1. Decree No. 341-civic directory military of EL SALVADOR, on use of the legislative powers conferred on him by the Decree No. 1, 25 January of this year, published in the Official Journal No. 17, vol. 190 of the same date, DECREES, sanctions and PROMULGATES, as follows: law the Administration national of AQUEDUCTS and sewage systems chapter I provisions fundamental article 1.-are created by this law the national administration of aqueducts and sewers that in the text of this law shall be called A.N.D.A., with character of autonomous institution of public service, with legal personality, and residing in the capital of the Republic.
The address of the institution may change if the needs require it, having A.N.D.A. the power to set up delegations in regions or municipal districts of the Republic.
Article 2.-A.N.D.A. shall provide and help provide the inhabitants of the Republic of "Water" and "Sewage", through planning, financing, implementation, operation, maintenance, management, and exploitation of the works required suitable.
For the purposes of this Act, means aqueduct set or system of sources of supply, works, facilities and services, which are aimed at the provision of drinking water; such combination or system includes: sources of supply, come from surface water or groundwater; plants of treatment and pumping; tanks for storage and distribution; the pipes with their accessories, valves, hydrants, etc., installed for the driving and distribution of the water; the soil in which the sources, works, facilities and services are located above; and the necessary easements. And by sewage, set, or system of works, facilities and services that are aimed at the evacuation and disposal of sewage; such combination or system comprises: sanitary sewers with their visiting grounds; collectors teachers and discharge; treatment plants; the soil in which are located the works; facilities and services above indicated; and the necessary easements.
Article 3.-are powers and ATTRIBUTIONS of the national administration of AQUEDUCTS and SEWER: (6) 2) acquire all manner of goods, furniture or buildings for any title or LEGAL means, and may retain, maintain, operate and administer such property; AND HAVE THOSE DEEMED UNNECESSARY. (6) (b)) ALIENATE in a all in agreement with the provisions relevant of the CIVIL code, those goods roots and your accessories that are UNNECESSARY for the purposes of this law. (6) c dispose of those goods furniture UNNECESSARY for the purposes of present law, to any of the titles following: (6) 1-selling to any institution official; (6) 2.-selling between individuals to the highest bidder;
3. GIVING THEM IN EXCHANGE, PAYMENT OR TO SUPPLEMENT PAYMENT OF THE PRICE OF PROPERTY FOR PURCHASE AND (6) 4-BY DONATING TO THE STATE, OR CHARITIES, OR PUBLIC SERVICE GOVERNMENT. (6) d) give and take in lease, loan, or make any other transaction on real estate or furniture with the State, or with any institution official or Corporation of public law, or with people legal or natural, E invest the product of such operations in the end that brand law. WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 134 OF THE CONSTITUTION. ((6) e) accept grants or subsidies from the State, or of any institution or Corporation of public law, or of individuals. (6) f) establish LAS actions that it deems suitable, compromise and celebrate arrangements judicial and extrajudicial. MAY NOT BE A RESPONDENT FOR DAMAGES AND PREJUDICE CAUSED BY IMPURITY, IRREGULARITY OR ACTUAL OR ALLEGED FAILURE OF THE WATER SUPPLIED BY IT, PROVIDED THAT IT COMES FROM UNFORESEEN CIRCUMSTANCES OR FORCE MAJEURE; NOR CAN GARNISH OR TO SELL AT PUBLIC AUCTION THE ASSETS OF THE INSTITUTION NEEDED FOR THE PUBLIC SERVICE. ((6) g) conclude contracts, FORMALIZE all LOS instruments and perform all LOS acts and operations that are necessary or suitable to take to effect LAS faculties and powers that by this law is you confer or is you confer by laws later; BUT WHEN IS TRY TO INCUR OBLIGATIONS GUARANTEED BY THE EXECUTIVE POWER MUST BE OBTAINED THE AUTHORIZATION OF THE LEGISLATIVE ASSEMBLY IN THE FORM PRESCRIBED IN PARAGRAPH 16 OF ARTICLE 47 OF THE CONSTITUTION. ((6) 3 h) monitor your properties and activities, including the of make and put in force, those standards internal which are necessary for such purposes. (6) i) enter, prior authorization by its owners