LAW 689 2001
Official Gazette No. 44,537, of 31 August 2001
why Law 142 of 1994 Notes
Summary Effective partially amending || |
THE CONGRESS OF COLOMBIA DECREES: PRELIMINARY TITLE
ARTICLE 1o. Modifícanse paragraphs 15 and 24 of Article 14 of Law 142 of 1994, which will read:..
"Article 14. Definitions 14.15
independently or for private use marginal producer is the natural or legal person using own resources and technically accepted by the current regulations for each service, produce goods or services of the object of utilities for themselves or for a clientele composed exclusively by those with direct economic links with it or with partners or members or as a byproduct of another main activity.
14.24 public service amenities. it is the service municipal waste collection, mainly solid. this law shall also apply to the follow-transport, treatment, use and disposal of such waste.
It also includes, among others, the follow-mowing and pruning trees located on roads and public areas; wash these areas, transfer, treatment and exploitation "..
ARTICLE 2. Amend paragraph 20 of Article 14 of Law 142 of 1994 which will read:
" Utilities 14.20. Are all complementary services and activities to which this Act applies "
REGIME TITLE II ACTS AND CONTRACTS OF COMPANIES
CHAPTER I. GENERAL RULES.... | ||
ARTICLE 3 Amend Article 31 of Law 142 of 1994 which shall read as follows:.
"Article 31. Regime of recruitment. The contracts entered into by state entities providing public services to which this law refers not be subject to the provisions of General Contracting Public Administration, except as this law provides otherwise.
The regulatory commissions may make it compulsory inclusion, in certain types of contracts of any utility, exorbitant clauses and may authorize, on specific consultation by the public utilities companies, which are included in the the rest. When the inclusion is enforced, all matters relating to such clauses shall be governed, as appropriate, by the provisions of Law 80 of 1993, and acts and contracts in which such clauses are used and / or those powers are exercised will be under the control of the administrative jurisdiction. Regulatory Commissions shall have fifteen (15) days to respond to the requests raised by the public utilities companies on the inclusion of exceptional clauses in the respective contracts, after this term will operate the positive administrative silence.
PARÁGRAFO. Contracts entered local authorities with utilities in order that the latter assume the provision of one or more public services, or to replace the provision to another entering grounds for dissolution or liquidation, shall be governed for all purposes by the General Contracting Code of the public Administration, in any case always prior public tender selection shall be done in accordance with Law 80 of 1993 ".
|| Term Notes | CHAPTER II
SPECIAL CONTRACTS fOR tHE MANAGEMENT oF PUBLIC SERVICES
Article 4. paragraph of Article 39 of Law 142 of 1994, shall be as follows:
"Parágrafo.... Except contracts dealing paragraph of Article 39 and paragraph 39.1 of this law, all those referred to in this article shall be governed by private law.
Those who contemplate the numerals 39.1, 39.2 and 39.3 may not be assigned to any title, nor may be given as security or be subject of any other contract, without the express prior approval of the other party.
When any of the contracts that this chapter refers to enable the contractor to charge fees to the public, that are subject to regulation, the proponent must include in its offer the tariff formula would apply. "
TITLE III. || ... | OTHER PROVISIONS CHAPTER I.
