Modifies Law-Decree N ° 5, 1968, Of The Ministry Of Agriculture, Which Contains Legislation On Agricultural Communities

Original Language Title: MODIFICA DECRETO CON FUERZA DE LEY N° 5, DE 1968, DEL MINISTERIO DE AGRICULTURA, QUE CONTIENE LA NORMATIVA LEGAL SOBRE LAS COMUNIDADES AGRICOLAS

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"Article 1.-amend the decree with force of law N ° 5, 1968, of the Ministry of agriculture, in the form indicated: 1. replaced the article 1st, by the following:"article 1.-for the purposes specified in this decree with force of law, means farming community the grouping of a common rural land owners that take it " explode or grown, which are organized in accordance with this legal text.
These communities shall enjoy legal personality from the inscription of the property on the real estate conservative respective. As a result, will be able to exercise rights and contract obligations and be represented in judicial and extrajudicial. "."
2 Agreganse, then of article 1, the following provisions: "(Artículo 1° bis a).-Notwithstanding the provisions of the preceding article, the rules of this decree with force of law shall not apply to the occupiers of land to any title that have received prior to the application of agricultural community, to any standard of sanitation or regularization of property" including among them the ordinary procedures in the Civil Code; land covered by populations declared in an irregular situation according to the law N ° 16.741; indigenous land governed by law N ° 17.729; land of the island province of Easter and, in general, any community or group of persons which has played host to another standard that governs the Constitution or regularization of the domain in relation to the property concerned.
Article 1 bis b).-for the purposes of this decree with force of law is will by: to) villagers: are the rights holders on the common grounds listed in the payroll which is issues according to this legal text;
(b) singular enjoyment: is a certain portion of land owned by the community that is assigned to a villager and his family for their exploitation or culture with permanent and exclusive;
((c) rain: is a certain portion of land owned by the community that is assigned to a villager and his family for a certain period, and d) common ground: is that part of the property of the community which has not been is no singular enjoyment or rain.
Article 1 bis c).-The Communards are owners of a right or share on common premises, which allowed access to the use and enjoyment of the property of the community, in particular, and without implying that the enumeration is not limited, you can exercise them on: to) the common land, in the form determined by it the Junta General de Comuneros;
((b) enjoyments unique to assign them General meeting of community members in a way exclusive and permanent), and (c) the rights of exploitation of waters having the community by the competent registration, the rain water that fall or are collected in the common premises and which correspond to slopes that are born, run and die within the same premises. "."
3 amending article 2 as indicated: to) add, then the word "Communities", the word "Agricultural".
(b) delete the phrase "provided that the Department of securities involved in them".
4 modify the article 3, in the following terms: to) in your paragraph first, added, then the word "Communities", the word "Agricultural" and replacements "Department" words "of the Division of Constitution of the property root of the Ministry of goods nationals".
(b) in the second paragraph, replace the sentence "the Department titles or by the head of the Office of land and national property" by "Constitution Division of the real estate" or by the head of the Provincial Office of national assets.
(c) replace your third paragraph by the following: "Division shall hear the head of the Department of programming and Control of the Ministry of national property and decide within a period of ninety days, counted from the date of filing of the application. If it does not make it, will be approved the request submitted by the requesting. "."
(d) in its fourth paragraph, add after the word "Community", the term "Agriculture" and the expression "Chief Counsel" shall be replaced by "Chief of the Division of Constitution of property root".
(e) in its paragraphs fifth, seventh, tenth and eleventh replacements the words "Chief lawyer" for "Chief of the Division of Constitution of property root".
(f) in its sixth and eighth paragraphs, add, after the expression "The community", the word "Agricultural".
(g) in its paragraphs ninth, tenth and twelfth reemplazanse the words "Deputy Chief lawyer" by "Head of legal department".
(h) in its tenth paragraph, replacements the words "Director of lands and assets national" by "Undersecretary of national goods" and "Heads of offices of the address of lands and goods national" by "Heads of the offices provincial goods national".
5 insert, then of article 3, the following new: "article 3 bis.-before its Constitution, those interested in forming a farming community will elect, from among its members, a provisional board, whose purpose will be to represent applicants before the Ministry of national property, organise meetings as needed and gather background required during the process of renovation of the community.
