Why Article 308 Of The Constitution Is Developed And Other Provisions Are Issued To The Departmental Comptrollers

Original Language Title: Por la cual se desarrolla el artículo 308 de la Constitución Política y se dictan otras disposiciones relativas a las Contralorías Departamentales

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ACT 330 OF 1996
(December 11)
Official Gazette No. 42,938, of December 12, 1996
Whereby Article 308 of the Constitution is partially developed and other provisions are dictated by Departmental comptrollers.
THE CONGRESS OF COLOMBIA,
DECREES: CHAPTER I.


GENERAL PROVISIONS ARTICLE 1o. COMPETITION. It corresponds to the Departmental Comptrollers holding public office for fiscal control in their respective jurisdiction, in accordance with the principles, systems and procedures established in the Constitution and the law.
Article 2.
. NATURE. Departmental Comptrollers are technical bodies endowed with administrative, budgetary and contractual autonomy.
In no case may exercise various administrative functions inherent in their own organization.

ARTICLE 3. PLANT STRUCTURE AND PERSONAL. It is attribution of the departmental assemblies, in relation to the respective Comptrollers, determine its structure, plant personnel, units and functions remuneration scales for the various categories of employment, at the initiative of the comptrollers.
CHAPTER II. COMPTROLLER


ARTICLE 4. CHOICE. The Departmental Comptrollers shall be elected by the departmental assemblies, integrated by two candidates submitted by the Superior Judicial District Court and one by the corresponding Administrative Court of shortlists. The shortlists will be sent to the departmental assemblies within the first month immediately preceding the election.
The election must occur within the first ten (10) days of the month for the first year session. Effective Jurisprudence


The candidates chosen by the High Court and chosen by the Court of Administrative Disputes shall be determined by merit competitions organized by these same courts.
PARÁGRAFO. In the departments where there is more than a Higher Judicial District Court, each send a candidate to form the respective short list.

The 5th ITEM. PERIOD, RE-ELECTION AND QUALITIES. The Departmental Comptrollers shall be elected for a period equal to the Governor. In any case the Controller will be reelected for the immediate period and may continue in the exercise of its functions to expiry. This event will replace the officer next in seniority. Effective Jurisprudence


Temporary absences shall be filled by the Comptroller or the Comptroller assistant in their absence by the senior official of the Departmental Comptroller. Absolute absences shall be filled in accordance with the requirements of the Constitution and the law.
To be elected Comptroller must be Colombian by birth, citizenship rights, have more than 25 years, a university degree and meet the requirements set forth in Article 68 of Law 42 of 1993. The Departmental Comptroller check before bodies to make their application, compliance with the qualifications required by the Constitution and the law.

ARTICLE 6o. INCAPACITIES. It may not be elected Comptroller who:
a) Has been Comptroller of all or part of the immediately preceding, as owner or manager period; Effective Jurisprudence


B) Has been a member of the Court who participated in its application within the previous three years;
C) During the last year it has held public office in the departmental, district or municipal, except for teaching;


Constitutional Court - Literal c) EXEQUIBLE declared by the Constitutional Court, by means of Sentence C-147-98 of April 22, 1998, Judge Speaker Dr. Alejandro Martínez Caballero, as to underline arranged apart accept what resolved in Judgment C-509-97.
- Aside it underlined declared EXEQUIBLE by the Constitutional Court, by means of Sentence C-509-97, 9 October 1997. Judge Speaker Dr. Hernando Herrera Vergara.
D) is or was a member of the Assembly in the last year;
E) they shall also be disqualified who at any time have been convicted criminally deprivation of liberty, except for political or intentional crimes. Effective Jurisprudence


May not be named in any position of the Comptroller Deputies, judges who have participated in the nomination, election of the Comptroller, or the spouse or permanent companion of them, or their relatives up to the fourth degree of consanguinity, affinity or first civil. Violation of the provisions of this article constitutes grounds for misconduct.

The Comptroller attend only the boards of the decentralized entities departmental or municipal order when expressly invited for specific purposes and are not entitled to vote.
In no case may intervene in the nomination or election of the Comptroller who are staying within the fourth degree of consanguinity, affinity or first civil respect of candidates.
PARÁGRAFO. Who has held office property Departmental Comptroller may not hold any official position in the respective department, except for teaching or be registered as a candidate for elected office, but a year after their employment has ended.

ARTICLE 7. SALARY OF THE COMPTROLLER. Effective Notes

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Article 8. POSSESSION. Departmental comptrollers will take possession of his office to the Departmental Assembly. If it is not sitting, they will do it before a court of the territorial entity and in the event of court recesses to the Governor and in the latter case, before two witnesses.