CONTROL oF MANAGEMENT AND RESULTS
article 5 Amend Article 50 of Law 142 of 1994 which will read:
"Article 50. Fiscal control in public utilities companies with state participation. Within three (3) months after the issuance of this law, the Comptroller General of the Republic shall issue the general regulations on unique system of fiscal control in companies of public services with state participation, which must undergo departmental, district and municipal comptrollers. failure to subject to these rules will be grounds for misconduct for departmental, district and municipal comptrollers . the corporate control of public services with state participation shall extend to the contributions and acts or contracts dealing with the efforts of the State as shareholder. to fulfill this function, the competent Comptroller will have access only to documents at the end of each year the company makes available to the shareholder in the terms of the Code of Commerce for the approval of the financial statements. Effective Jurisprudence
Therefore, control is exercised on the documentation supporting acts and contracts concluded by the state and no shareholder or member of the public utilities company. For efficiency reasons, the Comptroller General of the Republic may accumulate in his office the functions of the other comptrollers, so prevalent, by reasoned administrative act, issued strictly subject to the scope granted by this article and the law of fiscal control in those events in which at least one of the partners or shareholders either of those subject to their control. "
Jurisprudence Effective ARTICLE 6o. Amend Article 51 of Law 142 of 1994, which will read:
"Article 51. external Audit. Regardless of internal control, all utility companies are required to hire an outside audit and permanent results with private persons specialized. When a Public Service Company wants to change its external auditors, you must request permission from the Superintendent, informing about the causes that led to that decision. The Superintendency may deny the application by reasoned decision. Effective Jurisprudence
However when the expiry of the contract companies are present may determine if carried over or start a new selection process for the contractor, which previously inform the Superintendency.
The Superintendent of Public Utilities may, each quarter, request the Company Public Utilities reports about the management of the external auditor, and if it finds that it does not fully comply with their duties, may recommend to the company removal.
The external audit function will work in the interests of both the company and its partners as the benefit actually receive users and therefore is obliged to inform the Superintendency situations that jeopardize the financial viability of a company that found flaws in internal control, and in general, the findings of assessment on the management of the company. In any case, they must also prepare, at least once a year, an assessment of the management of the provider. PARAGRAPH 1.
. The Public Utilities held contracts external audit and results with private legal entities specialized for minimum periods of one year. Effective Jurisprudence
They will not be required to hire external audit and results, the following providers of public services:
A) At the discretion of the Superintendency, official entities that provide public services dealt Law 142 of 1994, if they show that the fiscal and internal control that are the subject fully meet the requirements of an efficient control. The regulatory commissions generally defined methodologies to determine cases where government entities do not require an external audit; Effective Jurisprudence
B) utilities that serve less than in 2500 (2,500) users;
C) natural or legal persons who produce for themselves the goods and services of the object of utilities;
D) utilities operating exclusively in one of the municipalities classified as minor by law or in rural areas;
E) authorized organizations referred to in article 15 paragraph 15.4 of Law 142 of 1994 for the provision of public services;
F) The producers of marginal services. PARAGRAPH 2.
. In the smaller municipalities Category 5 and 6 according to Law 136 of 1994 (Municipal Board), which are direct providers of a public utility, the external audit functions will be headed by the Chief of the Office of Internal Oversight Township . PARAGRAPH 3.
. The Superintendency granted or denied, a reasoned decision, the permission referred to in this Article "
ARTICLE 7. Amend Article 52 of Law 142 of 1994, which will read:..
" Article 52. Concept of management control and results. Management control and results is a process, within the guidelines of strategic planning, search that goals are consistent with expectations.
The commissions of regulation will define the criteria, methodologies, indicators, parameters and models mandatory to assess the management and performance of service providers. Also, they establish methodologies for classifying persons providing public services, according to the level of risk, characteristics and conditions, in order to determine which of them require special or detailed inspection and supervision by the Superintendencia Public Utilities. For the design of this methodology, the regulatory commissions have a period of one year from the effective date of this law.
The Superintendency of Public Services must take the respective classification categories established by the regulatory commissions and classify persons providing public services under its control, inspection and surveillance within six (6) months the issue of classification by each of the regulatory commissions.
PARÁGRAFO. The Public Utilities should have a management plan and results of short, medium and long term as a basis for the control exercised over them.
LIQUIDATION OF UTILITIES.
ARTICLE This plan must be evaluated and updated annually taking as an essential basis defined by the regulatory commissions in accordance with the preceding paragraph. "
CHAPTER II. . the 8th Amend Article 60 of Law 142 of 1994, which will read:
"Article 60. Effects of the takeover.
1: Following the inauguration the following effects will occur. Superintendent to take possession may enter into a trust agreement, under which a trustee responsible management of the company temporarily.