or owners or their representatives, in real estate or bodies of water, for the purpose of making surveys, polls and studies. WHEN THE AUTHORIZATION IS SOUGHT IT IN WRITING AND I WILL NOT ANSWER WITHIN THE THIRD DAY ANY OF THE ABOVE-MENTIONED PERSONS, HAS BY GRANTED PERMISSION; AND IF THIS IS NEGARE, IT WILL OCCUR TO THE MINISTRY OF THE INTERIOR WITH THE RELEVANT JUSTIFICATIONS, WHO MAY BE GRANTED THE REQUESTED PERMISSION, PREVIOUSLY HEARING THE PERSON CONCERNED WITHIN THE THIRD DAY. IF THERE IS DAMAGE, THE INSTITUTION SHALL PAY APPROPRIATE COMPENSATION. (6) j) prepare or have prepared studies, plans, designs and budgets for construction, reconstruction, EXPANSION, improvement, expansion and repair any work necessary for the realization of LOS purposes that this law you ENCOMIENDA or that is LE ENCOMENDAREN by laws later, and modify or make change, when is convenient, such plans, designs and budgets. (6) k) acquire, use and treat waters surface or underground and have of the same for the PROVISION of LAS populations and of areas rural. ((6) l) build and rebuild, by contract, prior tender or low the address of its own officials, agents or employees, or by conduit or mediation of the same, all kind of works and facilities related with: (6) 1-study, research, childbirth, CAPTATION, treatment, CONDUCTION, storage and distribution of drinking water; (6) 2.-study, research, evacuation, treatment and disposal end of water waste; AND (6) 3-IMPROVEMENT, EXPANSION AND MAINTENANCE OF THE INSTALLATIONS OR EXISTING SERVICES RELATED TO THE TWO PREVIOUS ITEMS, THAT WILL COME UNDER ITS JURISDICTION. ((6) m) establish industries that have by object extract or produce the matter PRIMA or the materials made necessary for your services, without LUCRATIVE purposes. (6) n) obtain direct loans, issue and put bonds in the markets internal and external and contract other obligations, acting in all these cases with the approval prior to Executive EN EL bouquet of 4 economy, and use the funds so obtained in the realization of your purposes, in accordance with their budgets and in accordance with the law. ((6) the institution may not mortgage, pledge or encumber in any other way your profits, rentals, facilities and other property, except in the cases following: (8) (a)) the charges mortgage or PRENDATARIOS which constitute about a property root or Cabinet at the time of your purchase, to ensure the payment of the price of the same; And (8) b) liens that are constitute in FAVOR of the State, the municipality or of the institutions official autonomous, for achieving their purposes. ((6) (8) or) LAS operations to that is concerns the LITERAL previous with the object of consolidate, convert or REFINANCE their obligations, with CLAMPING to the requirements that the same LITERAL sets. (6) p) submit to approval power Executive in the field of Economics, reasonable rates for the use of the facilities of the institution, or by drinking water services, SEWER or other items or services sold, lent or supplied by it and charge of agreement to the same, which is applied in the percentage and in the form that LA Board of Government determines. (6) (7) SUCH RATES SHALL BE DETERMINED, AT THE SAME TIME THAT A CRITERION OF SELF-FINANCING COMPANY, WITH A CRITERION OF PUBLIC SOCIAL SERVICE; AND MUST BE SUFFICIENT TO COVER AND PROVIDE A MARGIN OF SAFETY: (6) 1-EXPENDITURES MADE BY THE INSTITUTION IN THE OPERATION, MAINTENANCE, ADMINISTRATION, IMPROVEMENT, DEVELOPMENT AND EXPANSION OF THEIR FACILITIES AND PROPERTIES; AND (6) 2.-PAYMENT OF CAPITAL, INTEREST AND OTHER CHARGES ON ITS BONDS AND OTHER OBLIGATIONS, IN ORDER TO BE ABLE TO COMPLY WITH THE TERMS OF THE AGREEMENTS CONCLUDED WITH ITS CREDITORS. (6) ANY AUTHORITY MAY ADDITIONALLY TAXING SERVICES OR NECESSARY WORKS TO GET THEM WHEN THESE ARE ARE UNDER THE JURISDICTION OF ANDA. ((6) 5 q) participate in societies of economy mixed which pursue the same object of the institution; And (5) (6) r) FORMULATE and submit to the power Executive for its approval, the regulation of the present law and the other which are necessary, the same as its reforms. ((6) chapter II heritage article 4.-A.N.D.A. will have the resources that are expressed below: to) the funds that get of LAS grants that the State you grant annually, not minor's three million five hundred thousand COLONES (¢ 3.500.000.00), for a period of four years to the start of the FISCAL year of 1962. THIS CONTRIBUTION MAY INCLUDE MOVABLE PROPERTY THAT IS USEFUL FOR THE FULFILMENT OF ITS PURPOSES. (1) (b)) the subsequent allocations of capital granted by the State;
