The Councils Act

Original Language Title: Ley de los Consejos Populares

Read the untranslated law here: http://www.parlamentocubano.cu/?documento=ley-de-los-consejos-populares

RICARDO ALARCÓN DE QUESADA, President of the Assembly national of the power people of the Republic of Cuba.

DO know: that it Assembly national of the power Popular, in the session of the day 13 of the month of July of the year 2000, corresponding to the fifth period ordinary of sessions, of the fifth legislature, has approved it following: as: it Constitution of it Republic sets that it law regulates the Organization and powers of them tips popular, expression of our democracy Socialist and link of it address State they do their work with the active participation of the people, in the interest of the community and society as a whole.

AS: Experiences and results of the work carried out during these years in the application, on a provisional basis, of the Bases for the Organization and operation of the popular councils, advised set, adjusted to the conditions and requirements, the regulations that govern its activity.

AS: The mass organizations bring together large segments of the population, represent their interests and, pursuant to the Constitution of the Republic, can participate in the councils and contribute to the fulfilment of its functions, through their representatives, the other institutions and organisations, together with the delegates to the municipal assemblies of people's power , for the best performance of the activities that take place within the scope of their respective boundaries.

AS: Popular participation is an essential principle of our Socialist democracy that is manifested in the action of members and delegates to the assemblies of the people, the masses, social organizations, institutions, entities and other members of society, to intervene in active and coordinated way in decisions that have to do with the life of the community the territory and the country.

POR_TANTO: The National Assembly of the Popular power in use of the powers that are conferred in article 75, paragraph b), of the Constitution of the Republic, has adopted the following: law NO. 91. OF THE POPULAR COUNCILS CHAPTER I PROVISIONS GENERAL ARTICLE 1. In accordance with the provisions of article 104 of the Constitution, this law regulates the Organization, powers and functions of the Councils.

ARTICLE 2. He Council Popular is an organ of the power Popular, local, of character representative, vested of the more high authority for the performance of their functions. It comprises a given territorial demarcation, supports the Municipal Assembly of Popular power in the exercise of their functions and facilitates better understanding and care of the needs and interests of the inhabitants of their area of action.

ARTICLE 3. The people's Council is not an intermediate instance for the purposes of the political division - administrative and not have subordinate administrative structures, exercises the powers and functions that give the Constitution and laws, with the active participation of the people in the interest of the community and of the whole society; represents the demarcation where it operates and is, at the same time, representative of the organs of people's power municipal, provincial and national population, institutions and entities in it.

ARTICLE 4. The Popular Council contributes with its actions, to the Municipal Assembly of Popular power aware of economic, productive activities and services carried out by the entities that act in their respective territories.

ARTICLE 5. In accordance with the provisions of article 105, paragraph i), of the Constitution of the Republic is attribution of the assemblies provincials of the people approve the creation and organization of the popular councils, on the proposal of the corresponding municipal assemblies. Also approve the constituencies that determine the boundaries where they act.

In the case of the special municipality of the Isle of youth this allocation corresponds to the Municipal Assembly.

ARTICLE 6. Those tips popular is created in cities, towns, neighborhoods, villages and areas rural. Each people's Council includes five constituencies as a minimum. Exceptionally, you may have one smaller number of constituencies, to find these away from populated areas, by communication difficulties, or for other reasons which justify it. Same reasons may advise not to include certain constituencies to a people's Council.

ARTICLE 7. The proposition on them constituencies to create a Council Popular is makes taking in consideration your extension territorial, proximity between them, number of inhabitants, way of communication existing, identity of interests of them neighbouring, needs of the defense and others elements of importance.

ARTICLE 8. The Councils are integrated by delegates elected in constituencies that comprise and they may belong, in addition, representatives designated by organizations of masses, institutions and most important entities of the demarcation.

ARTICLE 9. In the composition of the Council people those delegates are most; the remaining members are defined in accordance with the number to meet, their needs and interests, as determined by the President of the Municipal Assembly, heard the opinion of the own delegates, municipal addresses of organizations of bodies and institutions and entities deemed should be represented in the people's Council.