2. When the takeover is consequent attributable to the directors or shareholders of the company circumstances, the Superintendent will define a reasonable time for the problems that gave rise to the measure exceeded. If after that period is not resolved the situation, the Superintendent shall order the liquidation of the company.
3. If you find that the company has lost any part of its capital, prior opinion of the Commission of respective regulation, the Superintendent may order the merely nominal capital reduction, which will be done without resorting to its assembly or acceptance by creditors.
PARÁGRAFO. The Superintendent, upon taking possession, appoint or hire a person that is responsible management of the company temporarily. "
Article 9. Hereby added the following paragraph to Article 61 of Law 142 1994.
PARÁGRAFO When ordering the liquidation of a utility municipal order providing the service in monopolistically, the Superintendent of public services shall prescribe a reasonable period, which in any case shall not exceed six (6) months , for the mayor of the respective municipality granted by contract and prior compliance with the procedures established for public tenders, the provision of the service to another company.
If the mayor does not celebrare the respective contract within the period fixed, the Superintendent of public Utilities will fix an additional period of four (4) months, the Governor awarded the service under contract and prior compliance with the procedures established for public tenders.
If the Governor does not make the award, the Superintendent shall award the service for as long as deemed necessary, by contract and prior compliance with the procedures established for public tenders.
In any case, the award made by the Mayor, the Governor or the Superintendent shall include the establishment of the necessary easements on all assets assigned to the service are owned by the municipality. "TITLE IV
ADJUSTING CONTROL AND SURVEILLANCE oF STATE iN tHE PUBLIC SERVICES.
CHAPTER I. SOCIAL CONTROL oF PUBLIC Utilities.
Article 10. Amend Article 62 of Law 142 of 1994 which will read:
"Article 62. Organization. In implementation of Article 369 of the Constitution of Colombia, in all municipalities should be "Committees of Development and Social Control of Public Services Domiciliary" composed of users, subscribers or potential subscribers of one (1) or more of public services to which this law refers, without the exercise of their duties fees cause.
The initiative for the formation of committees corresponds to users, subscribers or potential subscribers. The minimum number of committee members shall be the result of dividing the population of the respective municipality or district for ten thousand (10,000), but shall not be less than fifty (50). Capital District for the minimum number shall be two hundred (200).
To be a member of a "Committee of Development and Social Control", is required to be a user, subscriber or potential subscriber of the respective public utility that will monitor, which will be credited to the assembly of constitution of the committee, with the last receipt of payment, or in the case of potential subscribers, with duly filed in the company concerned or proof of residence issued by the competent authority for the case of application when users do not have a receipt. Similarly, it is required to have attended and included in the list of attendees of the meeting of constitution of the committee or any of the successive assemblies of users.
The participation of a user, subscriber or potential subscriber at all meetings and deliberations of a "Committee of Development and Social Control", will be personal and non-delegable.
Committees be given its own rules and will meet in the day, time and place agreed upon by its members as registration signed by the attendees who should be in the minutes of the meeting; the period of committee members shall be two (2) years but may continue to perform its duties until it is renewed.
Once formed a committee, it is the duty of municipal authorities and companies of public services to those who request registration recognize it as such, for which shall, among other things, that the same user, subscriber or potential subscriber not belong to more than one Committee of the same house public service. It will be grounds for misconduct for municipal mayors and officials of the companies providing not recognize them within the terms defined in Article 158 of the Law 142 of 1994; also, after the deadline it will be understood that the committee has been registered and recognized.
Each of the committees elect from among its members for a period, a "vocal control" who will act as representative of the committee to the provider of public services that will monitor the organization, to local authorities and to the authorities national, in what has to do with the public services, and may be removed at any time by the committee, by majority decision of its members.
The period of vocal control shall be two (2) years but may continue to exercise their functions until no new election is made.
The establishment of committees and elections of their boards may be appealed to the Representative of the municipality where you make. The decisions of this will be appealed to the Superintendent of Public Utilities.
