LAW 41 OF 1993
Official Gazette No. 40,731., 25 January 1993.
Whereby the land improvement subsector is organized and functions are set. Summary
CONGRESS OF COLOMBIA DECREES
CHAPTER I. GENERAL PROVISIONS
ARTICLE 1o. OBJECT. This Act is to regulate the construction of land improvement, in order to better and more productive agricultural activities, ensuring the protection and conservation of watersheds.
. WATER CONCESSIONS. The administering authority of the land improvement works, will be responsible for obtaining concessions surface and groundwater related to the use of these in collective or individual benefit within a specific area.
It shall be for the managing entity of each irrigation district function to grant the right of use of surface and groundwater in the area of land improvement districts.
ARTICLE 3. Land Development-CONCEPT. For the purposes of this Law means land improvement, construction of infrastructure designed to provide an area with irrigation, drainage and flood protection, with the aim of increasing productivity in the agricultural sector.
The adequacy of land is a public service.
ARTICLE 4. DISTRICT OF FITNESS LAND-CONCEPT. The delimitation of the area of influence of infrastructure designed to provide an area with irrigation, drainage and flood protection; for management purposes and management will be organized in units of agricultural operating under the name of Land Improvement Districts.
The 5th ITEM. USERS DISTRICT. He is a member of a District Land Improvement any natural or legal person who operates as owner, holder or owner, credited with just title, an estate in the area of the District. As such, must abide by the laws or regulations governing the use of services, the management and conservation of works and the protection and defense of natural resources.
PARÁGRAFO. The user of a District Land Development, shall be jointly liable with the owner of the land, of the obligations of services in the respective District property.
ARTICLE 6o. Expropriation for PUBLIC UTILITY AND SOCIAL INTEREST. Please state public utility and social interest acquisition swaths of land, improvements privately owned or public entities of land for the construction of reservoirs, or adaptation works land as irrigation, drainage, drainage and control floods.
If the owners of such properties, stripes and improvements deemed necessary to acquire not negotiate voluntarily, the HIMAT and other public bodies may expropriate executors as established by the law.
ARTICLE 7. SERVANTS. It is considered a public utility easements establishing transit, sewage, drainage, and water supply, necessary for the implementation of land improvement works in accordance with the provisions of the Civil Code.
CHAPTER II. SUBSECTOR
Article 8. SUBSECTOR land improvement. Subsector Land Improvement will consist of the Ministry of Agriculture, as the governing body of policies in land improvement, by the Higher Council for Land Development, as an advisory body and coordinator of these policies by the Colombian Institute of Hydrology, Meteorology and Adaptation of Lands -HIMAT- along with public and private entities, as executing agencies, and the National Land Improvement Fund, as an administrative unit project financing irrigation, drainage and flood control.
Article 9. SUPERIOR COUNCIL OF LAND SUITABILITY. Effective Notes
ARTICLE 10. FUNCTIONS COUNCIL FOR LAND SUITABILITY. Effective Notes
monitor projects. It is for the HIMAT assess the situation of the projects developed by the executing agencies of the Districts, in order that the Higher Council for Land take appropriate actions to correct the deficiencies that may arise and achieve the goals and intended outcomes for the subsector.
INITIATIVE IN THE IMPLEMENTATION OF INVESTMENT PROJECTS
ARTICLE 12. PROMOTION OF LAND SUITABILITY. The HIMAT and other bodies designated by the Superior Council for Land as executing agencies have the special role of promoting and managing national initiative in rural communities when implementing projects demand land improvement. Similarly, they have the commitment to promote the organization of user associations and their links to the federation of such associations.
1: For the selection of priority projects for implementation the following criteria will be used, among others. Degree of community interest in the project implementation.
2. social profitability.
3. strategic location of projects regarding export ports, medium and large consumption centers.
4. Index concentration of small and medium owners.
pre-investment support. It is the responsibility of HIMAT and other executing agencies, provide technical assistance and advice on identifying projects and in hiring studies, design, construction and interventorías promoted by the private sector as well as in the administration of the Districts.
These services can also be provided by private persons or companies specialized in the records registered for this purpose take the HIMAT or FONADE.
CHAPTER IV. EXECUTING AGENCIES
ARTICLE 14. CONCEPT. They are executing agencies of Land Improvement Districts, the Colombian Institute of Hydrology, Meteorology and Land -HIMAT- and those public and private entities authorized by the Higher Council for Land.
ARTICLE 15. FUNCTIONS EAs. In order to achieve the objectives set forth in this Law, it is up to the implementing agencies, special powers, in addition to those identified in other legal provisions:
1. Participate in the development of plans and programs for land improvement to be submitted to the Superior Council of Land Development for approval.