(c) subsidies the State assigned to activities or specific works within the purposes of this Act;
(d) water supply and sewer systems, assets and rights owned and operated or controlled by the State and the municipalities, which are used or useful mainly for the supply or availability of water, after they are legally transferred them;
(e) other real and personal property that any title purchased State, municipalities, government entities and individuals, which are intended for the increase of its capital;
(f) earnings and incomes perceived by the operation of the aqueducts and sewers, other services or use of their properties, to concurrence of its remnants, after covering the commitments by credits received, operating costs and reserves which are not capital;
(g) the titles of credit issued in its favour; and (h) other revenues or acquisitions that in any way increase your capital;
Article 5.-the contributions of capital referred to in the literal b) art. previous in benefit of A.N.D.A. is will be recorded by means of certificates or titles equivalent to the capital contributed by the State.
Such certificates or titles will be issued by A.N.D.A. in the way that determined by the Ministry of finance, in accordance with the Court of accounts of the Republic and will deliver to the General address of cash against delivery of the contributions of the State, whether in money or other property, as such contributions are carried out, prior has valued of the latter.
6. are excluded from the above resources that the State contribution for specific purposes and whose works are not property of A.N.D.A., for having acted as Agent Builder.
Chapter III organization, management and administration article 6.-faculties and powers that this Act gives the institution, as well as policy GENERAL thereof, the exercise and determine a Governing Board composed of a President, five proprietary directors and five DEPUTIES. THE PRESIDENT SHALL HAVE A SUBSTITUTE. These officials, will be appointed in the following way: a) the President and his Deputy, by the President of the Republic;
b) four owners and their respective attachments: by the organ Executive in LOS RAMOS of works public, transport and of housing and development, governance, health and Council national planning and coordination economic;
(c) a landlord and his Deputy, representative of the non-governmental SECTOR, elected and appointed by the President of the Republic, of a list open of candidates of the entities GUILDS of the company private with personality legal, organizations not governmental with personality legal related to the theme of water, unions of the institution and universities accredited by the Ministry of work and forecast SOCIAL and the of education RESPECTIVELY.
THE entities referred to in the letter c), that wish to include candidates on the list, must select them according to your internal system.
THE PROCEDURES CONCERNED ABOUT SUCH APPOINTMENTS SHALL BE REGULATED BY LAW. (3) (5) (9) article 7.-repealed (3) article 8-repealed (3) article 9.-the alternate Chairperson will attend the sessions of the Board of Governors with the right to speak but without voting and replaced the President with all their rights in the event of absence or temporary impediment of this. If both could not attend the session the Governing Board shall appoint among its members which must preside over the session.
SECOND subparagraph repealed (5) in case of vacancy of any of the preceding charges, will be new designation, for whom 7 applicable, to finish the period begun.
Article 10.-the Governing Board will ordinarily be held once a week; and remarkably, when the interests or obligations of the institution require it.
The President or his substitute it legally, will convene and preside over the sessions.
Article 11.-for QUORUM at sessions of the Board of Governors will require the CONCURRENCE of the President, or who the replace legally and the three directors, provided that these are not by the same industry; THE RESOLUTIONS WILL BE TAKEN BY THE MAJORITY OF THE ATTENDEES VOTING DECISION. IN THE EVENT OF A TIE, THE PRESIDENT SHALL HAVE DOUBLE VOTE.
