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law no 3545 law of November 28, 2006
EVO MORALES AYMA CONSTITUTIONAL PRESIDENT OF THE REPUBLIC
For the Honorable National Congress, it has sanctioned the following Law: THE HONORABLE CONGRESS NATIONAL, DECCRETA: AMENDMENT OF LAW NO 1715
REROUTING OF AGRARIAN REFORM ARTICLE 1 (Object). The purpose of this Law is to amend and incorporate new provisions into Law No 1715 of 18 October 1996. Law of the National Agrarian Reform Service, as well as to adapt and reconcile its provisions to the Law No. 3351 of February 21, 2006-Law of the Organization of the Executive Branch. ARTICLE 2 (Includes the paragraphs III, IV, V, VI, VII, VIII, IX, and X to Article 2). The Paragrafos III, IV, V, VI, VII, VIII, IX to Article 2 are included as follows:
? III. The Social Economic Function includes, in an integral manner, areas effectively used, rest, legal and growth-projection ecological easements; in sanitation it shall not exceed the area recorded in the Executive Title or in the agricultural processing, except for the existence of legal possession.
IV. The Social Function or the Social Economic Function will necessarily be verified in the field, this being the main means of verification. The interested parties and the administration may, in addition, present legally admitted means of evidence. Verification and testing will be considered and evaluated at the appropriate phase of the process.
V. The growth projection area of the median property is 50% and the agricultural enterprise of 30%. For the agricultural undertaking, it shall be calculated from 30% up to 50% according to the parameter laid down in regulation, provided that it does not exceed the area measured in consolidation or the consolidated area as an emergency. For the calculation of the growth projection area, the effective and currently used area will be taken into account, in addition to the area on rest in agricultural properties.
VI. The rest areas are those of rotation that had clearly identifiable works, improvements and productive investments. It will be recognized only in agricultural properties.
VII. In pregod with livestock activity, in addition to the animal load, it will take into account, as an area effectively taken advantage of, the silvopastorite areas and the areas with cultivated pasture.
VIII. In forestry, conservation and protection of biodiversity, research and ecotourism, the regular granting of relevant authorizations, their current and effective compliance, according to special rules, will be verified. applicable.
IX. Legal ecological easements are limited to the rights of use and use established on the agricultural properties according to the specific legal and regulatory norms. For the regularization and conservation of the owner's right, they will be taken into account and recognized, without being the fulfillment of a social economic function. They will constitute social economic function only when they are developed on the same activities under management, regularly authorized.
X. The area actually used in agricultural areas is that which is in production; in livestock properties it is the area corresponding to the amount of existing livestock.
XI. Illegal dismounts are contrary to the sustainable use of the land and do not constitute the social function or the social economic function.
ARTICLE 3 (Modifies Article 4 Paragraph III). The content of paragraph III of Article 4 is amended as follows:
? III. The peasant solar, the small property and the properties owned by peasant communities, indigenous peoples and communities, are exempt from the payment of the tax that taxes the agricultural property, not requiring any processing To make this exemption effective, is the accreditation of the right owner sufficient.?
ARTICLE 4 (Modifies item 2 of Article 6). The content of Article 6 Numeral 2 is modified as follows:? 2. The Ministry of Rural Development, Agricultural and Environment.? ARTICLE 5 (Includes Numeral 5 to Paragraph I of Article 8). A new attribution to Paragraph I of Article 8 is incorporated, so that Numeral 5 becomes Numeral 6 and the new attribution as Numeric 5, as follows:
? 5. To grant legal personalities to indigenous and indigenous peoples, indigenous and peasant communities, and their national, departmental or regional organizations, at the request of a party, according to the conditions laid down in this Law and the Requirements of Law 1551 of Popular Participation that governs the matter, in accordance with Article 171, paragraph II of the Political Constitution of the State.?
ARTICLE 6 (Substitute Denomination). The name of Section II, Chapter I, Title II of Law No. 1715, by the Ministry of Rural Development, Agriculture and the Environment is replaced instead of the Ministry of Sustainable Development. and Environment. ARTICLE 7 (Replaces the Paragrafs I and II, the Paragraph III is added in Article 9). The content of paragraphs I and II is replaced, paragraph III is added in Article 9, as follows:? I. The Ministry of Rural Development, Agricultural and Environment, in agricultural matters has the following
attributions:
The Ministry of Development Planning will fulfill its responsibilities to promote investment, production, agricultural productivity and ecotourism in the framework of the strategies, policies and norms established by the Ministry of Rural Development, Agricultural and Environment.