ARTICLE 10. The designation of the representatives of organizations of bodies and institutions for each people's Council is requested to their respective municipal addresses by the President of the Municipal Assembly, prior to the creation or reorganization of the Council.

These representatives should preferably reside in the area where the Council acts and own characteristics and possibilities which enable them to fulfil their functions effectively.

ARTICLE 11. Entities deemed should have representatives in the people's Council are chosen among those existing in demarcation and, by their functions, have a greater influence and importance. People on which falls the responsibility of representing them are designated by the management of these entities and must have sufficient nest and competition to comply with its functions.

CHAPTER II OF THE CONSTITUTION, ORGANIZATION AND SUPPRESSION OF THE POPULAR ADVICE ARTICLE 12. Complied with the relevant provisions of chapter I of this law, the respective Municipal Assembly or its President, determines the date and place where the meeting for the establishment of the councils and the election of the President and, where appropriate, of the Vice-Presidents is made.

ARTICLE 13. At the beginning of each term of office of the municipal assemblies are reorganized the Councils.

Arrange and coordinate the process necessary for its reorganization and set the timetable for it corresponds to the President of the Municipal Assembly. As part of this process previously requested the appointment or ratification of members representing each of the organizations of mass, institutions and entities.

ARTICLE 14. Meetings for the creation or reorganization of the Councils are solemn and public character. In the places where are carried out should be placed, properly, the lone star flag and the coat of arms of the Royal Palm.

These acts are initiated with the national anthem and continue with the reading, in your case, the agreement of the Assembly approving its creation; the presentation of its members; proposition and analysis of candidates for President and, when appropriate, of the Vice-Presidents; as well as its choice, in accordance with the provisions of article 17 of this law.

ARTICLE 15. The people's Council has a President, who may or may not be professional.

The professional character of the President of the people's Council is approved by the Provincial Assembly, at the request of the President of the Municipal Assembly. In the case of the special municipality of the Isle of youth approval corresponds to its Municipal Assembly.

ARTICLE 16. The people's Council may have one or more Vice Presidents, which decides the corresponding Municipal Assembly, taking into account the complexity of the work that makes the Council concerned.

Corresponds to the President of the Assembly Municipal it proposition of grant character professional to them Vice-Presidents, who it presents to the Assembly Provincial, or in his case, to it of the municipality special island of the youth for its approval.

ARTICLE 17. The President of the Council Popular, and in your case them Vice-Presidents, are elected between them delegates of them constituencies that it make up to proposed of one of them. When is necessary, the President of the Assembly Municipal corresponding can make proposals for such charges.

The choice is made by vote ordinary and are elected by majority of votes of them delegates that integrate the Council Popular.

ARTICLE 18. (The Presidents and Vice-Presidents of them tips popular cease in their functions by: to) resignation, a time accepted;
(b) release;
(c) dismissal, by breaching systematically them functions that them compete or perform acts that the demeriten in the good concept public;
(d) term of the mandate in the charge;
(e) cesar as delegated by either of them causes established.
The termination of their functions, in the cases referred to in subparagraphs to), b), and c) of this article is approved by vote of the majority of delegates that make up the people's Council. Other members have the right to give their opinions.


The President or Vice President of the Municipal Assembly for must be present at the meeting of the people's Council dealing with the matter mentioned in the previous paragraph.

ARTICLE 19. Delegates cease to hold office as members of the Councils to cease as delegates to the Municipal Assembly.

Members who hold the representation of organizations, institutions and mass to the Popular Council, cease its functions to be replaced by who appointed them, which communicate to the President of the Municipal Assembly from effects.

ARTICLE 20. The Provincial Assembly has the ability to modify the number of constituencies that make up any Popular Council, or approve its deletion, on the proposal of the corresponding Municipal Assembly, or on its own initiative, when there are grounds that thus advise him, heard the opinion of the latter and of the Popular Council concerned.

For the municipality special island of the youth his Assembly Municipal is it empowered to approve them decisions to is refers the paragraph previous, prior consultation to the President of the Assembly national of the power Popular.