THE DEPUTY DIRECTORS SHALL ATTEND TOGETHER WITH THE OWNERS MEETINGS, BUT IN THE PRESENCE OF THE RESPECTIVE HOLDER WILL VOTE ILLUSTRATIVE BUT NOT VOTE DECISION-MAKING. IN THE ABSENCE OF THE OWNER, THE VOTE OF THE RESPECTIVE DEPUTY SHALL BE DECISION-MAKING.
DIRECTORS WILL BEAR DIETS PER SESSION TO ATTEND AND THE AMOUNT THEREOF SHALL BE EQUAL FOR OWNERS AND ATTACHMENTS. (5) article 12.-the President of the Governing Board, or who make their times, will have judicial and extra-judicial representation of the A.N.D.A.
TO BE PRESIDENT OR DIRECTOR OF THE INSTITUTION IS REQUIRED: 1) BE SALVADORAN;
(2) GREATER THAN 30 YEARS;
(3) OF KNOWN REPUTE AND INSTRUCTION. (3) THE CHAIRMAN AND THE DIRECTORS OF THE INSTITUTION WILL LAST IN OFFICE TWO YEARS, AND MAY BE REELECTED. (3) article 13.-the management of the business of the institution will be headed by the President of ANDA, who for the better development of its functions, will involve the collaboration of a technical manager and a Chief Financial Officer, appointed by him, charges that will be incompatible with any other REMUNERATED and the exercise of their profession, to full time except with teaching.
TO BE TECHNICAL MANAGER IS REQUIRED: BE CIVIL ENGINEER OR SANITARY ENGINEER, IN THE LAWFUL EXERCISE OF THE PROFESSION DURING THE PREVIOUS TWO YEARS TO HIS APPOINTMENT.
8. TO BE CHIEF FINANCIAL OFFICER IS REQUIRED: BE AN ECONOMIST OR ADMINISTRATOR OF ENTERPRISES OR OF RECOGNIZED COMPETENCE IN THE FIELD.
IN BOTH CASES THE PERSON SELECTED FOR THE POST MUST BE SALVADORAN, LARGEST IN 30 YEARS, WITH FIVE YEARS OF EXPERIENCE IN THEIR RESPECTIVE FIELDS AND RECOGNIZED COMPETENCE AND GOOD REPUTE.
THE TECHNICAL MANAGER, THE CHIEF FINANCIAL OFFICER AND LEGAL ADVISER, ATTEND THE SESSIONS OF THE BOARD OF GOVERNORS WITH VOICE BUT WITHOUT VOTE; WITH THE PERMISSION OF THE PRESIDENT, WILL REPRESENT TOGETHER OR SEPARATELY TO THE INSTITUTION IN ALL ACTS AND CONTRACTS THAT HELD, IN ACCORDANCE WITH THE INSTRUCTIONS OF THE BOARD OF GOVERNORS. (3) (5) (6) article 14.-corresponds to the ANDA Governing Board President, appoint officers, employees, representatives and agents, inside and outside the country, determining them, the powers and duties inherent to their posts; AND HIRING CONSULTANTS, SUPERINTENDENTS, ADMINISTRATORS, LAWYERS AND OTHER EXPERTS, ARE NATURAL OR LEGAL PERSONS REQUIRED TO MEET THE PURPOSES OF THE INSTITUTION. (6) article 15.-the selection and appointment of officers and employees of A.N.D.A.; and promotions and promotion thereof, shall be solely in people's moral integrity, ability, merit and efficiency.
Article 16.-shall not be members of the Board of Governors or officials of the institution: (3) a) children under 25 years of age; (3) b) foreigners;
(c) those who are creditors, debtors, or contractors of the institution;
(d) those who are owners, shareholders, partners, directors, officers or employees of any company which pursues the same ends of A.N.D.A.;
(e) relatives within the fourth degree of consanguinity or second of affinity legitimate and (f) those who have been convicted in judgment rendered by ordinary crimes in the five years preceding his election or appointment.