The Ministries of Foreign Affairs and Cults and Production and Micro-enterprises should coordinate and coordinate their search and market opening policies internal and external with the organizations and associations of community producers, peasants, colonizers and agricultural entrepreneurs.?
ARTICLE 8 (Substitute Article 11 Paragraph I). Paragraph I of Article 11 is replaced as follows: I The National Agrarian Commission? CAN is composed of:
The Minister of Rural Development, Agricultural and Environment, as President.
The Deputy Minister of Biodiversity, Forest Resources and the Environment.
The Deputy Minister of Land.
Deputy Minister of Rural and Agricultural Development.
The Deputy Minister of Riego.
The Deputy Minister of Territorial Planning and Environment.
The Deputy Minister of Community Justice.
The Deputy Minister of Public Investment and External Financing.
The President of the National Agricultural Confederation? CONFEAGRO.
The Executive Secretary of the Trade Union Confederation of Peasant Workers of Bolivia? CSUTCB.
The President of the Confederation of Indigenous Peoples of Bolivia? CIDOB.
The Apumalku of the National Council of Ayllus and Marks of the Qollasuyo? CONAMAQ.
The Executive Secretary of the Confederation of Colonizers of Bolivia? CSCB.
The President of the Bolivian Cattlemen's Confederation? CONGABOL.
The Executive Secretary of the National Federation of Peasant Women Bartolina Sisa.
The President of the Bolivian Chamber of Forestry? CFB.? ARTICLE 9 (Complementations to Article 13). The number 8 is replaced and an attribution is included, so the Numeral 13 is converted to Numeral 14, and Numerals 8 and 13 of Article 13 are worded as follows:? 8. To exercise institutionalized social control over the performance of the economic function? In the case of agricultural fundos,
requesting the competent authorities to reversion land in the event of non-compliance with the social economic function according to the causes provided for in this Law;
13. To promote and present plans or policies for land expropriation because of public utility established in this Law.?
ARTICLE 10 (Modifications to Article 14 Paragraph I) . Item 14 Paragraph I is amended as follows:? II. The National Agrarian Commission shall validly meet with the assistance of twelve (12) of its members, prior to
convocation made by its President, at least seven (7) days in advance or, with the presence of all of its members members, at any time, without the need for a call.?
ARTICLE 11 (Modifies Article 15 Paragraph I). The content of paragraph I of Article 15 is amended as follows:? I. In each of the departments it is constituted a departmental agrarian commission whose composition will be similar to the national
in function to the decentralized departmental structure of the Executive Branch and the social organizations and The sector is composed of the National Agrarian Commission.
ARTICLE 12 (Substitute Paragraph I of Article 17). The content of paragraph I of Article 17 is replaced as follows:? I. Create the National Institute of Agrarian Reform? INRA, as decentralized public entity of the Ministry of
Rural Development, Agricultural and Environment, with national jurisdiction, legal personality and own patrimony.?
ARTICLE 13 (Substitute numbers 6 and 7 of Article 18). Number 6 and 7 of Article 18 are replaced, as follows:? 6. Expropriate agricultural funds on their own initiative or at the request of a party, because of public utility in the established terms
in this Law.
Revert lands of trade or to denunciation of the Agrarian Superintendence, Forest Superintendence, National Service of Protected Areas, National Agricultural Commission, Department Agricultural Commissions and Agricultural Social Organizations, members of the National Agrarian Commission or the Department of Agricultural Commissions, for the cause of total or partial non-compliance with the Social Economic Function.?
ARTICLE 14 (Replaces the Numeral 2 of Paragraph III and Paragraph IV of Article 20). The content of the numeral 2 and paragraph IV of Article 20 is replaced as follows:? 2. To have a degree of academic degree with a degree in national provision, to have exercised his profession with
suitability in agricultural matters for seven (7) years; and, IV. The resolutions of the National Director that define rights, exhaust the administrative headquarters and may only be
challenged by administrative litigation before the National Agrarian Tribunal within the period of 30 (30) days calendar. Administrative decisions which do not define or affect rights shall be subject to administrative appeals only and shall not be contested by administrative action.