 

CHAPTER III OF THE POWERS AND FUNCTIONS OF THE PEOPLE'S COUNCIL ARTICLE 21. The Popular Council, within the framework of its competence, has among other powers and functions: to) meet and demand the fulfillment of the Constitution and other laws of the country, the policy that trace the higher organs of the State and mandating that expressly granted in the framework of its competence;
(b) contribute to strengthen cohesion among the delegates that make up the Popular Council, supporting their work and support them;
(c) work actively to fulfil health, economic, educational, cultural and social needs of the population and in the search for solutions to problems;
(d) require efficiency in the development of the activities of production and services to entities located in its area of action and support, where possible, their realization;
(e) coordinate, when is necessary, the actions of them entities existing in its area of action and promote the cooperation between them;
(f) controlling and overseeing the activities of entities existing in demarcation, regardless of their level of subordination;
(g) promote the participation of the population, of them institutions and entities of the demarcation to develop initiatives that contribute to achieve the greater advance in them tasks that is proposed, as well as unite the effort of all;
(h) assist in its demarcation, to the better development of the tasks of the defence;
(i) contribute to the strengthening of socialist legality and of the internal order, which carries out the analyses that are necessary and managed solutions that apply;
(j) support the work of prevention and social attention;
(k) stimulate to neighbouring, workers, students, fighters, institutions and entities that is have interest in the compliance of their duties social, in the contribution to the solution of them problems of the community, or by having reached others merits;
(l) decisions in which compete you;
(m) any other that has you under the law.
 

CHAPTER IV OF THE POWERS AND FUNCTIONS OF THE PRESIDENT AND OF THE VICE-PRESIDENTS OF THE COUNCIL POPULAR ARTICLE 22. The President of the Council people, within the framework of its competence, has, inter alia, the powers and functions: to) represent the people's Council, convene and preside over its meetings;
(b) systematically support the work of the delegates from the constituencies that make up the people's Council, as well as guiding them and provide them with information so that they can fulfil their responsibilities efficiently;
(c) to exercise control and supervision of entities based in the district, regardless of their level of subordination;
(d) request to the authorities or relevant agencies, through the President of the Municipal Assembly, carrying out inspections or audits to units or centres based in its demarcation, when you notice situations that do so as well;
e) enforce socialist legality and urge action, for whom appropriate, against corruption and other criminal manifestations, illegalities and other behaviors and indisciplines anti-social character;
(f) meet and give their opinion if you have it and, where appropriate, promote before the competent authority, the appointment or replacement of managers of social and economic, of services units in its demarcation and ensure that, as far as possible, those who are designated residents therein;
(g) to promote, by means of the mass organizations, the participation of the population for the solution of problems and the impulse to the development of economic, political and social tasks;
(h) organizing the celebration, when necessary, meetings or offices with officials of institutions of the demarcation, to know, check and coordinate activities;
(i) request, when required, to the President of the Municipal Assembly, convening leaders and officials to analyze the development of its activities in demarcation, treat the issues that do not have the solution and find out about a specific topic;
(j) inform the President of the Municipal Assembly on the development of activities, problems and difficulties that arise and that, because of its importance, should know. When possible, propose the solution or seek your support to solve them, as appropriate;
(k) organizing, insofar as it is concerned, with the delegates of their constituencies, the process of accountability to voters, in coordination with political organizations and masses;
(l) form part, in accordance with provisions of the Defense Council of the area;
(m) any other that has you under the law.
ARTICLE 23. The Vice-Presidents of the Popular Council meet the functions assigned to them by their President.

When there is more than one Vice President, the President of the people's Council decides which of them replaced during their absence.

There is no Vice Presidents in case of temporary absence of the Chairman, delegates that it designate one of them to temporarily assume their functions.

 

CHAPTER V OF THE FUNCTIONING OF THE PEOPLE'S COUNCIL ARTICLE 24. The Councils receive for their work directions and instructions of the organs representing the people's power and their competent authorities.

Bodies and administrative agencies, its entities and other institutions are not empowered to give directions, instructions or assign tasks to the Councils.

ARTICLE 25. The President of the people's Council pays account of general work, the Council twice a year and many times this requested to do so.

ARTICLE 26. The Popular Council, through its President, informs Municipal Assembly on the development of the fulfilment of their functions or other specific aspects of his work, when it or its Chairman request it is expressly.