Article 17.-the remuneration of the members of the Board of Governors, financial manager and technical manager and staff of officials and employees, be 9 established in the form appropriate to the importance of their work. (3) (6) REMUNERATION THAT MAY BE ESTABLISHED IN ANY CASE IS RELATED TO THE UTILITIES OF THE INSTITUTION. ((3) article 18.-A.N.D.A. shall be governed by a special system of wages which will be presented as an annex to its special budget and to be established in accordance with the following rules: a) the remuneration of the President of the Board of Government and managing technical and financial manager, is set on the respective system special of wages. THE REMUNERATION OF THE OTHER DIRECTORS OF THE BOARD OF GOVERNORS, IS DESIGNATED ON THE BASIS OF DIETS FOR EACH SESSION TO ATTEND; (3) (6) (b)) the remuneration of staff of officials are determined by contract; (3) c) the remuneration of the staff of permanent employees, shall be determined in accordance with the categories of wages pointing in the same annex;
(d) remuneration of staff, the staff of temporary employees and workers in general, should be fixed by individual contract in accordance with the labour laws; (and e) remuneration of the agents of A.N.D.A may be based on Commission, without prejudice to the provisions of subsection 2 ° of article 17.
Article 19.-the President of the Board of Government shall establish internal rules concerning hours of work, overtime, permits, licenses, employees, vacation, bonuses, and other benefits for staff, acting in accordance with principles of equity and in accordance with the labour laws applicable to private enterprise with and set standards for the appointment and promotion of staff. (6)
Article 20.-remember bond the Board of Governors, who will have broad authority to specify the terms and conditions thereof, that are usual in the internal and external markets in which intends to make the issue; (being understood that it must comply with the provisions in the literal or) of article 3 of this law.
The Central Reserve Bank of El Salvador will be the Fiscal Agent in all of A.N.D.A. bond issues and will perform with them open market, according to its law and statutes.
Article 21.-emissions of bonds and obligations incurred by A.N.D.A., guaranteed by the Executive and approved by the Legislative Assembly shall be paid preferably with the assets of the institution and secondarily with the State.
10 article 22.-in contracts that A.N.D.A. celebrate for work or acquire movable or immovable property, will not include the Directorate GENERAL of the budget, the supply GENERAL of the Republic, nor the specific supply of public works; OR IT WILL BE THE INSTITUTION SUBJECT TO THE PROVISIONS OF THE LAW OF SUPPLY, NOR THE LAW OF SUPPLIES FOR THE FIELD OF PUBLIC WORKS. THE GOVERNING BOARD SHALL WITHIN A PERIOD OF THIRTY DAYS ISSUE A REGULATION OF SUPPLIES, WHICH SHOULD BE PUBLISHED IN THE OFFICIAL JOURNAL.
SUCH WORKS OR SUPPLIES MUST UNDERGO PUBLIC BIDDING WHEN THE VALUE THEREOF EXCEED TWENTY-FIVE THOUSAND COLONES, UNLESS IS IN THE CASE OF EMERGENCY OR PROVEN EMERGENCY, IN THE OPINION OF THE GOVERNING BOARD. ((5) chapter IV transfer of property article 23.-under this Act, becomes the domain for A.N.D.A. of tradition: to) real estate and furniture belonging to the State and managed by the Directorate of hydraulic works, under the Ministry of public works, created by Decree legislative No. 102, of date December 23, 1950, published in the Official Journal No. 281 Volume 149, of the same date;
(b) water and sewerage systems, including rights, easements and useful goods to such services are owned by the State, municipalities or autonomous institutions.
(c) also passed in FAVOR of the Administration National AQUEDUCTS and sewers (ANDA), the domain of all LOS goods properties registered in the records of LA property root of LA Republic to please of LAS together of promotion departmental one, together of water and other institutions autonomous deleted in the article 4 of the Legislative Decree of 29 April 1939 PUBLISHED IN THE DIARIO OFICIAL OF 9 MAY OF THE SAME YEAR, LIMITING SUCH TRANSFER, GOODS THAT WERE INTENDED FOR IMMEDIATE AND DIRECTLY TO THE FULFILMENT OF ITS PURPOSES.