In the elections which this article refers to, will be grounds for misconduct for any public and general server for any officer of a person providing one or more of the public services covered by this law, hinder or delay the election, restrict freedom of voters or intervene in any way for or against candidates.
It will be up to the mayor of each municipality or district to ensure the formation of committees, who ensure that three (3) months from the entry into force of this law exists in their municipality, at least, a committee .
PARÁGRAFO. In municipalities that providing public services respond less than in 2500 (2,500) users, may constitute a single committee of development and social control for all services. "
Article 11. Amend Article 66 Law 142 of 1994, which will read:
"Article 66. Incompatibilities and disqualifications. People who fulfill the function of vocal control development committees and social control, their spouses or permanent companions, and their relatives within the second degree of consanguinity, first of affinity or civil, and who are their partners in societies people, they can not be members or participate in the management of public utilities to monitor or contract with them, with the commission or commissions competent regulation in the service or public services that monitor, or with the Superintendency of Public services, for the period of performance of their duties and a year.
The mayors, councilors, deputies and congressmen may not be elected vocal control Committees of Development and Social Control.
The conclusion of contracts of public services or, in general, those that are held on an equal footing with whom ask, do not lead to apply these disqualifications and incompatibilities. "CHAPTER II
SUPERINTENDENT oF PUBLIC SERVICE DOMESTIC
Article 12. Amend Article 77 of Law 142 of 1994, which shall read as follows:.
"Article 77. Management of the Superintendency. The management and legal representation of the Superintendency of Public Services the Superintendent of Public Services. This perform their specific functions control, inspection and surveillance regardless of the regulatory commissions of public services and the immediate collaboration of Delegates Superintendents. The Superintendent shall be appointed and removed by the President of the Republic. The Superintendent of Public Services is the first technical and administrative authority in the field of control, inspection and surveillance of public services, complementary and inherent activities.
PARÁGRAFO. Delegates Superintendents shall be appointed and removed by the Superintendent of Public Services "
Article 13. Amend Article 79 of Law 142 of 1994, which shall read as follows:.
" Article 79 . Functions of the Superintendency. The persons providing public services and those generally engage in activities that make them subject to application of the Laws 142 and 143 of 1994, subject to the control and supervision of the Superintendent of Public Services. The functions of this the following:
1. Monitor and control compliance with the laws and administrative acts that are subject to those who provide public services, as compliance directly and immediately affects certain users form; and punish violations, as long as this function is not competition from other authority.
2. Monitor and control the performance of contracts between utilities and users, and support ongoing activities in this sense develop the "municipal development committees and social control of public services"; and punish violations.
3. Give concepts, not mandatory, at the request of an interested party on the implementation of contracts related to services to which this law refers; and do, at the request of all stakeholders, designations of persons who can assist in the better delivery of public services or the resolution of disputes that may affect their timely delivery, coverage or quality.
4. Establish uniform information systems and accounting to be applied by those who provide public services, depending on the nature of the service and the amount of their assets, and subject always to the generally accepted accounting principles.
5. Define by general rates of contributions to which Article 85 of Law 142 of 1994 refers, settle and charge each taxpayer what is due him.
6. Giving concept to the regulatory commissions and ministries on measures to be studied in relation to public services.
7. Monitor that budget subsidies that the federal government, departments and municipalities intended for people with lower incomes, are used in the manner provided in the relevant standards.
8. Order documents, including accounting; and practice visits, inspections and tests necessary for the performance of their duties.
9. Keep an updated entities providing public services record.
10. Take ownership of public utilities, in the cases and for the purposes contemplated in Article 59 of Law 142 of 1994 and the corresponding provisions.
11. Assess the financial, technical and administrative management of public service providers under their control, inspection and surveillance, according to the indicators defined by the regulatory commissions; their assessments and provide, in a timely manner, all information available to those wishing to make independent assessments. The Superintendent may agree with the companies that severely threaten the continuous and efficient delivery of services, management programs.