ARTICLE 27. The President of the Popular Council, in the development of its work, cares for the authority of delegates who compose it, stimulates them and supported in their activities, and not supersede their functions, in accordance with the principle that, to the be nominated, nominated and elected directly by the people, have a responsibility in our political system.

When it is essential to provide these delegates some industrial facilities by your work center, is the responsibility of the President of the Municipal Assembly make corresponding efforts.

ARTICLE 28. The people's Council and its President develop working methods that would enable it to carry out effectively its functions, without institutions, entities or to the mass organizations to impersonate.

ARTICLE 29. He Council Popular coordinates with them organizations of masses and institutions, in order promote the cohesion and achieve the support necessary of the population, for the realization successful of its work.

He Council Popular contributes to the realization of the tasks that develop the organizations of masses.

ARTICLE 30. He Council Popular or its President precise and coordinates with them members that it integrate, in its condition of representatives of organizations of masses and institutions, the work that have of develop according to the character and objectives of each an of them.

ARTICLE 31. The Popular Council meets as a rule once a month, in order to analyze and coordinate the development of activities in the demarcation and any other situation related to the exercise of its functions and approves, where appropriate, the planning of its activities for the period indicated by the President of the Municipal Assembly.

These meetings are public, except for duly justified reasons, the Popular Council decides otherwise.

ARTICLE 32. The President of the people's Council made the proposal to the agenda of the meetings and subject to the approval of its members, who may propose the inclusion of any other matter deemed to analyze.

To carry out meetings required the support of the majority of members and the strong presence of the delegates is indispensable. The dates of these meetings are fixed in advance to ensure attendance.

The people's Council, as soon as it is up to you, takes decisions by a majority of its members present.

ARTICLE 33. The Popular Council leaves evidence in writing of the dates that celebrate your meetings, the attendance of its members, topics and the decisions it makes.


ARTICLE 34. President may invite to the meetings of the people's Council persons deemed necessary or desirable for the analysis of the issues that will try to.

It may also call for the analysis of some specific issue managers and officials of the units in their area of action.

 

CHAPTER VI PARTICIPATION POPULAR ARTICLE 35. People's participation, in the activity of the people's Council, is the fundamental route to perform its work. She is present from the identification of them problems and needs and their possible solutions, to the adoption of them decisions, as well as in the planning, development and evaluation of them main actions that is running in the demarcation.

ARTICLE 36. The Popular Council promotes the massive participation of the residents of the demarcation in the search for unity, consensus, identity and sense of belonging of the citizens by the community, the territory and the country.

ARTICLE 37. The Popular Council promotes programs that involve neighbors and specific sectors, such as children, youth, elderly, housewives House and others, according to their needs and interests.

ARTICLE 38. The Popular Council, using participatory methods of work, coordinates and integrates the delegates, the mass organizations, institutions, entities and residents in general, to: to) identify in a systematic way the problems and needs that affect the community and possible solutions;
(b) to organize and promote the collective effort of the neighbors for their own needs, improving coexistence and quality of life;
(c) decide the strategy to develop, in a given period, the activities proposed;
(d) conduct the evaluation and control of the results of activities.
 

CHAPTER VII OF THE ATTENTION TO THE POPULATION ARTICLE 39. The Popular Council analyzes at its meetings the problems that affect the community and promote possible solutions, with the active participation of delegates, the mass organizations, institutions and entities of the place. Consider that the attention to the problem is not within your means, transmitted to whom applicable.

ARTICLE 40. The Popular Council evaluates the results that are achieved and care receiving approaches asked voters at meetings of accountability and in the offices of delegates. Where it considers it necessary, intervenes with the timely management, so that they are staffed by people who correspond.

ARTICLE 41. The people's Council meets and serves primarily related to the distribution of supplies and the development of the provision of services that are sensitive to the population.

ARTICLE 42. The Popular Council promotes, with the entities responsible for administrative procedures or services, these made more simplified and close as possible to the place of residence of those concerned.

CHAPTER VIII CONTROL AND SUPERVISION ARTICLE 43. Control and supervision are important powers of the people's Council and so it performs a task systematically and with objectives, from direct control developed by the President or coordination with members of the Council and with the participation of residents. Also, in this order, it provides support to the work of the committees of the Municipal Assembly and popular and State inspectors.