REGISTRARS OF PROPERTY ROOT OF THE REPUBLIC, SHALL CARRY OUT THE TRANSFERS OF PROPERTY REFERRED TO IN THE ABOVE LITERALS, ROYALTY FREE. (2) article 24.-for the purposes of the previous article will be transferred all maps, plans, projects, designs, books and accounting records; data related to the construction, extension, improvement or maintenance of such systems. and equipment, the files used in the management, conservation and operation of the same.
Article 25.-the municipalities and other government corporations will make material delivery to A.N.D.A. of the water and sewerage systems under their management or domain, without compensation or 11 compensation on the part of A.N.D.A., on the understanding that these systems will continue to serve the community.
Article 26.-material delivery of the goods referred to in article 23, shall request it A.N.D.A. in writing to the official or officials, and agencies under whose administration are such goods as its possibilities permit; such deliveries shall be made through inventory and on the date set by the Governing Board.
Article 27.-the descriptions of the goods that appear in the resolutions of the Board of Governors, setting dates in which will take effect deliveries which by this Act are provided, identify the property to be transferred.
Article 28.-them officials u organisms low whose administration are them goods described in them resolutions of the Board of Government, will be forced to deliver them to A.N.D.A. in them dates that this determined.
Article 29.-A.N.D.A. bear dates that to be effective the mentioned material deliveries, the rights and obligations of any nature that may be on the property acquired.
Chapter V budget and accountability.
Article 30.-A.N.D.A. will be subject to a special budget, which will be prepared, will vote, will run and on which will yield accounts, in accordance with the provisions that follow: to) the first exerted FISCAL that started the first of January of 1962 shall be two years and the following of one year each, which are available from the first of January, in later, without prejudice to account annually for the first budget agreement with the laws in force; (3) b) in the third quarter of the second year of the first exercise FISCAL, LA Board of Government prepare the budget special that governed the operations during the exercise FISCAL following. THE PREPARATION OF THE FOLLOWING SPECIAL BUDGETS, IT WILL DO IN THE SECOND QUARTER OF THE TERM OF THE PREVIOUS BUDGET. ((3) c the special budget will contain in the part of income: 1) the estimate of the surplus or deficit financial initial;
(2) the estimation of income and income derived from the operation of their water and sewer, the provision of other services and the sale of products; as well as the use of its facilities and other property;
(3) a game of autoUpgrade to give input to the product of 12 the short-term loans covering the institution in order to cover temporary gaps in income, meaning short-term loans which have not more than one year maturity, whether that period is fulfilled within the same Fiscal year or in the following;
(4) a game of autoUpgrade to give input to the resources that the State assigns to A.N.D.A. for works or specific activities; and (5) any other remedy that eventually A.N.D.A. available;
((d) the special budget will contain in its outflows: 1) items authorizing expenditures for a: research and planning; Administration; operation and maintenance; conservation of resources; and various activities;
(2) a departure authorized by investments in the acquisition, construction, additions, enlargements and improvements-estate and furniture and of the works and installations related to the enforcement of this Act;
(3) a split for the sufficient amount for depreciation of capital payment or redemption and interest from bonds, loans and other obligations legally assumed by the institution, including charges for opening of credit, commissions by selling bonds, printing, engraving and lithographed bonds, fiscal Agency services and other expenses of the same nature;
((4) a game destined to the repayment and cancellation of short-term, open-end loans automatically in relation to the amount of the loans contracted in accordance with the paragraph 3) the literal c) of this article; and (5) a game that authorizes the necessary expenditures or specific activities that the Government refer to A.N.D.A. and to whose effect has provided it with the necessary resources, works automatically expandable in the amounts listed in the law on the General budget; (and e) with the preliminary draft budget special will accompany the States, details and justifications that complement it.
Article 31.-the draft special budget must be approved by the Board of Governors, according to prescribed in article 11 of this law.