2. Perform identification studies in watersheds to determine profiles of new projects.
3. Prepare pre-feasibility studies, feasibility and project designs land improvement, make necessary for the financing of works and carry out construction activities, all in accordance with the policies and guidelines set by the Board of Adjustment Land.
4. Promote the active participation of the beneficiary communities during the development of their projects.
5. Coofinanciar projects with other national or foreign, or individuals.
6. Promote the organization of user associations Districts Land Development and provide legal advice and technical assistance to its constitution and processing of water concessions.
7. Train users associations to assume direct responsibility for managing, operating and maintaining the works in their respective districts.
8. Monitor and control user associations to adapt their actions and behavior guidelines and standards for this purpose issued by the Superior Council Land Development through regulations. In the case of private entities implementing, monitoring in this regard shall be exercised by the HIMAT.
9. Issue, in accordance with the guidelines set by the Higher Council for Land Development, management regulations, management and use of Land Improvement Districts, to which must undergo users associations in managing them.
10. Apply manual basic technical standards issued by the Higher Council for Land when performing irrigation, drainage and flood protection.
11. Process to the Technical Secretariat of the Higher Council for Land, the proposals on basic tariffs and service utilization formulate user associations. The latter shall take into account the policies established by the Board of Land Development for this purpose and obedecimiento, as a general rule the principle that rates or fees cover the actual costs of administration, operation and maintenance, and replacement costs of teams in each district and the protection and conservation of the respective basins.
12. Issuing regular budgets of management, operation, maintenance and improvement of the Districts of Land Development and extraordinary that needed to finance works or emergency equipment not covered by the regular budget, and approve these budgets when issued by the Users associations as managers of the Districts.
13. Establish the amount of public investment in the construction or expansion of Land Improvement Districts and indicate the recovery quotas such investments by the beneficiaries, as the share of subsidy; taking into account the guidelines established by the Higher Council for Land on payment, terms and financing of such obligations.
14. Acquire by direct negotiation or expropriation, land, strips of land or improvements owned by private or public entities, which are required for the implementation and development of land improvement works under Article 6. of this law. In the case of private entities expropriation HIMAT the advance.
15. Arrange the creation of easements for public purposes when required for users or the Land Improvement District to fully achieve the benefits of the respective works. When the application concerned easements from private executing agencies HIMAT the advance.
16. Recover the portfolio investments in land improvement works.
17. Collect fees for services rendered and fees for administering the waters, while the association of users do not have the quality of district administrator.
18. Imposing, in the exercise of police power, coercive measures requiring administration of works and services and punish, in accordance with the regulations, those who violate the rules of operation and management of Land Improvement Districts. In the case of private entities, such power be exercised by the HIMAT. CHAPTER V.
ARTICLE 16. FUND ADAPTATION OF LAND. Create the National Land Improvement Fund as an administrative unit -FONAT- financing Subsector Land Development, which aims to fund studies, designs and construction of irrigation, drainage and flood control, according with the policies outlined by the Board of Land Development.
The fund will operate as a separate budget of HIMAT who handle and its legal representative is the Director General of the institute account. Effective Jurisprudence
HERITAGE. The assets of the National Fund for Land shall be composed as follows:
1. By resources from recovery of investments made by the executors public bodies.
2. For the resources assigned in the National Budget.
3. By internal or external credits contracted bound to the bottom.
4. Resources contributed by local authorities.
5. By technical cooperation resources to be granted for the fulfillment of its object.
6. By the product of the financial returns on their investments.
7. For donations, contributions, and counterparties that grant private or public international or national agencies and from other countries. Effective Jurisprudence
FINAGRO. The Fund for Agricultural Sector Financing -FINAGRO- grant loans for investment in land improvement that is private initiative for the construction, rehabilitation and expansion complementation.
PARÁGRAFO. In cases where the Superior Council for Land FINAGRO deliver in trusteeship resources for the implementation of land improvement projects will be created within FINAGRO a Technical Advisory Committee; its function is to evaluate and approve the technical, economic, environmental and social desirability of the project.
This Technical Advisory Committee shall be composed in the manner determined by the Higher Council for Land Development.
ARTICLE 19. TECHNICAL CONTROL OF PROJECTS. No financing entity will provide loans for land improvement or administrative authority shall approve a water concession when the respective project does not meet the technical requirements set forth in the Basic Technical Standards Manual issued by the Higher Council for Land Development.
CHAPTER VI. PARTNERSHIPS
Users Association. Users of Land Improvement District will be organized, for purposes of representation, management and administration of the District, under the name of user association.
Every user of a District Land Development acquires ipso facto quality affiliate of the respective association and, therefore, force the regulations and other provisions that apply to these bodies and their members.