ARTICLE 44. The control and the control that exerts the Council Popular on the entities, regardless of the level of subordination, has a character popular. The people's Council examines and reports to whom it may concern, situations that warns in the development of this work and requires, where applicable, the required action.

Between them methods that can be used are the realization of visits to them places that is determine, of research to deepen in Affairs concrete and of surveys for know them criteria on the issues that interest.

To perform these functions committees composed of members of the Council can be used or by neighbors who meet the conditions of capacity, prestige and moral, or both and not replace the functions of control and oversight of State entities, which may impose elements that and ask for his performance in the cases that deems it necessary.

The people's Council or its President may request the President of the Municipal Assembly activity control by a Commission of work of that body.

ARTICLE 45. (It Council Popular exerts the control and the control in the demarcation where acts on: to) units of services, to them offer with the quality required, the due attention and respect to the right of them citizens;
(b) entities in production, mainly with regard to full compliance with its obligations and control of resources;
(c) the distribution of materials for the repair and maintenance of dwellings of the population that is carried out in accordance with established standards;
(d) the realization of the actions necessary by the entities directed to prevent and face the activity criminal and antisocial;
(e) the compliance of the measures required by those who appropriate, to prevent illegal construction, violations of standards of architecture and urbanism, and all kinds of indisciplines of that nature;
(f) activities undertaken by workers on their own, with regard to compliance with the legal provisions in force;
(g) any entity in that may be necessary;
(h) compliance with applicable law.
Article 46. The Popular Council reports the results of its work of control and supervision, deemed of interest to the governing entities that are analyzed and the relevant measures. When it deems it necessary, informs the President of the Municipal Assembly.

 

CHAPTER IX OF THE COORDINATION AND COOPERATION ARTICLE 47. The people's Council, when it is convenient, coordinates the actions of the entities of its area of action and promotes cooperation among them, in order to contribute to the fulfilment of their missions, according to needs and to the benefit of the community, in accordance with the provisions.

ARTICLE 48. The people's Council, in close coordination with the mass organizations, promotes the development of solidarity and cooperation among neighbors, in order to promote the solution of the problems that affect them and to give adequate attention to people belonging to socially vulnerable groups of the population.

 

CHAPTER X RELATIONS WITH THE ADMINISTRATIVE STRUCTURES SECTION FIRST RELATIONS WITH THE ADMINISTRATIONS OF THE DEMARCATION IN ARTICLE 49. On the basis of the existence of the people's Council institutions do not create structures or appoint administrative officials.

The people's Council, where there are administrative structures where acts by result necessary to exercise the leadership of any economic or social activity, relates to them in a similar way to as done with other entities in the demarcation and the priority that is required, as the case may be. These structures develop working relations with the Council, but do not constitute the main road to channel communication and address the issues that must be dealt with or resolved by the upper instances to which they are subordinated.

ARTICLE 50. The Popular Council works on detecting and combating violations of legality, in units and entities in the district and, in particular, against any manifestation of corruption, use abuse resources and other crimes, and gives priority in its attention to activities of direct incidence in the population.

ARTICLE 51. He Council Popular works actively by that them entities existing in the demarcation running their plans of production or services and, in his case, by the compliance of the deliveries of products according to it planned.

SECTION SECOND OF THE RELATIONS WITH THE ADMINISTRATION MUNICIPAL ARTICLE 52. The President of the Council Popular maintains relations of work direct with the Administration Municipal. In this sense moved them approaches that decide the Council Popular, that know by itself same or receive of the population, on the operation of the units belonging to them addresses administrative, units budgeted and companies corresponding, which them Transact and respond in time and form.

ARTICLE 53. Administrative addresses, businesses, and budgeted units, create the organizational conditions and give the necessary facilities so that the Presidents of the popular councils and delegates to carry out contacts with the leader or competent official, to analyze topics that interest them and know the information required to guide the population.

ARTICLE 54. Administrative directions, businesses and budgeted units kept duly informed the Presidents of the popular advice on those issues which relate to matters affecting the interests and needs of the population and, in these cases, when they involve the adoption of decisions, the opinion of these Presidents should hear previously.