12. Awarded to people who started, promoted or collaborated in an administrative procedure aimed at correcting violations of rules related especially to public services, part of the fines to which paragraph 81.2 of Article 81 of Law 142 refers 1994, to compensate them for the time, effort and costs and expenses incurred by or for the damages that they have occasioned. The respective decisions may be consulted on the Commission Regulation of public service in question. This award will be mandatory when the violation constituted, improper or negligent use of utility bills, and the person who initiated or assisted in the procedure has been damaged.
13. Verify work, equipment and procedures companies comply with the technical requirements that have marked the ministries.
14. Define by general information that companies must provide at no cost to the public; and noting in particular the values that people should pay for the special information request companies utility, if there is no agreement between the applicant and the company.
15. Organize all administrative services necessary for the operation of the Superintendent of Public Services.
16. Report in accordance with the Constitution and law, the requirements and conditions for users to request and obtain complete, accurate and timely information on all activities and direct or indirect operations performed for the provision of public services, as long as there is information classified as secret or confidential by law.
17. Under the terms provided in the paragraph of Article 16 of Law 142 of 1994, to determine whether the alternative proposed by the producers of marginal services does not cause harm to the community, where public services available water supply and basic sanitation.
18. Monitor compliance with the balance control, under the terms of Article 45 of Law 142 of 1994.
19. Ensure the progressive incorporation and implementation of internal control in people providing public services under its control, inspection and surveillance. For it will monitor the criteria, evaluations, indicators and models that define the regulatory commissions are met, and can rely on other official or private entities.
20. Ensure that persons providing public services under its control, inspection and surveillance, hire a permanent external audit with private persons specialized.
21. Grant or deny a reasoned decision, the permit Article 51 of Law 142 of 1994.
22 concerns. Check the consistency and quality of information that serves as the basis for the ongoing assessment of the management and performance of persons providing public services under its control, inspection and surveillance, as well as any information the provider of public services is contained in the Single System Information utility.
23. Request the external auditors the necessary information to support its function control, inspection and surveillance and to evaluate the management and results of the persons providing public services, in accordance with the criteria, characteristics, indicators and models that define the regulatory commissions of pursuant to Article 52 of Law 142 of 1994.
24. Exempt organizations providing under their control, inspection and surveillance of external audit contract with private persons specialized in the manner and conditions provided in this law public services.
25. Penalize companies that do not respond in a timely and appropriate complaints from users.
26. Give notice to the National Planning Department of the notification that the mayors made in developing the provisions in Article 101.3 of Law 142 of 1994
27. Ask the competent authorities in the event of takeover, declaring the expiration of the concession contracts, under the terms of Article 121 of Law 142 of 1994.
28. Appoint or hire the liquidator of utilities.
29. Solve the appeals that users filed pursuant to Section 159 of Act 142 of 1994.
30. Issuing the concept referred to Article 63 of Law 143 of 1994
31. You may sort the administrative act to resolve the appeal of trying Articles 154 and 159 of Law 142 of 1994, the return of money a utility company withholds without due cause a user, within fifteen (15) days following notification of the decision.
32. Further investigations for unfair competition and restrictive practices competition from providers of public services and impose the appropriate sanctions in accordance with Article 34 of Law 142 of 1994.
33. All other duties assigned by law. PARAGRAPH 1.
. In any case, the Superintendent may require that any act or contract a utility to undergo prior approval yours. The Superintendent may, but is not obligated, visit the companies under its supervision, or ask information, but when there is a special reason warrants.
The Superintendent of Public Services also exercise the functions of control, inspection and surveillance contained in the Act 142 of 1994, in all matters relating to service domestic and international long distance.
Except in the case of the functions referred to in paragraphs 3, 4 and 14 of this Article, the Superintendent and its delegates will not produce general acts to create obligations to those subject to their supervision. PARAGRAPH 2.
. Functions of the Superintendent of Public Services. The functions of the Superintendent of Public Services the following:
1. Approve the studies referred to Article 6.3 of the Law 142 of 1994, under the terms and to the extent provided in that article.