Article 9. POWERS. Departmental Comptrollers, in addition to the provisions of Article 272 of the Constitution, shall exercise the following powers:
1. Prescribe, taking into account the comments of the Comptroller General of the Republic, the methods and how accountable those responsible for handling funds or departmental and municipal assets that do not have Comptroller and the criteria of financial, operational evaluation and results to be followed.
2. Review and close the accounts to be kept by the Treasury responsible under their control and determine the degree of efficiency, effectiveness, and economy they have done.
3. Keep a record of the public debt of the department, its decentralized entities and municipalities that do not have comptroller.
4. Require public servants of the departmental or municipal, and any person or public or private entity that administers funds or property of the department and audited municipality fiscal management reports.
5. Establish the responsibilities arising from the tax administration to impose financial penalties as circumstances require, raise the amount and coercive exercise jurisdiction over the scope deducted from it.
6. Conceptualizing the quality and efficiency of internal fiscal control of the entities and agencies of departmental and municipal levels under control.
7. Submit to the Departmental Assembly an annual report on the state of natural resources and the environment.
8. Promote before the competent or disciplinary action against those who have caused damage to the property, departmental interests and municipal authorities, criminal investigations. The omission of this allocation will incur the grounds for misconduct.
9. Submit annually to the Departmental Assembly and municipal councils, a report on the state of the finances of the institutions department at central and decentralized level, which includes the results of the evaluation and its concept on fiscal management of the administration in handling given the public funds and assets.
10. Providing jobs dependence that created the Departmental Assembly through public tender.
The breach of the requirements of the 2nd article., Clause 2. Law 27 of 1992, is grounds for misconduct.
11. Perform any audit, including computer equipment or electronic data processing, for which can determine the reliability and adequacy of the controls, review the environmental conditions and proper processing software design.
12. Make visits, inspections and investigations required for the fulfillment of their duties.
13. Assess the implementation of public works to be undertaken in the department.
14. Audit the balance of the departmental treasury to be presented to the Departmental Assembly.
15. Prepare the draft budget of the Comptroller and submit to the Governor within the terms established by law to be incorporated into the proposed annual budget of revenues and expenditures.
16. Forward every month to the Office of the Comptroller General of Colombia the relationship of people to whom it has issued them fiscally responsible decision for purposes of inclusion in the bulletin responsibilities.
Preliminary investigations conducted by the Departmental Comptrollers has probative value to the Attorney General's Office and competent judges.
CHAPTER III.
FISCAL SURVEILLANCE OF DEPARTMENTAL MANAGEMENT comptroller


ARTICLE 10. FISCAL MANAGEMENT SURVEILLANCE OF DEPARTMENTAL comptrollers. Monitoring the fiscal management of the departmental comptrollers shall be exercised by the audit to the Comptroller General of the Republic. Effective Jurisprudence


CHAPTER IV.
DEPARTMENTAL APPROPRIATIONS FOR OPERATING EXPENSES
comptrollers ARTICLE 11.
appropriations limit. Effective Notes

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ARTICLE 12.
budgetary autonomy. Effective Notes

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ARTICLE 13. FEE REVENUES FISCAL SURVEILLANCE. Effective Notes

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ARTICLE 14. AUXILIARY
COMPTROLLER. The Assistant Comptroller or Assistant Comptroller shall be appointed and removed the Departmental Comptroller.

ARTICLE 15. PROHIBITIONS. Departmental Comptrollers may not contract the provision of personal services for fulfilling functions that are provided by employees who are part of the plant personnel. They may also not allocate any resources to address activities that are not directly related to fiscal control. The violation of the provisions of this Article shall be grounds for misconduct.

ARTICLE 16. EFFECTIVE DATE AND REPEAL. This Law governs from its enactment and repeal all provisions which are contrary to him, especially Article 6. 6a law. 1958, paragraph 3o. Article 244 and Articles 245, 246 and 248 of Decree Law 1222 of 1986 and other provisions that are contrary.

ARTICLE 17. Transitory. Governors and general legal representatives of the entities subject to fiscal control must submit to the Departmental Boards or Boards of Directors Assemblies applicable, within eight working days the relevant amendments to the budget for the term 1996 to effect adjusting for the time remaining in the same appropriations of the Departmental Comptrollers, in accordance with the provisions of this Act.
the President of the honorable Senate,
LUIS FERNANDO LONDOÑO CAPURRO.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
GIOVANNI LAMBOGLIA MAZZILLI.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
TAFUR.
Republic of Colombia - National Government.
Published and execute.
Given in Santa Fe de Bogota, DC, on December 11, 1996.
Ernesto Samper Pizano.
The Interior Minister Horacio Serpa Uribe
.
The Minister of Finance and Public Credit, José Antonio Ocampo Gaviria
.



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