To this directory will be applicable the provisions of the second paragraph of article 17. Their number may not be less than three, and shall choose from among its members, a President, who will have their representation. Its functions will cease in the subpoena referred to in article 8. '. "
6 amending article 4 as follows: to) replaced, in its first paragraph, the word "Department" stemming"from the Division of Constitution of the property", and the word "it" by "this".
((b) in its letter to), agreganse the words "Agricultural" and "Agricultural" then "Community" and "Communities", respectively, and the expression "Chief Counsel" shall be replaced by "Chief of the Division of Constitution of property root".
((c) replace its letter b), with the following: "(b)) establish the comuneros payroll dues or rights over the common land and its unique pleasures. For these purposes, you should hear the temporary directory.
Any other person or entity that has an interest in the matter may be heard. "."
((d) added in its letter c), after the word 'Community' the word "Agricultural".
e) added, in his letter d), after the word 'Community', the word "Agricultural" after the term "property", the following phrase: "and rights of use of water" followed by a dot (.), and be replaced with the expression "Chief Counsel" "Chief of the Division of Constitution of property root".
((f) replacements, in the letter e), the words "six months" for "one year" and "Chief Counsel" stemming"Chief of the Division of Constitution of the property".
7 amending article 5 in the following terms: to) in the first subparagraph, replacements the words "Department of titles" by "Constitution Division of the real estate", and add, then the word "Community", the expression "Agricultural".
(b) in the second paragraph, add after the word "Community" the word "Agricultural" and insert, after the word "less" and before the comma (,) that follows, the following sentence: "with prior to the date of filing of the application".
(c) in the fourth subparagraph, add, after the expression "The community", the term "Agricultural".
8 modified article 6 as follows: to) in subsection first, replace the expression "Department" by "Constitution Division of real property".
((b) in the letter to), replace the conjunction "and" with a comma (,), and add, after the word "common", the following phrase: "and the rights of use of community-owned water.".
((c) in point (b)), insert, after the word "land", the following phrase: "and rights of use of waters".
((d) add the following letter h), new: "h) the way that the use of the registered rights of use of water, stormwater and sheds that exist in the community is distributed among the comuneros.".
(e) in paragraph second, reemplazanse the words "all" by "three quarters".
9 amended article 7 as follows: to) in subsection first, replace the expression "Department" with the phrase "the Constitution Division of the real estate"; reemplazanse the words "on the designated lands" by the terms "both on land and the rights of exploitation of waters designated", and add, then the word "Community", the word "Agricultural".
(b) in the second subparagraph, delete the word "or", written after the first comma (,); Add, after the word "rights", the phrase: "and the unique pleasures", and deleted the final sentence 'if they are based on public instruments, which must be accompanied in the same Act"and the comma (,) that precedes it.
(c) in the third subparagraph, add, after the word 'Community' the word "Agricultural"; replace the conjunction "and" with a comma (,), and add, after the word "one", the following phrase: "and to the rights of use of waters".
(d) add the following final paragraph: "the procedure thus started will be considered voluntary jurisdiction and procedures to which articles 11 observations give rise, 12, 13 and 14 must be processed in separate notebook.".
10. replace article 8 °, by the following: "article 8 °.-citation to the subpoena about the previous article will be through two notices, of which one will be published in a newspaper on the header of the province and the other in a newspaper of the Department where they have their seat the tribunal. If there is no newspaper in the Department, shall be taken both publications in a newspaper in the provincial capital. Not less than twenty working days must mediate between the first publication and the subpoena. The newspapers will be appointed by the judge.
The subpoena will be held with the interested parties to attend, provided that they are two or more.
The Ministerial Regional Secretariat be disseminated through radio stations in the province that is flavored located property, the citation to the subpoena and the object of its realization.
Citation and dissemination shall be recorded in the minutes of the subpoena. "."
11 insert, in article 9 °, between the words "common" and "contained", the phrase "and their rights to use of waters"; the word "Department" be replaced by the terms "the Division of Constitution of property root", and added, after the word 'Community' the expression "Agricultural", all three times that it appears in your text.