2. Punishment, in defense of users and to protect the health and welfare of the community, mayors and administrators of municipalities that pay directly one or more public services when they fail to comply with quality standards that the regulatory commissions require so general or when suspend payment of its obligations, or if they lack adequate or accounting, in severe form when they violate the obligations it contains.
3. Make recommendations to the regulatory commissions concerning the regulation and promotion of balance control mechanisms, and as to the basis for conducting assessment of the management and results of the persons providing public services under its control, inspection and surveillance.
4. Attending, voice, Regulatory Commissions and delegate attendance only in the Delegates Superintendents.
5. Further investigations when the regulatory commissions are requested under the terms of Article 73.18 of Law 142 of 1994, and impose sanctions within its competence. In this case the Superintendent shall inform the regulatory commissions on the status and progress of the investigation, when they so request.
6. Authorize, in accordance with the law, the delegation of certain functions to other administrative authorities of the departmental or municipal, or the conclusion of contracts with other public or private entities to better fulfill them.
7. Imposing sanctions on those who violate the rules which should be subject to the terms of Article 81 of Law 142 of 1994 and 43 of Law 143 of 1994 ".
ARTICLE 14. hereby added the following new article to Law 142 of 1994.
"new article. The single information system. The Superintendence of Public Services, in carrying out its duties of inspection and supervision, establish, manage, maintain and operate an information system that will emerge from the information from the public service providers under their control, inspection and surveillance, for presentation to the public is reliable, as provided in Article 53 of Law 142 of 1994.
The information system developed by the Superintendency of Public Services will be unique for each of the utilities, inherent activities and complementary activities dealing Laws 142 and 143 of 1994, and will have the following goals:
1. Avoid duplication of functions in information on public services.
2. Provide a basis for the Superintendent of Public Services in compliance with its control functions, inspection and surveillance.
3. Support the functions to be developed by agents or persons responsible for carrying out internal control, fiscal control, social control, the statutory audit and external audit.
4. Support the functions assigned to the regulatory commissions.
5. Provide a basis for the functions assigned to the ministries and other authorities with competence in the sector of public services that treat the Laws 142 and 143 in June 1994.
. Facilitate the exercise of the right of users to obtain complete, accurate and timely information on all activities and direct or indirect operations performed for the provision of public services, as provided in Article 9.4 of the Law 142
1994. 7. Supporting the work of the committees of development and social control of public services, in accordance with the provisions of Article 80.1 of Law 142 of 1994, and serve as a technical support to the functions of the departments, districts and municipalities in their functions to promote community involvement in the surveillance of public services.
8. Keep an updated people providing public services under the control, inspection and surveillance of the Superintendency of Public Registry. PARAGRAPH 1.
. Information systems that must organize and update those providing public services under the control, inspection and surveillance of the Superintendence of Public Services in accordance with the provisions of Article 53 of Law 142 of 1994, should form the basis of information and be consistent with the Single information System referred to in this article. "
Court ARTICLE 15. Effective hereby added the following new article to Law 142 of 1994.
" new Article . The only format information. The Superintendent of Public Services shall develop the unique format of information as a basis to feed the single information system, for which take into account:
1. The criteria, characteristics, indicators and models mandatory to assess the management and performance of public service providers subject to the control, inspection and surveillance of the Superintendent of Public Services, which define the regulatory commissions in accordance with the provisions of Article 52 of Law 142 of 1994.
2. The needs and information requirements of the regulatory commissions.
3. The needs and information requirements of ministries and other authorities with competence in the sector of public services that treat the Laws 142 and 143 of 1994.
4. The type of public service and the features that indicate the regulatory commissions for each provider of public services under the control, inspection and surveillance of the Superintendent of Public Services, as provided in Article 52 of Law 142 of 1994 this decree. PARAGRAPH 1.