ARTICLE 15 (Complements and Modifies Article 21). Paragraph II is supplemented and Article 21 Paragraph IV is amended as follows:? II. The departmental directors will be appointed by the National Director of Ternas proposed by the commissions
departmental agrarian. Will they perform their duties for a personal and unextendable period of three (3) years, being able to be re-elected for one time.?
? IV. The resolutions of the departmental directors, which define rights will exhaust the administrative seat and can only be challenged by administrative litigation before the National Agrarian Tribunal within thirty (30) days (i) a timetable, a period of time from the notification with the decision to be taken by the administrative seat. Administrative decisions which do not define or affect rights shall be subject to administrative appeals only and shall not be contested by administrative action.
ARTICLE 16 (Complementations to Article 26). Numerals 2, 4 are replaced, and an attribution is included, so the Numeral 13 is converted to Article 26 numeral 14, as follows:? 2. Urge the Minister of Rural Development, Agriculture and Environment to develop and dictate norms and policies on
the use of land, and classify them according to their capacity for use, and require the National Institute of Agrarian Reform and the competent entities, the strict compliance with the privileges granted to them by this Law and other legal provisions in force.
4. To denounce the reversal of land, on its own initiative or at the request of the departmental agrarian commissions and the National Agrarian Commission for non-compliance with the economic-social function and to assist in its processing.
the need for land expropriation for the cause of conservation and protection of biodiversity.?
ARTICLE 17 (Substitute Article 30). The wording of Article 30 is replaced, as follows: ? The Agrarian Judiciary is the organ of the administration of agrarian justice; it has jurisdiction and jurisdiction for the resolution
of the emerging conflicts of the possession, right of property and agrarian activity, as well as of the forestry activity and use and use of waters, and others that the Law points out to you.
ARTICLE 18 (Substitute Article 33 Paragraph II). Paragraph 33 Paragraph II is replaced as follows:? Each Agrarian Judicial District will have so many courts, as many as are created by the National Agrarian Court, of
according to their needs. These may be roaming within their territorial jurisdiction. It is up to the Judicature Council to provide the resources for its implementation and operation.
ARTICLE 19 (Substitute Article 34). The wording of Article 34 is replaced as follows:? The National Agricultural Court is the highest Court of Agrarian Justice; it consists of ten (10) Vocals
including its President; divided into three rooms, each with three (3) Vocals. The President was only in full Chamber. The headquarters of its functions is the city of Sucre.?
ARTICLE 20 (Complementations to Article 35). The Numerals 9 and 10 are aggregated, the Numeral 9 becomes Numeric 11 of Article 35, as follows: ? 9. Create agricultural courts and determine the seat and territorial jurisdiction of each of them. 10. To know and to resolve the extraordinary resources of review of executed sentences in the oral agrarian process.?
21 (Substitute Article 36 Numeric 3). Article 36 Numeral 3 is replaced as follows:? 3. To learn about administrative and administrative processes in agricultural, forestry and water matters.
ARTICLE 22 (Replaces the Numeric 2 of Paragraph I of Article 37) . The numeral 2 of paragraph I of Article 37 is replaced as follows:? 2. Have a law degree in national provision and have exercised with ethics and suitability, the profession of lawyer, the
bench or university chair for seven (7) years, in agricultural matters; and?, ARTICLE 23 (Substitute Numerals 7 and 8 of Article 39 (1). Number 7 and 8 of
paragraph I of Article 39 are replaced as follows:? 7. To know interdicts of acquiring, retaining and recovering the possession of agricultural fundos, to grant guardianship over the
agrarian activity.
Knowing other real, personal and mixed actions derived from property, possession and activity agricultural.? ARTICLE 24 (Includes Paragraph III in Article 41). Paragraph III is included in Article 41, with the
next text:? III. In accordance with Article 169 of the Constitution of the State, the character of family patrimony does not
require an express judicial declaration.? ARTICLE 25 (Substitute Paragraph I of Article 42). Paragraph I of Article 42 is replaced as follows:? I. The fiscal lands will be provided by the National Institute of Agrarian Reform (Instituto Nacional de Reforma Agraria),
by administrative procedure initiated before the departmental addresses, based on the plans of land use and the the capacity for greater use of the land certified by the Agrarian Superintendence or the Forest Superintendence, according to the vocation of the same and to other technical instruments of public character related to their vocation.?
ARTICLE 26 (Substitute Article 47). Article 47 is replaced, as follows: ? Article 47 (Prohibition for Public and Personal Officials of Enabled or Treated Enterprises).
