Whereby The Social Solidarity Network, Special Programs Fund For Peace And National Fund For Alternative Development Plan Is Created Plante-'s Fund And Other Provisions

Original Language Title: Por la cual se crea la Red de Solidaridad Social, el Fondo de Programas Especiales para la Paz y el Fondo del Plan Nacional de Desarrollo Alternativo -Fondo Plante- y se dictan otras disposiciones

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1997 ACT 368

(May 5)

Official Journal No. 43,037 of 8 May 1997

For which the Social Solidarity Network, the Special Programs Fund for Peace, and the National Alternative Development Plan Fund-the Plante Fund-are created, and other provisions are dictated

Vigency Notes Summary

THE CONGRESS OF COLOMBIA,

DECRETA:

I. FROM THE SOCIAL SOLIDARITY NETWORK

ARTICLE 1o. CREATION. Create the Social Solidarity Network, as a public establishment of the national order, endowed with legal status, administrative autonomy and own patrimony, attached to the Administrative Department of the Presidency of the Republic.

The Social Solidarity Network will have its registered office in the city of Santa Fe de Bogota, D. C.

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ARTICLE 2o. GOALS. The Social Solidarity Network will have the following objectives:

(a) Financing and co-financing programs and projects to support the poorest sectors of the Colombian population, in terms of employment, education, food, social security, sports, recreation, culture and integration. marginalized settlements;

b) Promote, develop and implement a new concept of social management in which the State and society are articulated as co-responsible for the implementation and results of social programs;

c) Coordinate the programming, implementation and monitoring of targeted programs of social policy.

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ARTICLE 3o. FUNTIONS. The Social Solidarity Network will develop its objectives by performing the following functions:

1. To implement the programs of the targeted social investment policy that the President of the Republic, referred to in the Law of the National Development Plan, will define to the poorest and most vulnerable sectors of the Colombian population.

2. Advance and coordinate programs aimed at promoting constitutional rights and contributing to the satisfaction of the needs of vulnerable people and groups for reasons such as violence, economic conditions, physical and mental disabilities, or by virtue of age and gender, such as childhood, youth, senior citizens, women and family.

3. Coordinate with national public entities and bodies responsible for the implementation of programmes of targeted social investment policy, planning, development, implementation, monitoring and evaluation, ensuring their harmonisation with the social policies to be determined by the National Government.

4. Promote the development of national and international cooperation resources to finance and support studies, programs and projects related to their object, in coordination with the competent entities or agencies.

5. Carry out co-management activities with non-profit entities whose purpose or purpose is to develop similar or complementary tasks related to the object of the entity.

6. Advance social and institutional development programs in the communities where there are major problems of poverty, marginalization, disability and unmet basic needs and strengthen the processes of community participation.

7. Implement outreach and training programs aimed at communities, in order to promote their participation in the decisions that affect them and to seek the effectiveness of the principles, rights and duties enshrined in the Constitution, institutional development, administrative decentralization and modernization, and participatory planning in the elaboration and presentation of projects, in accordance with policies to be determined by the National Government.

8. In accordance with policies to be determined by the National Government, coordination of interinstitutional consultation and the promotion of the participation of social, political and community organizations in the definition and management of their own development.

9. Receive and administer the contributions and funds to finance the special programs promoted by the Presidency of the Republic in support of the poorest, most vulnerable and in conditions of manifest weakness of the population Colombia.

10. To carry out special programs or projects that contribute to a situation of social emergency or that demand special attention of the State.

11. To conclude contracts directly with entities of recognized suitability, which develop activities related to the fulfilment of their objectives and functions, prior to the implementation of participation processes and community decision.

12. To advance programs and projects to deal with victims and displaced persons from violence or armed groups, urban militias of a political nature that have been incorporated into civilian life.

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ARTICLE 4. ADDRESS AND ADMINISTRATION. The Management and Administration of the Social Solidarity Network will be in charge of a Board of Directors and a General Manager.

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ARTICLE 5o. BOARD OF DIRECTIVE. The Network will have a Board of Directors made up of the Director of the Administrative Department of the Presidency of the Republic or its delegate, who will chair it, two members appointed by the President of the Republic and two more elected by the Plenary of each House.

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ARTICLE 6o. BOARD FUNCTIONS. They are the functions of the Board of Directors:

1. To agree on the policies and general guidelines of the activities that the entity develops and to ensure compliance, in accordance with the guidelines established by the President of the Republic.

2. Approve the entity's budget.

3. Adopt the administrative structure of the entity and the personnel plant, necessary for the performance of its functions and the statutes, acts that will require for the validity of the approval by the National Government.

4. Periodically evaluate the development of the activities carried out by the entity.

5. Delegate functions of your competence to the General Manager, and authorize it to delegate those assigned to you.

6. Any other that is assigned to it by law, the National Government or the statutes of the entity.

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ARTICLE 7o. GENERAL GERENT. The General Manager of the Social Solidarity Network, is agent of the President of the Republic, of his free appointment and removal and legal representative of the entity.

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ARTICLE 8o. GENERAL MANAGER FUNCTIONS. The General Manager will perform the following functions:

1. Direct the execution of the programs that compete to advance the entity.

2. To direct the coodinator agency of the special programs of the social policy focused that the National Government constitutes according to its legal faculties.

3. To conclude, by delegation of the National Government, the contracts referred to in Article 355 of the Political Constitution, in accordance with this law.

4. Report to the Board on the implementation of the programmes in charge of them.

5. Establish mechanisms for the participation of the communities of non-governmental organizations and potential beneficiaries, in the programs and projects that the entity will carry out.

6. Adopt the complementary requirements and procedures to be met by the institution's programmes and projects.

7. To organize the sectoral committees that are necessary for the greatest agility in the operation of the projects and programs of the entity, to point out its functions, and to authorize specialized accounts for the attention of activities that so require.