THIRD SECTION OF THE RELATIONS WITH THE ADMINISTRATIONS OF NATIONAL AND PROVINCIAL SUBORDINATION


ARTICLE 55. The President of the Popular Council, to deal with matters that are necessary, maintains direct working relationships with subordinate national and provincial administrations in the municipality. When not are based in the territory, the President of the Assembly Municipal sets them procedures to meet the issues that must be considered and processed with who corresponds.

 

CHAPTER XI OF THE ATTENTION TO THE FUNCTIONING OF THE COUNCILS ARTICLE 56. It corresponds to the President of the Assembly Municipal direct attention to the popular councils, which is supported by the Vice President and the Secretary of that. In order meet this responsibility serves its operation, orients its work and trains to their members, them requires the exercise of their powers and contributes to the strengthening of its authority.

ARTICLE 57. The President of the Municipal Assembly, in order to demand the fulfillment of the functions of the Councils, carries out regular meetings with the respective Chairmen to guide their work, listen to their criteria and organise exchanges of experience. Also, when it considers, them visit, performs offices individual with them and attends to the meetings of the Council.

ARTICLE 58. The President of the Municipal Assembly informed the Presidents of the popular councils on matters of greater importance and interest for the better performance of its functions.

ARTICLE 59. The duty of the President of the Municipal Assembly attend the popular councils, is independent of that provided individually and directly to the delegates, in order to contribute to its preparation, information and possible solution of the problems of their respective constituencies.

ARTICLE 60. The Presidents of the provincial assemblies meet regularly with the Presidents of the popular advice of their territories to analyze the progress of the work, provide information and guide its work.

ARTICLE 61. The working commissions of the national assemblies, provincial and municipal of the Popular visit and maintain working links with the Councils to contribute to its functioning and verify compliance with provisions of the Constitution and the laws, and inform their work, know the criteria on matters of interest and achieve their participation in activities that develop.

ARTICLE 62. Them Secretaries of them assemblies national, provincial and municipal made visits of work to them tips popular with the purpose of contribute to your operation organic e report is of the compliance of their powers and the development of his work.

ARTICLE 63. When the President of the Popular Council, virtue approaches to situations that affect the interests of the community, carried in his efforts all the arrangements possible in the municipality, without response, or which receive not be convincing, deems necessary, can go on to the President of the Provincial Assembly, the President of the National Assembly and the President of the Council of State to inform you of the situation, the efforts made and the considerations that has on the subject in particular to the effects that come.

 

Special provisions first: Decisions adopted by the people's Council or its Chairman, can be revoked by the Municipal or Provincial Assembly corresponding or suspended by their respective Chairmen, whenever they violate any legal provision, contrary to the interests of other territories, or generals in the country, or are not within the faculties who adopted them.

Second: The President and Vice-Presidents of the Popular Council maintain the employment relationship with its center of origin work, as well as the enjoyment of the salary benefits and seniority during the exercise of their functions, and to stop them, they may return to the same position or in work or other similar conditions and remuneration, when the grounds were not made for those who do detracting the public concept and that can have an impact on the performance of his work routine. If for justified reasons may not return to its center of origin, the organ of the corresponding Popular power is responsible for providing an adequate job placement.

The Minister of the work and security Social dictates the regulations necessary for the instrumentation of it willing in the paragraph that above.

Third: In the cases of Presidents and Vice-Presidents of councils that are members of the Ministry of the revolutionary armed forces and the Ministry of the Interior, they conform to the regulations dictating the respective Ministers, in response to its military status.

 

FINAL provisions first: It empowers the President of the National Assembly of the power Popular to issue, where necessary, the instructions required for the proper implementation of this law.

Second: Are they repealed many laws and regulatory provisions are opposed to compliance with provisions of this law, which will begin to be governed from its publication in the Official Gazette of the Republic.

GIVEN in the Chamber of the National Assembly of the Popular power, Palacio de Convenciones, in the city of Havana, the thirteen days of the month of July of the year 2000, "Year of the 40th anniversary of the Decision of fatherland or death"