The National Agrarian Reform Service will not adjudicate or provide agrarian land to: The President and Vice President of the Republic, Ministers of State, Deputy Ministers and Hierarchical Personnel, National Senators and Deputies, Comptroller General the Republic, President and Ministers of the Supreme Court of Justice, President and Magistrates of the Constitutional Court of the Nation; President and Vocals of the National Agrarian Tribunal and Agricultural Judges, President and Vocals of the District Courts; Prosecutor General of the Republic, Council of the Judiciary, General Superintendent and Superintendents, Prefects and Subprefects, Mayors and City Council members, officials and employees of the Ministry of Rural Development, Agriculture and the Environment and members and officials dependent on the National Reform Service Agrarian, whatever its rank and hierarchy; be personally or by person,
The prohibition does not apply during the sanitation to rights acquired prior to the validity of Law No 1715 or to the subacquirers of these rights acquired prior to the validity of this Law.
The prohibition established in paragraph 1 of this Article, extends to owners, directors and staff of companies and entities authorized or hired by the National Institute of Agrarian Reform for the execution of sanitation.
For the year following the cessation of his duties and reaches the consanguine relatives and by affinity, until the second degree, even.?
ARTICLE 27 (Substitute Article 48). The wording of Article 48 is replaced, as follows:
? The agricultural property, under no title can be divided into areas smaller than those established for the small property. Hereditary successions will be maintained under the regime of forcible indivision. With the exception of the farmer's site, the agricultural property will also not be able to be securitised on areas less than the maximum of the small property, unless it is a result of the process of sanitation.
ARTICLE 28 (Substitute Article 51). The wording of Article 51 is replaced as follows:? They shall be reversed to the original domain of the Nation without any compensation, the lands whose use damages the interest
collective qualified by this Law, in accordance with Articles 22, Paragraph I, 136, 165, 166 and 169 of the Constitution State policy.?
ARTICLE 29 (Substitute Article 52). The wording of Article 52 is replaced as follows:? It is a causal of reversal, the total or partial non-compliance of the Economic-Social Function established in Article 2 of
Law No. 1715, as amended by this Law, for being detrimental to the collective interest, and substance to the Directorate Departmental of INRA. The National Director of the INRA will dictate the final resolution of the procedure.
The partial reversal will affect that part of the predium that does not fulfill the Social-Economic Function. The Regulation of this Law shall take into account natural disasters or catastrophes, declared by Supreme Decree, which affect the premises.?
ARTICLE 30 (Substitute Article 53). The wording of Article 53 is replaced as follows:? The peasant solar and small property, community lands of origin and communal
will not be reversed collectively. This exception applies only to lands titled by the National Agrarian Reform Service or the National Institute of Colonization as a peasant, small property, communal property or community land of origin and, in no case, properties titled as medium-sized or agricultural enterprises, which would have been divided by the effect of hereditary contracts or succession.?
ARTICLE 31 (Substitute Article 56 Paragraph I). Article 56 Paragraph I is replaced as follows:? I. Mortgage creditors, in order to preserve their rights, will be able to intervene in the reversal procedures,
exercising the rights of their debtors, based on the oblique action provided for in Article 1445º of the Civil Code. Indeed, the mortgage creditors will be cited by edicts with the resolution that will have the beginning of the procedure.
ARTICLE 32 (Substitute Article 57). The wording of Article 57 is replaced as follows:? I. The National Institute of Agrarian Reform, will reverse land, subject to the following procedure and the established
in the Regulation of this Law. II. The reversal will proceed either on its own initiative or in denunciation of the Agrarian Superintendence, Forest Superintendence, Service
National Protected Areas, National Agricultural Commission, Department Agricultural Commissions, and Agricultural Social Organizations. Member of the National Agrarian Commission or the departmental Agricultural Commissions.
The consolidation of each property, this procedure can only be applied periodically, after two (2) years from the issue of the implementing title or certificate of consolidation. Subsequent verifications of the Economic and Social Function, of each property, may not be carried out in terms of less than two (2) years.
III. The reversal procedure will be substantiated before the INRA Department Directorates. Final resolutions will be adopted by the National Directorate. Full procedural guarantees are given to persons who may be affected by this procedure, in particular as regards transparent, effective reporting to ensure knowledge.
Emerging Administrative Resolutions of this procedure, may be challenged only before the National Agrarian Court in administrative litigation, within the period of 30 calendar days to be computed from the date of its notification.