ONCE APPROVED THE DRAFT OF THE SECOND SPECIAL BUDGET, IS CONSIDERATION OF THE MINISTRY OF PUBLIC WORKS, AT THE LATEST ON 30 SEPTEMBER OF THE SECOND YEAR OF THE FIRST FISCAL YEAR; AND REGARDING THE SECOND PROSECUTOR, SUCH PRESENTATION YEAR AFTER 13 SPECIAL BUDGETS ARE SHALL, AT THE LATEST, 30 JUNE IN EFFECT, FISCAL YEAR ALL TO WHICH POWER EXECUTIVE THROUGH THE MINISTRY OF FINANCE, AS SUBJECT TO THE APPROVAL OF THE LEGISLATURE. IN THE EVENT OF A DELAY IN THE APPROVAL OF THE BUDGET, WILL REMAIN IN FORCE, UNTIL THEY ENACT A NEW ONE. (3) article 32.-once enacted budget, shall run in accordance with their nature of competition budget and with the corresponding authorizations of the Board of Governors.
For all expenditure A.N.D.A. shall exclusively be governed by their budgets, without the intervention of the General direction of the budget.
Article 33.-transfers of credit between items of a special budget will be agreed by the Governing Board in accordance with the requirements of article 11 of this law; and so they take effect must be approved by the Executive branch in the field of economy.
Article 34.-the investment of resources A.N.D.A. to get through long step credit operations, will be governed by an extraordinary budget; and surpluses that will deliver the liquidations of the extraordinary budget, will apply to the current special budget at the time of the settlement.
Article 35.-all funds of the institution must be deposited in the Bank Central of reservation of El Salvador or in other banking institutions which, in the opinion of the Governing Board deserve confidence; with exception of an amount that is set in the respective budgets and that may keep is in effective, for meet expenditures of claims that not exceed the limit set.
Only officials or employees designated by the Board of Governors, may withdraw funds from the depositary banks and to make payments to the same Governing Board authorized by general or special way in accordance with the provisions of this law, as well as for the acquisition of bonds or other securities issued or guaranteed by the Government.
Article 36.-ANDA shall report yearly activities and for this purpose, shall submit to the power of Executive in the fields of public works and finance, within the first quarter of the year following the closure of a special budget, the settlement of the budget account, GENERAL, the State of profit and loss BALANCE, implementation of utilities and the audit report , AND THE MEMORY OF WORK CORRESPONDING TO THE PAST ADMINISTRATIVE YEAR; ALL THE 31 DECEMBER NEXT YEAR. (3) the Executive power in the field of public works shall include in its annual report to the Legislative Assembly, sufficient information so you know management developed by A.N.D.A.; who in turn, within the shortest possible time, published the text of its report and attached documents.
Chapter VI auditing and control 14 article 37.-ANDA will be subject to inspection and surveillance of an AUDITOR or firm of Auditors, appointed by the BANCO CENTRAL DE RESERVA DE EL SALVADOR, in the role of agent FISCAL, according to the Board of Governors.
THE AUDITOR MUST BE CERTIFIED PUBLIC ACCOUNTANT CERTIFICATE FROM A RECOGNIZED HONORABILITY AND NOTORIOUS COMPETITION. ((3) article 38.-the Auditor must: to) endorse the settlement account of the budget and other documents relating to the financial management of the institution, which must be submitted to the Governing Council or the governing authorities; (b) submit to the Governing Board an annual report on the financial status and the way in which the operations of the institution, have led including observations or suggestions which in his opinion are suitable for its improvement; and (c) carry out the other functions that are appropriate in accordance with the regulations and provisions of the Governing Board.
Article 39.-go will also be subject to the control of the Court of accounts of the Republic, who will pay has supported with respective vouchers. LA control is will do of way adequate to the nature and purposes of the institution, under the regime special which then sets: (3) (a)) for the purposes of this audit, the Court of accounts shall appoint a permanent delegate, who, in the exercise of its functions, will work at full hearing and in the offices of the institution;
((b) the Permanent delegate shall have the following functions: 1) reviewing the accounts of A.N.D.A., in accordance with accepted audit standards;
(2) make the retching and checks that it deems appropriate, examine the different balances and States and verify them with books, documents and inventories; and (3) make sure that the operations of the institution are made pursuant to the Act and the regulations; as well as expenses to conform to the forecasts of budgets.
Delegate will have no right to object to or resolve based on convenience or inconvenience of the operations or expenditure estimates that A.N.D.A. perform in the attainment of its purposes;
c) when in the exercise of its powers the delegate notare any irregularity or infringement, shall notify in writing the President of A.N.D.A. within 48 hours, on the facts and circumstances of the case; as well as point out a reasonable period of time so that the irregularity or offence concerned is remedied.