. The Superintendent of Public Services shall develop the unique format of information referred to in this article within the year following the effective date of this law, prior concept of the Ministries of Economic Development, Mines and Energy and Communications and the regulatory commissions Drinking Water and Basic Sanitation, Energy and Gas and Telecommunications, for their respective powers. PARAGRAPH 2.
. The unique format of information will be updated in accordance with the objectives assigned by the Constitution and the law to the Superintendent of Public Services, and in accordance with the needs of ministries and regulatory commissions, for which it must obtain the concept that the preceding paragraph. "
V. TITLE oF tHE RATE REGIME utility companies.
ARTICLE 16 . hereby added a clause to Article 102 of Law 142 of 1994 which will read:
Article 102. Strata and methodology. Residential property maximum shall be classified in six (6) socioeconomic strata (1, low-low, 2 low, 3 medium-low; 4 medium; 5, medium-high, 6 high) depending on the particular characteristics of municipalities and districts and attention exclusively to the implementation of methodologies stratification in this law.
For this purpose the methodologies to develop the National Planning Department will be used, which must be supplied directly to the mayors of six (6) months prior to the dates set by the law for the adoption of urban stratification and rural population centers, and three (3) months prior to the adoption of the stratification of farms and rural homes scattered. These methodologies contain variables, factors, weights, and statistical method, taking into account the provision of public services. No urban residential area that lacks the provision of at least two (2) basic public services may be classified in more than the four (4) layer.
Indigenous scattered settlements in rural areas receive special treatment in terms of grants and contributions, which depends on their classification according to socioeconomic and cultural conditions, issues that will define the National Planning Department no later than twelve (12) months counted from the effective date of this law "
Article 17. Amend Article 104 of law 142 of 1994 which shall read as follows:.
" Article 104. Resources users. Any person or group of persons may request in writing the review of the urban or rural stratum assigned. Complaints will be addressed and resolved in the first instance by the municipal government, a term not exceeding two (2) months and appeals will take to the Standing Committee of Stratification of the municipality or district who must solve a term not exceeding two (2) months. In both cases, if the competent authority has not acted within two (2) months, will operate the positive administrative silence. "TITLE VI
THE CONTRACT OF SERVICES.
CHAPTER . I. NATURE AND CHARACTERISTICS
cONTRACT Article 18. Amend Article 130 of Law 142 of 1994, which will read:
"Article 130. Parties of the contract. They are part of the contract the utility, subscriber and / or user.
The owner or possessor of the property, the subscriber and service users are united in their obligations and rights in the public service contract. Effective Jurisprudence
The debts arising from the provision of public services may be charged executory before the ordinary courts or exercising coercive jurisdiction by industrial and commercial enterprises State utility providers. The invoice issued by the company and duly signed by the legal representative of the entity provide enforceable in accordance with the rules of the Civil and Commercial Law. The requirements of this subsection applies to bills electricity service intended for the public lighting. Nonpayment of such service entails responsible for the implementation of article dealing with "special duties of users of the official sector". Effective Jurisprudence
PARÁGRAFO. If the user or subscriber fails to make timely payment services billed within the period specified in the contract, which shall not exceed two consecutive billing periods, the utility will be obliged to suspend the service. If the company violates the obligation of solidarity suspension of service provided for in this rule "will break
CHAPTER II COMPLIANCE AND SERVICE PROVISION
... | ARTICLE 19. || amend section 140 of Act 142 of 1994, which will read:
"Article 140. Suspension after infringements. Breach of contract by the subscriber or user results in suspension of service in the events mentioned in the uniform conditions of the service contract and in any case the following:
The lack of payment for the period fixed by prestadora, in any case not exceeding two (2) billing periods in the event that it is bi-monthly and three (3) periods when monthly and fraud connections, connections, meters or lines. Effective Jurisprudence
It is also grounds for suspension, the autocratic and unilateral alteration by the user or subscriber of contractual conditions of service delivery. Effective Jurisprudence
During the suspension, neither party can take measures to make impossible the fulfillment of mutual obligations as soon as the grounds for suspension ends. Effective Jurisprudence
Hague or suspension, the lending entity may exercise all the rights that laws and uniform contract awarded him for the event of default. Effective Jurisprudence
DEFENSE OF USERS IN HOSTING THE COMPANY.