The National Agrarian Reform Institute will be able to provide the necessary precautionary measures to ensure the substantiation and execution of the reversal resolution.
Social participation and control in the execution of the procedure.
If within the process of sanitation is identified and establishes the cause of reversal with respect to prediums with a degree free of defects of nullity, its reversal will be available according to the procedure of sanitation established in the regulation.?
ARTICLE 33 (Substitute Article 58). The wording of Article 58 is replaced as follows:? The expropriation of the agrarian property proceeds by reason of public utility qualified by Law or by
non-compliance with the Social Function in small properties at the request of the community and according to the Regulation of this Law, previous payment of a just compensation, in accordance with Articles 22, Paragraph II and 165 of the Constitution of the State.?
ARTICLE 34 (Substitute Article 59 Paragraph II). Paragraph II is replaced, paragraph IV is converted into III and the text of paragraph IV of Article 59 is replaced as follows:? II. Land expropriated by the public utility, as indicated in paragraph 1, paragraph 1 of this Article,
shall be made available on its own initiative or at the request of an interested party, exclusively in favor of indigenous and/or indigenous peoples. as a result of the process of sanitation of the agricultural property and the distribution of fiscal land have been endowed with sufficient land in quantity, quality and geographical location to ensure their physical subsistence and ethnic reproduction, according to a Supreme Decree establishing the causal regrouping and redistribution, prior to technical report prepared by the executive branch of the Executive Branch specializing in ethnic affairs and the opinion of the respective Departmental Agrarian Commission.
IV. Land expropriated for non-compliance with the social function of small properties shall be provided to the social organization to which they correspond or awarded to members of the same social organization.
ARTICLE 35 (Modifies Article 60). The text of Article 60 is amended as follows: I. The amount of the compensation for expropriation will be established taking into account the market value of the land,
improvements, productive investments or conservation investments on the land and other verifiable criteria through the respective legal instruments, set by the Agrarian Superintendence, to ensure fair compensation.
II. Alternatively, the affected holders may request to be compensated, partially or totally, with land extensions whose market value is equivalent to the amount to be compensated. In the amount to be compensated it will also be taken into account the cost of the investment made in the perennial and semi-perennial crops existing in the property.
III. The owner whose lands have been expropriated through a Executed Resolution, will not be obliged to make delivery of the same until the total payment in cash or the previous fulfillment of the established in the previous paragraph.?
ARTICLE 36 (Modifies Article 61 Paragraph V). The text of Paragraph V of Article 61 is amended as follows:? V. The Resolution of expropriation will be dictated by the National Director of the National Institute of Agrarian Reform and
may be challenged only before the National Agrarian Court in administrative litigation, in the period of the thirty (30) calendar days to be computed from the date of your notification.?
ARTICLE 37 (Substitute Article 62). The wording of Article 62 is replaced as follows:? The registration of the property expropriated in the Register of Royal Rights will not require public deed, being
sufficient to the effect the registration of the respective Administrative Resolution Executed, that will make place to the expropriation.?
ARTICLE 38 (Includes Numeric 8 in Article 66). Number 8 is included in Article 66, as follows:
? 8. The reversion of the law which, with a degree free of nullity, does not fully or partially comply with the social economic function.?
ARTICLE 39 (Substitute Paragraph I of Article 67). The content of Paragraph I of Article 67 is replaced as follows:? I. As a result of the consolidation the resolutions may be jointly or interchangeably, nullified,
modifying, confirmatory, constitutive and reversion.? ARTICLE 40 (Complementation to Article 75). Paragraph IV becomes Paragraph V and paragraph IV of Article 75 is included, as follows:? IV. The agrarian processes in procedure before the National Council of Agrarian Reform and the former?
national Institute
Colonization, will be recognized as valid for the process of sanitation, when they have a background in the official records of the National Service of Agrarian Reform according to the Regulation of this Law.?ARTICLE 41 (Includes the Social and Economic Function Principle in Article 76) The following principle is included in Article 76, as follows:? Principle of the Social and Economic-Social Function. By virtue of which the protection of the right of property and possession
is based on the fulfilment of the Social Function or Economic-Social Function as the constitutional precept established in Article 166 of the Constitution State policy and in accordance with Article 2 of Law No 1715, as amended by this Law and its Rules of Procedure.?