12 amending article 10 as follows: to) in subsection first, insert, between the word "common" and the comma (,) that follows it, the phrase "and the rights of use of water" and replacements the words "of the Department of titles" stemming"from the Division of Constitution of the property".
(b) in the second paragraph, add, after the word "fees", the following phrase: "or to the determination of the unique pleasures that fishing them.".
(c) in the third subparagraph, intercalanse, between the word "common" and the comma (,) that follows, the phrase "and the rights of use of waters"; and, between the word "quotas" and the comma (,) that follows it, the phrase "or to the determination of the unique pleasures that fishing them".
(d) in the fourth subparagraph, add, after the word 'Community' the expression "Agricultural".
13 amending article 11 as follows: to) in subsection first, insert, between the words "common property", and the comma (,) that follows, the following phrase: "and their rights to use of waters"; replace the word "Department" with the words "the Division of Constitution of property root", and replace the phrase "six months", which goes next to the words "term of", with the phrase "a year".
(b) Insert, as new, second subsection the following: "the judge shall designate applicants the limitation periods in this decree with force of law, what must be recorded in the minutes.".
(c) replace, in your second paragraph, which happens to be third, "5 °" by "7th" figure.
14 amending article 14 as follows: to) in subsection first, replace the word "Department" with the words "the Division of Constitution of property root"; replaced the word "unanimously" by the expression "three quarters", and added, as final section, after the dot (.), the following sentence: "The Court will hear to the provisional directory referred to in article 3 ° bis.".
(b) in the second paragraph, replaced the expression "all the community members present unanimously" by the following: "two-thirds of the comuneros attendees, representing at least seventy percent of the rights involved in the community".
(c) in the fourth subparagraph, insert, after the words "police and", the phrase "to the municipality of the district or districts corresponding to the location of the property, and".
15 modifying article 15 as follows: to) in subsection first, insert, after the word "common", the phrase "certain rights of use of waters and the singular pleasures", preceded by a comma (,), and add, then the word "Community", the word "Agricultural".
(b) in the third paragraph, add after the word "Community" the expression "Agricultural".
(c) in the fourth subparagraph, add, after the word "Directory", the phrase "to succeed the provisional", and replaced the expression "Department" with the phrase "the Constitution Division of the real estate".
(d) in its final paragraph, add, after the word 'Community' the term "Agriculture"; the word "Department" shall be replaced by the words "the Division of Constitution of property root" and add, after the word "represent", the phrase "and the directory".
16 be amended article 16 as follows: to) in subsection first, add, then the word "Community", the word "Agricultural".
(b) in the second paragraph, add, point followed, the following sentence: "each villager is entitled to one vote.".
(c) repeal the fifth paragraph.
(d) replace the sixth subparagraph by the following: "Ordinary and extraordinary general meetings may be made with the assistance of a lawyer of the service, at the request of them, to guide the comuneros on legal rules that affect them and serve as spokesperson with the Ministry with respect to issues falling within its competence.".
(e) repeal the seventh paragraph.
17 adding, in the fourth paragraph of article 17, the term "Agricultural", following the word "comunidad"."
18 amending article 18 as follows: to) replace the letter c), with the following: "c) approve the distribution of unique enjoyments and use of water rights, on the proposal of the Board." First, it will produce a payroll that will be filed in the respective office and, second, in the office of water. It will not affect the existing originating singular pleasures before the regularization of the community; "."
((b) replace the letter g), with the following: "g) determine the quotas in proportion to the allocation of unique pleasures and the use of common property that should attend the commoners for the financing of the community;".
((c) in its letter j), add, then of the word 'Community', the expression "Agricultural".
19 amending article 20 as follows: to) added, in its letters to), e), g) and h), after the word 'Community', the expression "Agricultural", all times appearing in their texts.
((b) replace, in its letter c), the expression "five people" by the expression "one-tenth of the Communards, with a minimum of five".
((((c) Agreganse the following letters h) e i), new, passing the current letter h) to be letter j): "h) apply measures laid down by the General meeting of community members who lead to the maintenance of order and harmony between members of the community."