Article 20. Amend Article 159 of the Law 142 of 1994, which will read:
"Article 159. Notification of the decision on petitions and appeals Notice of the decision on an appeal or. request shall be made in the manner prescribed by the Administrative Code. the appeal can only bring as a subsidiary of replenishment to the Manager or the legal representative of the Company, who shall in such case refer the case to the Superintendency of Services Domiciliary public. once presented this resort to it will be given the procedure established in the Administrative Code.
If in the process the appeal, the Superintendent of public Services deems it necessary to take evidence or recurring the request, it must inform by certified mail to the parties, indicating the exact date of expiry of the probationary term, which may not exceed thirty (30) working days, extendable up another goal.
PARÁGRAFO. Once presented in a subsidiary manner the appeal, the parties may sustain and provide evidence to the Superintendency for them to be taken into account when deciding on appeal. "
Jurisprudence Effective CHAPTER I.
SPECIAL RULES PERTAINING tO conveyor liquefied petroleum gas, LPG.
ARTICLE 21. RESPONSIBILITIES. the producers, distributors, traders and LPG will be responsible for the quality and safety of service to final consumers. || |
Effective Decisions ARTICLE 22. uSE aS fUEL LPG distribution companies Authorize the use of LPG for domestic consumption operating as fuel for vehicles used exclusively for gas distribution
Effective Legislation Jurisprudence Previous
ARTICLE 23. sAFETY MARGIN. for safety reasons in the selling price of LPG Regulatory Commission of Energy and Gas (CREG ) include a heading called "safety margin", exclusively destined to maintenance and replacement of cylinders and stationary tanks used in marketing of LPG. The collection and administration of such item shall be regulated by the Energy Regulatory Commission and Gas within six (6) following the issuance of this law months and will be adjusted annually according to the CPI. In any case, the CREG shall grant participation LPG distributors in the regulations to be issued. In such regulation it is sought in an agreed mechanism that allows dealers have participation in the collection and management of resources, establishing all the necessary controls.
The replacement and maintenance of the cylinders will be made in accordance with the regulation to that effect issued by the Energy Regulatory Commission and Gas (CREG), within six (6) months following the entry into force of this law, to ensure the good condition of the cylinders in time and security for the user. Effective Notes
ARTICLE 24. SAFETY COMMITTEE GLP. The Committee for Safety GLP chaired by the Superintendent of Public Services, which shall include a representative of the Ministry of Mines and Energy, a delegate from the Committee on Energy and Gas, a delegate of the Superintendent of Industry and Commerce, a delegate of Colombian Institute of Technical Standards (ICONTEC), a representative of the Board of Standards and Qualities, one representative for each of the guilds of distributors with a market share of LPG greater than twenty percent (20%), another wholesale traders and other manufacturers cylinders. Effective Jurisprudence
ARTICLE 25. EFFECTIVE DATE. This law will come into effect two (2) months after its promulgation, and repeals all rules that are contrary.
The President of the honorable Senate,
CARLOS GARCIA ORJUELA.
The Secretary General of the honorable Senate of the Republic, Manuel Enríquez Rosero
The President of the honorable Chamber of Representatives, Guillermo Gaviria
The Secretary General of the honorable House of Representatives, ANGELINO
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and enforced.
Given in Bogotá, DC, on August 28, 2001.
ARANGO ANDRES PASTRANA Minister of Finance and Public Credit, Juan Manuel Santos Calderon
The Minister of Economic Development,
EDUARDO PIZANO Narvaez.
The Minister of Mines and Energy,
RAMIRO Valencia Cossio.
The Minister of Communications,
MONTOYA ANGELA HOLGUIN.
The Director of the National Planning Department,
JUAN CARLOS ECHEVERRI GARZÓN. Interior Ministry