ARTICLE 21. SUPPORT PARTNERSHIPS. In order to link communities to the processes of preparing the land and get their settlement in the formulation, implementation, financing and amortization of investments in projects land improvement, executing agencies will be required to consult potential beneficiaries and obtain their commitment to carrying out such activities.
Concluded the feasibility or prefeasibility studies, as appropriate, and established the technical, economic, environmental and social desirability of the respective project, the executing agency will promote the creation of the association of users on a provisional basis, which will be the valid interlocutor with the official management, at all levels of project implementation. The Executing Agency shall provide the technical and legal advice partnership, to achieve recognition and registration in the Ministry of Agriculture.
ARTICLE 22. FUNCTIONS OF ASSOCIATIONS.
1: user associations of the Land Improvement Districts, in addition to those assigned to them by other regulations, the following functions will. Promote the implementation of projects for Land within their community.
2. Ensure the proper execution of the works and the use of financial and technical resources provided for the project.
3. Participate in projects of land improvement, presenting recommendations to the executing agency on designs and investment budget and participating in the selection of proposals for the execution of works through the Technical Committee of the Association of Users of the respective District.
4. Manage, operate and maintain the Land Improvement Districts after completion or before, when it becomes operational part of the project so as to allow the use of the works.
Can also outsource management associations Districts with specialized companies and prior authorization for the purpose by the executing agency.
5. Present for the study and approval of the implementing agencies, budgets, administration, operation and maintenance of the District, authorized by the board of the association concerned, when has the status of a district manager.
6. Propose, through the executing agencies to the Technical Secretariat, for approval by the Superior Council for Land, when you have the quality of a district manager; fees, rates and fees for services rendered to users, with their livelihoods, taking into account the guidelines established by the Board.
7. Exercise, as delagataria of executing agencies, the functions that the holder has on the management of the District, for the purpose of regulating the use and operation of the works and equipment; apply sanctions to those who violate the rules issued by the executing agency or the association itself in the use of works in the District, and assume for it the obligations required in the ordinary course of its management.
PARÁGRAFO. Notwithstanding the provisions of this Article, the Superior Council of Land Improvement Districts may order again be managed by implementing agencies in the terms set out in paragraph 17 of Article 10 of this Law.
HERITAGE. Once recovered the value of public investments, works and other assets serving the District will enter the heritage of the respective user association.
CHAPTER VII. INVESTMENT RECOVERY
ARTICLE 24. RIGHT TO REFUND OF INVESTMENTS. All executing agency of a district land improvement or rehabilitation, expansion, or supplementation, is entitled to be reinstated all or part of investments made in the execution of such works, pursuant to the provisions of the respective Acts of commitment to users' association. To this end, it may advance judicial and extrajudicial actions that would place.
Each property within the area of a district must account for a share of the investments made in proportion to the benefits received, whose basic components are broken given its origin in irrigation, drainage or flood protection.
ARTICLE 25. SUBSIDIES. Créase a subsidy of 50% in quotas recovery project investments, destined to small producers, users Land Improvement Districts that meet the socioeconomic conditions established by the Higher Council for Land Development. This allowance can be supplemented with contributions from other public or private bodies in amount not less than 5% or greater than 20% of the cost in which case, the subsidy will be increased by that percentage. Effective Jurisprudence
ARTICLE 26. LIQUIDATION OF INVESTMENTS. The calculation and settlement of investments in adaptation works land will be for their real value including financial costs, taking into account the areas directly benefited from the various components of the works, applying the price index determined by the Superior Council Land Development as stipulated in section 19 of Article 10 of this Law.
ARTICLE 27. SETTLEMENT FACTORS. Investments in land improvement, subject to recovery shall comprise, among others, the value of the following: feasibility studies, land used in the implementation of the District; easements collective benefit; civil works carried out by adding to community contribution of labor forces; electromechanical equipment installed; the financial costs of the resources invested; machinery and equipment for initial operation and maintenance of the District and the portion of the costs of protection and recovery of the respective basins.
ARTICLE 28. PROCEDURE FOR LIQUIDATION. For the liquidation of the proportional cost of the investments will be used the following procedure: District area that benefits each component land improvement, irrigation, drainage and flood control is demarcated; then the value of the investment in each component will be quantified and then this value is divided by the respective beneficiary area.
The resulting factor of the above operations are multiplied by the estimated benefit at each site with the components of works referred to in this article surface. The sum of the above results, constitute the proportion it must contribute to the recovery of public investment owners within the District; taking into account the impairment suffered by the subsidy referred to in Article 25 of this Law.
ARTICLE 29. PUBLICATION OF LIQUIDATION. For the final allocation of the cost proportional by the works of land improvement carried out by a public body is required, first, that the executing agencies or their delegates put into consideration of the required during the period of one month, through the respective user association, the draft settlement along with the data, discriminated against components of investment that Article refers to the 24th., so that within such an opportunity to submit any comments deemed appropriate.