(i) receive or propose projects that seek the economic development of the communities to the General Board of Comuneros. "."
((d) add the following letter k), new: "k) preserve the integrity of the heritage of the community and its ecological environment and the adequate management of their natural resources.".
20 modified its article 21 as follows: to) added, in its third paragraph, then of the words "legal representation", the phrase "and extrajudicial"; Insert, between the word "Community" and the comma (,) that the word "Agricultural" follows her, and removed its section final, passing the dot (.) continued to be separate (.).
(b) repeal its fourth paragraph.
21 article 22, replaced by the following: ' article 22.-all the disputes which arise between the comuneros, or between them and the agricultural community, relating to the use and enjoyment of the land and other common goods, shall be subject to arbitration in the directory, that will try to reconcile the parties, what will rise Act. " If such conciliation is not heeded, within the period of thirty days after recorded in the minutes, part will go to the judge of letters in civil matters in the domicile of the farming community.
The interested party shall submit its demand, in writing, or verbally, before the clerk of the Court, which in the latter case will raise the requested Act. The demand shall be dealt with summarily, and brief with the following modalities: the parties may appear personally, without the sponsorship of lawyer; the conciliation will be mandatory procedure; before sentencing, shall hear the President of the agricultural community and the Regional Ministerial Secretary of national assets in the Region in which the farming community, is located and if it has been in more than one of any of them. The judge will appreciate the test in accordance with the rules of healthy criticism; the sentence will only be subject to appeal, which must be briefly but was founded, and the Court extremely will add it to the table.
The same court will know of the claims of the sanctions applied by the Board of community members in use of the powers of the letter e) article 18, when they are of order pecunario. "."
22 amending article 24 as follows: to) replace the first paragraph with the following:
"Article 24.-Dispose of or encumber, in all or in part, the common grounds and the rights of exploitation of waters of a farming community, shall require the consent of all the commoners, except that concerned a partial transfer or the establishment of an assessment, total or partial, in order to develop a project of an organism of the Government in these areas or municipal" , and the General Board of community members will approve it with the consent of 50% of attendees comuneros. "."
(b) replace the second paragraph by the following: "the statutes may confer on general meetings the power partially dispose of or encumber, wholly or partly, land or rights provided for in the previous paragraph, whenever they have agreements to be taken with the consent of at least two-thirds of the community members representing not less than 70% of registered rights.".
(c) in its third paragraph, insert, between the word "assistants", first appearing, and the comma (,) that follows, the following sentence: "that represent at least 50% of the registered rights" and add, then the word "Community", the expression "Agricultural.".
(d) replace the final paragraph of the same paragraph by the following: 'may, in addition, by agreement of two-thirds of attendees, representing at least 50% of registered, authorize rights directory to lease, for a maximum period of ten years, the common grounds and the rights of use of water, with the exception of the unique pleasures. In case of renewal of the mentioned contract, the Board must consent to the directory, for which you will need the same quorum mentioned above. "."
(e) repealed its final paragraph.
23 modified article 25 as follows: to) repeal your paragraphs first, second, third and fourth.
(b) Insert, as new, first subsection the following: "article 25.-agricultural communities incorporated and organized by this law, whose application has been accepted by the Ministry in accordance with the provisions of article 3, they shall not apply provisions contained in Decree Law N ° 2.695, 1979, or any other standard sanitation led to the Constitution of the domain.".
(c) Insert, in the final paragraph, after the word "regulate", the phrase ", by the standards of Decree Law N ° 2.695, 1979,".
24 be amended article 26 as follows: to) replace, in the first paragraph, the phrase "one-third" by the expression "50%" and add, then the word "Community", the word "Agricultural".
(b) repeal of the second paragraph.
25 Modificase article 27, as shown below: to) add, in its paragraph first, then the word "Community" the term "Agricultural", the three times that used.
(b) Insert, in its second paragraph, after the word "education", the word "health", preceded by a comma (,).
(c) repeal of its third paragraph.
26 changed first subparagraph of article 28 as follows: to) the phrase "in the preceding articles" shall be replaced by "in this decree with force of law".
(b) add the following final sentence: "In any case, be governed by the rule of article 57.".