8. The other functions that correspond to you by law.

II. OF THE SPECIAL PROGRAMS FOR PEACE FUND

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ARTICLE 9o. CREATION AND LEGAL NATURE. Create the Fund for Special Programs for Peace, as a special account of the Administrative Department of the Presidency of the Republic, without legal status, administered as a separate system of accounts.

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ARTICLE 10. OBJECT. 14 of Law 434 of 1998. The new text is as follows: > The Fund for Special Programs for Peace will also aim to finance the actions of the National Peace Council, as well as the peace programs aimed at promoting the reinstatement of the peace process. civil life of the armed groups, in accordance with the existing peace policy.

Vigency Notes
Previous Legislation
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ARTICLE 11. GENERAL FUNCTIONS. In development of its object the Fund for Peace will perform the following functions:

a) Design and develop plans, programs and strategies aimed at the generation of commissions and the achievement and maintenance of peace, in accordance with the guidelines outlined by the President of the Republic;

b) Financing and co-financing peace plans, programs, strategies and initiatives;

c) Designing and developing plans that lead to the empowerment and rehabilitation of the disabled victims of violence.

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ARTICLE 12. RESOURCES. The resources of the Fund for Peace are made up of:

1. The resources assigned to it in the General Budget of the Nation.

2. Donations in money that directly enter the Fund prior to the incorporation into the General Budget of the Nation, and the legally accepted donations in kind.

3. The credit resources that the Nation contracts to address the object and functions of the Fund, upon incorporation into the General Budget of the Nation.

4. Contributions from international cooperation, after incorporation into the General Budget of the Nation.

5. Other goods, rights and resources awarded, acquired or acquired for any degree, in accordance with the law.

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ARTICLE 13. ADDRESS. For its management, the Fund will have a Director who will be the agent of the President of the Republic, of his free appointment and removal. The Director of the Fund shall be the authorising officer of the expenditure, by virtue of the delegation granted to him by the Director of the Administrative Department of the Presidency of the Republic.

III. FROM THE FUND OF THE NATIONAL ALTERNATIVE DEVELOPMENT PLAN

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ARTICLE 14. CREATION AND LEGAL NATURE. 67 of Law 848 of 2003 >

Vigency Notes
Previous Legislation
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ARTICLE 15. OBJECT. The Fund of the National Alternative Development Plan aims to finance projects to create legal opportunities for income generation, improvement of the quality of life, conservation of the environment and the promotion of These are ethical and cultural for peaceful coexistence, for small producers of illegal crops in areas of peasant and indigenous economy that are being used to the Plante.

Vigency Notes
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ARTICLE 16. FUNTIONS. In development of its object the Plante Fund will develop the following functions:

a) Design and develop plans, programs and strategies aimed at the fulfillment of its object, in accordance with the guidelines that the President of the Republic says;

b) Financing and co-financing plans, programmes, strategies and initiatives aimed at meeting its objective.

Vigency Notes
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ARTICLE 17. The resources of the Plante Fund consist of:

1. The resources assigned to it in the General Budget of the Nation.

2. Donations in money that directly enter the Fund, prior to incorporation into the General Budget of the Nation, and the legally accepted donations in kind.

3. The credit resources that the Nation contracts to address the object and functions of the Fund, upon incorporation into the General Budget of the Nation.

4. The contributions in money from international cooperation, upon incorporation into the General Budget of the Nation.

5. Other goods, rights and resources awarded, acquired or acquired for any degree, in accordance with the law.

Vigency Notes
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ARTICLE 18. ADDRESS. The Management and administration of the Plante Fund will be the responsibility of the Director of the National Alternative Development Plan, who is the agent of the President of the Republic, of his free appointment and removal. The Director of the Fund shall be a computer for expenditure, under the delegation of the Director of the Administrative Department of the Presidency of the Republic.

Vigency Notes

IV. GENERAL PROVISIONS

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ARTICLE 19. The President of the Republic from the publication of this law shall:

1. Organize and operate the public establishment created by this law, and in such a virtue:

a) Determine your specific objectives and functions;

b) Determine the structure of the entity's assets;

c) Establish the patrimonial regime, its activities and operations.

2. To liquidate or merge the public entities or presidential programs whose functions are served by the entity that is created under this law.

3. Organize and operationalize the funds created by this law, and in such a virtue:

a) Determine the specific objectives and functions of each Fund;

b) Establish the patrimonial regime, its activities and operations.

4. To liquidate or merge the various programs whose functions are served by the funds created under this law.

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ARTICLE 20. BUDGET TRANSFERS. The National Government will make the corresponding adjustments in the General Budget of the Nation to leave the public establishment and the funds necessary for the fulfillment of its objectives.

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ARTICLE 21. MONITORING AND CONTROL. For the purpose of ensuring adequate monitoring of the actions of the Social Solidarity Network and the funds created by this law, this entity will submit annual reports to the Congress of the Republic through a daily newspaper broad circulation, in which it takes account of its implementation and the mediation of the impact of programmes on poverty reduction.

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ARTICLE 22. VALIDITY. This Law governs from the date of its publication.

The President of the honorable Senate of the Republic,

LUIS FERNANDO LONDONO CAPURRO.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

GIOVANNI LAMBOGLIA MAZZILLI.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Santa Fe de Bogotá, D. C., 5 May 1997.

The Minister of the Interior of the Republic

of Colombia, delegate of functions

Presidential, by Decree number

1166 of April 28, 1997.

HORACIO SERPA URIBE.

The Minister of Finance and Public Credit,

JOSE ANTONIO OCAMPO GAVIRIA.

The Director of the Administrative Department

of the Presidency of the Republic,

JUAN CARLOS POSADA

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