Expiration of the previous term, the executing agency shall, by reasoned decision by the proportional share of each property, against which only the remedy of reinstatement within five (5) business days of notification or personal by edict, under the terms provided by articles 43 and 44 of the Administrative Code.
ARTICLE 30. REGISTRATION OF LIQUIDATION. Firm resolution in the preceding article, shall be communicated to the Registry Office of Public Instruments corresponding to the settlement is entered in the respective sheet of property registration.
The registration will be canceled once the total value of the obligation is met, according to a communication that is (sic) effect send you the executing agency or person acting.
ARTICLE 31. RECOVERY OF PORTFOLIO. Executing agencies may advance the collection of the portfolio by investment recovery, using any of the following mechanisms:
1. Directly by the executing agency.
2. By agreement with the municipalities to be collected along with the property tax.
In this case, the receipt of contributions recovery of investments will be made on the same receipt of payment of property tax as a separate account. For this, the Municipal Treasury and the executing agency will establish an agreement in which the terms, charging that portfolio, stipulated and information and other support to be provided by the executing agency is established in number and amount of installments pay for each beneficiary as well as mechanisms for the Treasury will make the appropriate turns.
Presta enforceable resolution by which the executing agency and public HIMAT in cases where the executing agency is a non-governmental or private, allocated by property owners within a Land Improvement District, the fee proportional by investments in the respective works.
3. By contract with associations of users, when these agencies manage the Land Improvement Districts.
4. Resorting to coercive jurisdiction.
ARTICLE 32. LOSS OF ADMINISTRATION. The Superior Council of Land Development, at the request of the executing agency, will determine the loss of District administration by the Association, if it does not meet the conditions for payment of the fee recovery, and authorize the executing agency to hire District administration with a private entity, or failing to deliver on delegation to a public entity.
ARTICLE 33. PAYMENT OF INVESTMENTS. Payment of fees proportional works must be completed within the time limits specified by the resolution of allocation. If the executing agencies consider it appropriate, may also receive the required land within the District in lieu of payment, to cover all or part of its quota, upon its prior commercial appraisal by two experts from Codazzi.
ARTICLE 34. EXEMPTION OF RECOVERY. The present value of the land improvement works to be built in order to better and more productive agricultural activities must be unbundled of property valuation of property for tax benefit and tax purposes. This value, you can not fall any kind of taxes or contributions recovery and other charges during the term of amortization of the cost of the works. Effective Jurisprudence
CHAPTER VIII. FINAL PROVISIONS
ARTICLE 35. RETIREMENT PLANS COLLECTIVE OFFSET. Public executing agencies can structure, adopt and implement collective retirement plans compensated for the workers who provide their services, existing at the time of issuance of this Law construction activities, operation and maintenance of the Districts Land Development as for those who in the future are built.
ARTICLE 36. CONTROL OF DISTRICTS. The HIMAT advance on behalf of the State, monitoring work on the Districts managed by user associations exclusively to monitor the sound management of water as public property and to guarantee the rights of users in community assets.
ARTICLE 37. TRANSFER OF DISTRICTS OF INCORA. Districts Adequacy built Land or acquired by the Colombian Institute of Agrarian Reform INCORA, or received by this institute Box Industrial Agricultural Credit and Mining Caja Agraria or the Institute of Electrical Works and Water Electraguas will become heritage HIMAT and his administration may be delivered to the respective user associations. It also will move to HIMAT balances outstanding portfolio concept of raising investment made in these districts.
ARTICLE 38. BUDGET APPROPRIATIONS. Authorize the national government to make budget appropriations and other movements that are required to comply with the provisions of this Act and provisions issued for their effectiveness.
ARTICLE 39. EFFECTIVE DATE. This Act governs since its enactment, In exercise of the regulatory powers granted in this Act, the Government may not amend the rules relating to the structure of the financial system, the constitution, the main object, corporate forms, and causal and conditions dissolution, takeover and liquidation authorized to develop financial activities entities, including the one developed by financial institutions cooperatives, insurance, securities and other entities whose activity is related to the management, use and investment of funds collected from the public.
The President of the Senate of the Republic,
TITO EDMUND WHEEL.
The Secretary General of the Senate of the Republic,
PUMAREJO PEDRO VEGA.
The President of the Chamber of Representatives,
CÉSAR PÉREZ GARCÍA.
The Secretary General of the Chamber of Representatives, DIEGO VIVAS
Republic of Colombia - National Government
published and executed.
Given in Bogota, DC, on January 25, 1993
César Gaviria Trujillo The Ministry of Finance and Public Credit, RUDOLF HOMMES
The Minister of Agriculture,
Alfonso López Caballero.