27 be replaced, in the first paragraph of article 31, the expression "six months" "a year" and add, after the word "Communities" the word "Agricultural", both times that is used.
28 amending article 34 of the following way: to) replacements their first and second, subparagraphs by the following: ' article 34.-If the actions referred to in articles 30 and 31 is done against the farming community, the demand must be notified to the President of the community and the head of the Provincial Office of national goods corresponding, in accordance with the provisions of title VI of the first book of the code of Civil procedure. ".
(b) add, in its third paragraph, that happens to be second, next to the word "Community" expression Agricola".
(c) add, in its fourth paragraph, that happens to be third, after the word 'Community' the word "Agricultural" and the phrase "Land Office and national goods" be replaced by "Provincial Office of national goods".
29 amending article 38, as follows: to) in your paragraph first, add after the word 'Community' the expression "Agriculture"; Insert, after the word "legitimate", "natural or adopted" expressions, and deleted the final sentence: "In the absence of legitimate children children natural and, in the absence of these, shall have preference, in the same way, the adopted.".
(b) in the second paragraph, the expression "Department of titles" shall be replaced by the words "Division Constitution of property root" and add, after the word "Community", the word "Agricultural".
30 amended article 39 as shown below: to) added, in its paragraph first, then of the word "Community" the expression "Agricultural" and replaced the phrase "Land Office and national goods" with "Office Provincial goods national", both times that it appears in the text.
(b) replace, in its second paragraph, the expression "Office land and assets national" by "Provincial Office of national goods", and added, after the word 'Community' the term "Agricultural", both times that it appears in the text.
(c) replace, in its third paragraph, the expression "Department of titles" stemming"Division of Constitution of the property".
(d) add, in its final paragraph, point followed (..), the phrase: "Accordingly, may not be transferred or transmitted separate from the law or the community fee singular enjoyment.".
(e) Incorporanse, as sixth and seventh paragraphs, new, as follows: "the assignee of a singular enjoyment distributed in the way established by law may not be removed without their express consent.
For the purposes of the rural housing subsidy, persons appearing on the list of community members in accordance with the provisions of article 1 shall have the right of access to this subsidy, being sufficient title appear on the payroll of commoners who are duly registered in the registry of property of the conservative's real estate respective. "."
31 modified its article 42 as follows: to) in its third paragraph, replace the expression "of 10% of the total of registered rights" by the phrase "of the three per cent of registered rights".
(b) in its final paragraph, replace the sentence "such rights will be distributed among the commoners, in proportion to their assessed contributions" by the expressions "these will be awarded in the form established in the following article".
(c) add, after the word 'Community', the expression "Agricultural", all the times that it appears in your text.
32 interlayer, then its article 42, the following, new: "(Artículo 42 bis.-Si un comunero dejare de pagar las cuotas a que se refiere en el artículo 18 letra g), for a period exceeding ninety days, their percentage of ownership of the Community interest will not be considered for the purposes of the adoption of those measures that require" , in accordance with the rules of this decree with force of law, assistance or vote in favour of a minimum number of Communards. If the debt accumulated by this concept, equals or exceeds the value of rights or share of a villager in the agricultural community, this may request before the judge of letters in the civil of the commune or group of communes in which is located the community, the adjudication of their rights or share in compensation amount owed.
The children of residents listed in the respective payroll may only acquire these rights. The adjudication of these rights will be in the form established in the statutes. This procedure shall be followed, provided that the agricultural community acquires shares or rights to any title.
If no son of villager can or wishes to acquire these rights, can be distributed pro rata among all residents. "."
33 amended article 43 as follows: to) added, in his first paragraph, then of the word 'Community', the expression "Agricultural".
(b) replace, in its third paragraph, the word "divide" by "settled".
(c) delete, in the same paragraph, the phrase that says: "prior authorization of the Ministry of national assets,".
(d) delete the final sentence of the third paragraph, which says: "the settlement is subject to the rules laid down in the following articles.".
(e) delete the fourth paragraph.
34 be added the following new article: "article 43 bis.-liquidation shall be subject to the rules laid down in the following articles, shall be made by the judge who met the management of sanitation of the farming community and there must be an allotment project, endorsed by the Ministry of national assets.".