ARTICLE 42 (Includes the Paragrafs III, IV, and V to the FOURTH FINAL DISPOSITION). The Paragrafos III, IV and V are included in the Final Tenth Provision (Legal Regime), as follows:? III. The executing titles submitted to the sanitation will be valued as such when they have a background of
their processing in the official records of the National Service of Agrarian Reform, recognized according to the established in the Regulation of Law No. 1715.
IV. The replenishment of agricultural files and processes shall be carried out before the National Agrarian Reform Service and the National Institute of Colonization, which have been lost, disappeared or destroyed, in accordance with the procedure laid down in the Regulation of this Law.
V. The records that will serve as the basis for accrediting the existence of an agrarian process or process will be the following: book of record of income of causes, kardex cards of the National Reform Service Agriculture and the former National Institute of Colonization, book of referral of files, correlative records, statements of reason for judgments and orders of view, correlative registration of qualifications, correlative record of files, testimonies obtained from the protocols in the Notary of Government and Supreme Resolutions In the General Archive of the Presidency of the Republic.?
TRANSITIONAL PROVISIONS TRANSITIONAL DISPOSITION FIRST (Interdictation Actions During Sanitation). During the life of the
sanitation of the agrarian property, the agrarian judges will only be able to know and resolve agrarian interdictation actions regarding the prediums that have not yet been the object of the process of sanitation by the a resolution which instructs its effective initiation or with respect to those premises in which the reorganisation would have been completed in all its stages. The National Institute of Agrarian Reform, based on the Resolution that instructs the effective start and continued development of the process of consolidation to the implementation of the Final Resolution, will have to guarantee the exercise of the right of possession and ownership, by adopting, ex officio or at the request of a party, the precautionary measures that are required, such as the immobilization of the area, the eviction, the stoppage of works and others, which are timely and proportionate to the threat or risk of the case (a) the Commission shall, under the responsibility of the authority which is to take them, including the support of the public force. SECOND TRANSIENT DISPOSITION (Designated INRA Departmental Directors Period). Departmental Directors of the National Institute of Agrarian Reform, appointed to the date pursuant to Article 21 of Law No. 1715, will conclude their period of time at five (5) years from the date of their appointment.
TRANSIENT DISPOSITION THIRD (Processes in Processing). The judicial processes and administrative resources that are in the process of entering into force this Law must be concluded by the authority that has assumed jurisdiction, in accordance with the rules in force at the time of its processing. FOURTH TRANSITIONAL ARRANGEMENT (Inter-Institutional Commissions of Community Lands of Origin? CITCO). The Inter-Institutional Commissions of Community Lands of Origin is recognized? CITCO, of lowland and lowland, as an advisory body in order to monitor, evaluate and follow up the processes of sanitation of the agricultural property of community lands of origin. They will be made up of representatives of the Executive Branch and representatives of the indigenous peoples of the highlands and the lowlands, as appropriate, according to Specific Regulations. FIFTH TRANSIENT DISPOSITION (Special Sanitation Procedure without further processing). The special procedure for sanitation is established without further processing for the properties titled, in processing and legal possessions whose surface is equal to or less than the small agricultural property as well as for indigenous or peasant communities, provided that they do not infringe legitimate rights of third parties or conflict. Your procedure will be regulated in the Rules of Procedure. TRANSITIONAL PROVISION SIXTH (Conformation of the Third Chamber of the National Agrarian Tribunal). The Third Chamber of the National Agrarian Tribunal shall be formed within the sixty (60) calendar days of the promulgation of this Law, as the procedure provided for in Article 37 of Law No 1715 and in accordance with current legal provisions. TRANSIENT DISPOSITION SEVENTH (Animal Load). For prediums with livestock activity, the ratio of five (5) years hectares of area per head of livestock will be taken into account, as long as a law establishing the parameters of animal load is approved throughout the country, prioritizing areas if applicable. The Executive Branch is entrusted with the elaboration of the corresponding supporting studies. In addition, the following transitional equivalences will be taken: A beef is equivalent to ten heads of smaller cattle; the camelids will be taken as cattle. EIGHTH TRANSITIONAL ARRANGEMENT (Legal Possessions). The areas considered with legal possession, in sanitation, will be those which, prior to the validity of Law No 1715 of 18 October 1996, effectively comply with the social function or the social economic function, according to (a) shall be subject to, in a peaceful manner, continued and without affecting legally acquired or recognised rights. NINTH TRANSITIONAL ARRANGEMENT (Administrative Serversms). For the duration of the implementation of the process of sanitation of the agricultural property, the National Institute of Agrarian Reform may recognize or establish, in appropriate cases, administrative easements relating to pipelines, pipelines and polyducts, which had been established before the year 1996. The Regulation shall lay down the conditions and the procedure. TRANSIENT DISPOSITION TENTH. The provisions of this Law are applicable to all ongoing proceedings as of the date of their publication, saving resolutions and acts as provided for in Law No 1715. TRANSITIONAL PROVISION TENTH FIRST. All available Fiscal Lands declared to date and those declared as such at the conclusion of the ongoing consolidation processes shall be exclusively intended for the provision of indigenous, peasant and indigenous peoples and communities without land or those that possess them insufficiently. FINAL PROVISIONS FINAL DISPOSITION FIRST (Rules of Notification and Rights of Indigenous Peoples). The notifications with the resolutions that define the substance of the question raised in any competition procedure of the INRA, shall ensure that the right to defence as set out in Article 16, Paragraph II of the Constitution of the State is guaranteed.
