the boards of local directives ad honorem composed in the following form: In the Capitals of Department:
Head of Health Departmental, as President.
Mayor Municipal, as Vice President.
Department Prefect.
Departmental Comptroller.
A representative of the Public Works Committee. In the provincial capitals:
Head of Provincial Health, as President.
Municipal Mayor, as Vice President.
Subprefect.
A Provincial Public Works representative. The local boards shall perform their functions in accordance with the general instructions given by the Central Board of Directors and in accordance with the regulations of privileges approved by the parent institution. Article 7. They are the privileges of the Board of Directors:
To study and approve the budget for each management that the Management presents.
Serve as a consultative body on any matter raised by the Management and related to the activities of the ABOS.
Approve and award all contracts that the entity must celebrate.
Approve the Organic Statute and give its rules.
Approve the Plan of Works to be undertaken in the tax management, respective.
Approve the
To study and approve the basis and standards for delivery to municipal companies that have to administer the works that are delivered to the public service.
Decide on the appointments and promotions of the technical and administrative personnel, on a proposal from the Manager.
Formulate the recommendations you consider necessary for the proper functioning. Article 8. The resolutions of the Board of Directors shall be adopted by a majority of votes. A quorum of half is formed by one of its members. Article 9. The Executive Vice President and the ABOS Manager, will be appointed in the Cabinet Council on the basis of high standards by the Minister of Public Health and will last in their duties for the term of four and three years, respectively. In the interior of the country where drinking water and sewerage works are carried out to the Executive Administrator and other technical personnel, it will be appointed by the Ministry of Public Health. Article 10. The Board members must meet the following conditions:
Be persons of recognized good repute and creditworthiness.
Poseer professional title in National Provision.
Not having economic links with companies or persons who are engaged in the supply of materials, equipment or services related to drinking water supplies or sewerage.
Not having suffered bodily punishment, and
Not being relatives to each other, within the fourth grade of consanguinity and second affinity. Article 11. The ABOS Manager, must gather in addition to what was listed in the previous article, the following requirements
:
Being a Bolivian citizen.
Having a Civil Engineer Diploma, preferably specialized in Engineering Health.
Article 12. They are the privileges of the President of the Bolivian Administration of Sanitary Works and in his case of the Executive Vice President:
To assume the official representation of the entity in its relationship with others organisms.
Chairing the ordinary and extraordinary meetings of the Board of Directors.
Determining the priority of the problems to be studied by the Board and the provision of general instructions for this purpose.
acts and contracts concluded by the Institution in conjunction with the Manager.
Take urgent action when necessary, giving an account to the Board of Directors in the first session.
Article 13. The ABOS Manager has the following attributions:
Take the executive direction of the entity in the technical and administrative aspects.
enforce the determinations of the Board of Directors and the Presidency.
Propose to the Board of Directors the appointments and promotions of the technical and administrative staff of the entity.
Monitor the execution of the works and the investments that are made, either directly or to your delegation.
Delegate to your employees the functions that you deem appropriate and all the other functions inherent in your office; do not correspond to the Board of Directors.
Article 14. The number and characteristics of the technical and administrative sections required by the administration of health works in order to fulfil its task shall be the subject of special regulation. Article 15. The heritage of the Bolivian Health Works Administration will be formed:
For the initial contribution of the State.
For the present and future allocations of the National Government to Departments, Municipalities or any dependency state that they have agreed or agreed for any of the purposes specified in this law.
For the goods and rights of water and sewer systems that the administration builds and operates in the future.
For the annual State subsidies that have been set in the national budget, in no case must be less than the items currently entered for the design, construction and maintenance of water supply and sewerage, through national agencies.
For the goods acquired by ABOS, to any title.
For donations and legacies
For the product of short-or long-term, internal or external credit operations that you hold with government authorization.
Article 16. Any investment of the resources of ABOS, in their works must be reimbursable. This reimbursement will be made in the form of a gradual authorisation loan for up to 15 years and with interest up to 6% per year or by means of contributions from the decentralised companies, which are set up for the realisation and exploitation of the works. Article 17. The surveillance and fiscal control of ABOS will be in charge of the Comptroller General of the Republic. Article 18. To determine the order of execution of the studies and works in the localities of the country, the Bolivian Administration of Sanitary Works will establish priorities, taking into account the number of inhabitants and their conditions of health. Article 19. Where, for reasons of public health, the supply of drinking water to population centres located within the irrigated areas served by works of the Directorate-General of the Riegos, the execution of the respective facilities and their facilities is necessary. Exploitation will be the responsibility of the Bolivian Administration of Sanitary Works. Article 20. The Bolivian Administration of Sanitary Works will be able to agree with other entities, the installation of works and the provision of the services of drinking water and drainage of water served in certain areas or populations, for to meet mainly needs arising from mining, industrial, railway, etc., with the respective beneficiaries being responsible for the financing of the construction, maintenance and operation of the works, in whole or in part, in accordance with the extent and character of the services. Article 21. The Bolivian Administration of Sanitary Works shall be exempt from any customs duty and any other charge for the importation of useful, machineries, means of transport and any other material that is intended for construction, operation and maintenance by administration or by contract, for the exploitation of his works and services. Article 22. The ABOS, as an autarquic agency of the State, will be exempt from any tax or levy, national, departmental or municipal, and in case of liquidation, its patrimony must be incorporated into that of the State. Article 23. State of public utility the land of private and the sources of water supply, which are necessary for the execution of the works to be constructed or extended under this Law, in all the territory of the Nation. Article 24. Authorize the Departments and the Municipalities to transfer to the Administration of Sanitary Works free of charge, the tax and municipal land and to acquire the easements that are necessary for the execution of the works provided for in this law. Article 25. The Administration of Sanitary Works in its own right and at the request of the local authorities will be able to take charge as it has the necessary resources, the works of drinking water and sewerage currently in service, both of public property as private. In the event that the works or installations are of a fiscal property, they must be delivered by the authorities without charge and their amount shall be credited to the estate account of the administration. Article 26. When in the execution of the sanitary works covered by this law, the ABOS has to break pavements, it may, by convention, take charge of the total repair or paving of the streets of the city or population where they are executed such works. Article 27. Likewise, ABOS will provide its technical advice to the Ministry of Public Works and Municipalities of the Republic, in all urban paving projects, not being able to run these without the technical report of the entity. Article 28. In those cases where there is a possibility of producing electrical energy within the specific works, the ABOS is empowered to negotiate the corresponding hydroelectric use. Article 29. The ABOS will not provide any free service; those provided to government or municipal bodies including public bolts will be paid to the municipal company decentralized by the State or Municipality and will be paid to provide them. Article 30. The Ministers of Public Health and Public Works have the power to establish by mutual agreement the conditions under which the transfer of personnel, equipment and materials from the General Directorate of Hydraulic to the Administration will be carried out. Bolivian of Sanitary Works. Communicate to the Executive Branch for constitutional purposes. Session Room of the H. National Congress.
La Paz, December 21, 1961. Fdo. Federico Fortuna S., President of the National Senate, Edil Sandoval Moron, President of the H. Chamber of Deputies, Carmelo Cuellar Jiménez, Senator Secretary, Julio Calvo, Senator Secretary, Jorge Canedo, Deputy Secretary, Alfredo Aguirre, Deputy Secretary, Therefore,, has enacted it so that it has and will comply with the law of the Republic. Palace of Government in the city of La Paz at the twelve days of the month of January of a thousand nine hundred and sixty-two years. FDO. VICTOR PAZ ESTENSSORO, Guillermo Jauregui, Minister of Public Health.