35 be amended article 44 as follows: to) replace, in its first paragraph, the expression "Community" by "Farming community"; the phrase "Department of titles" by "Division of Constitution of property root", and the word "concerned" by "comuneros".
(b) replace, in its second paragraph, the word "concerned" by "comuneros".
36 delete paragraph first article 46 the phrase "final subsection of the" and add, then the number "43", the word "bis".
37. replace article 49, by the following:
"Article 49.-you can divide or segregate a part of common grounds for installed in the segregated an industry, trade or other establishment that has independent economic life or when the public interest so requires.
You can also split or segregate certain grounds for bailing obligations related to development projects or investment proposed by the Board of Directors for the benefit of the community.
70% of the registered rights will suffice for this purpose, the agreement of the extraordinary General meeting, taken by two-thirds of locals, representing, at least.
However, the Junta General de Comuneros may authorize segregation or partial division of their common land to establish, in the segregated part, individual properties in favor of them appearing on the payroll of Communards, provided that it is done according to the following procedure: 1 °) the agreement shall be adopted at an extraordinary General meeting, specially convened to this effect, by an absolute majority of the attendees , provided that represent not less than 50% of the registered rights. However, the community members that are in arrears for failure to pay their share for the farming community for more than ninety days and so the Junta General de Comuneros, credits are not accounted for the effect of this quorum.
2 °) the surface segregated or split in any case exceed 10% of the total common area.
3 °) the comuneros which, at the time of adopting the agreement to segregate the common grounds, have started or completed the process of regularization of their individual enjoyment by the procedure established by law N ° 18.353, shall be excluded from the benefits of this segregation.
4 °) to proceed with the allotment of the segregated area, will divide it by the number of rights corresponding to the beneficiary community members, who may individually sign properties of surface equivalent to the rights or shares having in the agricultural community. The allocation shall be determined by common accord of the General Board of the Comuneros.
However, residents possessing a singular enjoyment distributed in the way established in article 18, will be assigned preferred the place in which the mentioned singular enjoyment is located.
5 °) the allotment process will take place in what corresponds, according to the provisions of title III of this decree with force of law. "."
38 interlayer, then Article 54, the next new: "article 54 bis-Declaranse disaffected their quality of public use the running waters that drain through natural channels, constituting excess, after used the rights of use of permanent exercise."
Constitute right of use on these waters for farming communities can benefit, in accordance with the distribution that will make the General direction of water. "."
39 modify expressions that then are indicated, contained in articles that are designated as follows: to) replace the word "Department" "Division", in articles 12, 13 and 51, second paragraph.
(b) add, after the word 'Community' the expression "Agricultural", in articles 19; 23, first and second subparagraphs; 35, subsection first;
37, paragraph first, the first time that appears in its text; 41, subsection first; 46, subsection first; 47, first and second subparagraphs; 51, paragraph first, and 54, first subparagraph.
(c) replace the phrase "Direction of statistics and census" by "National Institute of statistics", in articles 46, eighth paragraph, and 58.
(d) be replaced with the expression "Department of titles" "Division Constitution of property root", in the articles 46, eleventh paragraph; 51, subsection first; 52, subsection first; 53 and 54, first and second subparagraphs.
(e) Reemplazanse the words "Lawyer head of securities Department" stemming"Chief lawyer of the Division of Constitution of the property" in article 54.
(f) replace the denomination "Address of lands and assets national of the Ministry of lands and colonization" by "Under-Secretary of the Ministry of property national", in article 50, first subparagraph.
(g) replace the expression "Ministry of lands and colonization" by "Ministry of national assets", in article 51, second paragraph.
(h) replacements designations "Address lands and assets national" by "Undersecretary of goods national", in article 54, the first paragraph and "Director of lands and assets national" by "Undersecretary of national goods", in its third paragraph.
(i) add, after the word "Communities", the expression "Agricultural", in articles 52, subsection first; 54, third subparagraph; 55, first and second subparagraphs; 56 and 59.
40. delete the heading that says: "Transitional provisions", which precedes the transient single article".
41 repealed transitional single item.