In the case of resolutions relating to Community Lands of Origin and communal properties, double notification to third parties will be avoided, both with the Resolution that directly concerns them with the Resolution of Endowment, and be notified only with its Final Sanitation Resolution, under the responsibility of Law No. 1178. In application of Article 16, paragraph II of the Constitution of the State, within the judicial processes or administrative resources in which the final decision of the Constitution could affect the legitimate rights of the indigenous peoples They will be mentioned or notified, considering them to all legal effects as a necessary part of these processes, with the rights and procedural guarantees that they receive. FINAL DISPOSITION SECOND (Transfer of Land Property and Maintenance of the Catastral Information).
For the purposes of maintaining and updating the cadastral information and the agrarian property, any transfer of agricultural land must be registered, without further processing and without cost, at the National Institute of Agrarian Reform, as a form requirement for their validity and registration in the Register of Royal Rights. The regulation of this law will establish the respective procedure.
The National Institute of Agrarian Reform will coordinate with the municipalities the necessary procedures for the maintenance and updating of the cadastral information.
Is a single official geo database created? space, under the responsibility of the Viceministerium of Lands, which integrates the geographic information systems of the National Institute of Agrarian Reform, Agrarian Superintendence, Forest Superintendence, National Service of Protected Areas, National Statistics Institute and other State agencies. Each entity is responsible for updating the databases in the scope of their competencies.
FINAL DISPOSITION THIRD (Beneficial in the Community Land Titles). In the Executive Titles that are issued as a result of the process of sanitation and endowment processes in favor of indigenous peoples and originating as the Community Lands of Origin, it must necessarily be entered as a beneficiary or to the indigenous and original people. The National Institute for Agricultural Reform will be responsible for this aspect, because this aspect is included in the corresponding title. The enforceable titles issued prior to this Law may be subsated on their own initiative or at the request of a party.
FOURTH FINAL DISPOSITION (Internal Sanitation). The Internal Sanitation is recognized and guaranteed in all modalities for the consolidation of agrarian property, for the development and resolution of the respective process, in colonies and peasant communities, in accordance with the provisions in force.
FINAL DISPOSITION FIFTH (Legal Persons). The legal persons granted by the President of the Republic in accordance with the attribution contained in Article 5 of this Law will have the same value as those granted under Law 1551 of Popular Participation. They shall be granted as long as, having complied with the requirements of Law, there is a refusal or there is a delay for more than forty-five (45) calendar days, be it by the Municipal Governments Subprefectural or the corresponding Prefectural: President of the Republic shall appraise the application by opening jurisdiction for the granting of the legal personality requested. The Rules of Procedure of this Law shall establish the conditions and the procedure.
FINAL DISPOSITION SIXTH (Possession of Small Properties). Where the legal possession is intended to cover a surface within the margin considered for the small agricultural property, the holder shall be given the maximum area corresponding to the small property according to the geographical area, whenever available lands are available.
FINAL DISPOSITION SEVENTH (Social Control). The participation of the social organizations and producers, members of the National Agrarian Commission or the Department Agricultural Commissions, is guaranteed in the sanitation, reversion, expropriation, endowment and adjudication established in Law No. 1715, as amended by this Law; the representatives of these social organizations and producers are empowered to sign forms, to do to provide any comments which they consider necessary at any stage of their substantiation; and obtain a copy of the same. The non-participation of these representatives does not suspend or annul the execution of any act. The Ombudsman and the Municipal Governments through their competent bodies may intervene in these processes within the framework of their privileges, and any person may request information from the processes indicated.
EIGHTH FINAL DISPOSITION (Gender Equity). The participation of women in the processes of sanitation and land distribution is guaranteed and prioritized. In the case of free or de facto marriages and conjugal unions, the enforceable titles shall be issued in favour of both spouses or cohabitants who are working the land, including the name of the woman in the first place. The same treatment will be granted in the other cases of female co-owners and men who are working the land, regardless of their marital status. FINAL DISPOSITION NINTH (Properties of the Armed Forces of the Nation).
During the process of sanitation of the agrarian property the agrarian pregod of the Armed Forces of the Nation, who do not fulfill a Social Function or Economic-Social Function in the terms established in Law No. 1715, modified by This Law, but which have specific purposes relating to its fundamental constitutional mandate to defend and preserve the national independence, security, stability, honor and sovereignty, duly accredited, shall be recognized in the the area concerned, in accordance with the general rules of the reorganisation process, such as: property of the Armed Forces of the Nation, saving the legally acquired rights by third parties.
The Regulation will regulate the conditions and characteristics of the verification of these activities.
The properties of the Forces Navies of the Nation that during the sanitation need to be consolidated through the award, are exempt from the payment of the price of the value of the award. Likewise, the properties of the Armed Forces are exempt from the payment of the sanitation fees.
Once the need to allocate a predium to the specific purposes described above has disappeared, the lands will return to State domain, for redistribution.
FINAL DISPOSITION TENTH (Recognition of Usufruct Rights in favor of Public Entities). The National Institute of Agrarian Reform, once the process of sanitation of the agrarian property has been completed and identified and declared the fiscal lands, will be able to recognize in an exclusive and exceptional way the rights of usufructo on the earth, in favour of public entities and institutions in general, for the purposes of scientific research, education and health, specific constitutional mandates relating to national defence and security, as well as the defence of society and conservation of public order, fully justified provided that they so request and according to established in the Regulations of this Law. It will grant this special right for a given time and for the duration of the cause which gave it cause, constituting the specific purpose of the way to acquire and preserve this right of usufruct. TENTH FINAL DISPOSITION (Support for Communities Dotted with Fiscal Lands). The State will provide technical and economic support to the peasant, indigenous and indigenous communities, which benefit from the allocation of fiscal land, for cash. development of their productive potential, in accordance with the sustainable use of land, in accordance with Article 168 of the Constitution of the State. TENTH FINAL DISPOSITION (Substance and Resolution of Procedures). The processes of sanitation, reversion and expropriation will be substantiated before the corresponding Departmental Directorates of the INRA and the Final Resolutions, in these procedures, will be adopted by the National Directorate of the INRA. TENTH THIRD FINAL DISPOSITION.
The 2nd and 3rd paragraphs of Article 57 of Law No. 843 (Ordered Text), replaced by the Additional Disposition II of Law No. 2493 of August 2003, are amended as follows:
? In the case of agricultural property, the payment of the tax shall be determined by applying an aliquot of 0.25% to the tax base defined in paragraph I of Article 4 of Law No 1715. From the effective collection of this tax, the beneficiary municipalities will allocate 75% at least to the investment in basic rural infrastructure and agricultural health.
The rights acquired during the validity of the aforementioned legal standard based on the plans of the predial system, must conform to the constitutional and legal provisions in force in the matter. In no case, the plans of the predial order constitute, in themselves, compliance with the Economic-Social Function
ABROGATORY AND REPEAL PROVISIONS ONLY ARTICLE. The final part of Article 45 of the Law is repealed. No 1700 of 12 July 1996? Forest Law,
concerning the jurisdiction of the Supreme Court of Justice. Refer to the Executive Branch for constitutional purposes. It is given in the Session Room of the Honorable National Congress, at the twenty-eight days of the month of November of two thousand six years. Fdo. Santos Ramirez Valverde, Edmundo Novillo Aguilar, Ricardo Alberto Diaz, Felix Rojas Gutierrez, Oscar Chirinos Alanoca, Alex Cerrogrande Acarapi. Therefore, it was enacted so that it has and will comply with the law of the Republic. Palace of Government of the city of La Paz, at the twenty-eight days of the month of November of two thousand six years. FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Hugo Salvatierra Gutiérrez.