If a judgement of the Board of Government not there is irregularity or infringement in Act 15 observed by the delegate, it will it be know in writing and within the time that this has been pointed out, exposing the reasons and relevant explanations.
If the delegate has not been satisfied with the reasons and explanations received, or obtains no response, it will raise the case to the President of the Court of accounts, who after listening to the Governing Board will resolve what it considers coming;
d) when the Governing Board deems it appropriate, may submit any act, operation or delivery which intends to carry out a prior approval of the Permanent delegate; and if it has objections to and that do not acatare them, will submit the case to the decision of the President of the Court of Auditors;
e) when the Board of Government not be'll settle with a resolution of the President of the Court of accounts issued in LOS cases to that ALLUDES the LITERAL previous, you can ELEVATE the case to consideration of the power Executive for his resolution in Council of Ministers, according to LO arranged in the article 129 of the Constitution. (3) f) repealed (3) in all LO not provided in the present article, you'll have application the provisions of LA law organic of the Court of Auditors. (3) Chapter VII of the SERVITUDES article 40.-when A.N.D.A. need be an easement on their behalf for the attainment of its goals and would not acquire it by direct contracting with owners or possessors of the servant property, can be done through the procedure of creation of easement established by this law.
41.-the competent authority to hear the trials of easements shall be article the judge of first instance civil domicile of the owner of the property that will undergo assessment or the one in whose jurisdiction the property is located.
Article 42.-the representative of A.N.D.A. for purposes of easements, will be presented to the competent judge, to request the corresponding law describing the land that is to be taxed, indicating the nature of the easement or easements you need, specifying its location or detailing the land area that servitude, name of the owner or possessor thereof shall constitute , the works to be carried out, accompanying maps, descriptive and the conditions and methods of payment. It will also indicate the name or names of any persons who have registered on their behalf in the registry of property root and mortgages, real or personal rights that should be respected, with an indication of their respective homes.
If between the above persons have absent or incapable you must express the names and addresses of their representatives, if they are known.
16 article 43.-the judge will send hear within third day the owners or holders and others pointing the previous article, or their legitimate representatives; and if you have been absent or incapable that they neither legal representatives, judge shall appoint them before conferring the audience, without any formality, a curator of special to represent them at trial.
Article 44.-the site will be done by means of a notice to be published once in the Gazette and in one of the newspapers with the largest circulation in the country, and the three days they will be from the last date in which the publication appears. The term distance shall be three days in all cases.
Article 45.-completed the three days of the hearing, more than the distance, if any occurred, and to appear or not the respondent, will receive the cause tested by eight extended days, within which you will receive the opinion of two experts shall be appointed by the judge ex officio, on the need to establish the property concerned the right of easement requested , and the amount of compensation. Also the other evidence which the parties may present must be sent.
Article 46.-expiration of the probationary term, within three days, the judge will deliver final judgment, decreed the creation of the easement or by declaring it without place, and, in the first case, will determine the value of the compensation and the form and terms of payment. For this last will be considered registered in favour of third-party rights.
In any case the compensation shall include the value of the land occupied by the easement irrespective of their nature, as well as the amount of the damages caused by the construction, custody, conservation and repair of servitude and other constraints that it is subject the property encumbered with her.
Article 47.-the sentence may include one or more land belonging to only one or several owners or holders and will not accept more resource than that of responsibility.
Article 48.-all actions are practiced in simple paper and notices and citations will be made by edicts to be fixed on the Board of the Court.
Article 49.-notified the final ruling has ordered the creation of the easement, will be made the same for A.N.D.A. and certification of judgment will serve as a title of the domain of the right of easement, which shall be entered in the respective registry.
If three days from notification of the judgment not be permits to A.N.D.A., by opposition from the owners or possessors of the premises, initiation of works relevant to the exercise of the right of servitude established, the judge or a Justice of the peace that he commissions to the effect, give the representative of the institution with only the motion of the same material possession even when the corresponding inscriptions have not done.
Article 50.-the creation of the easement title, whether it is that any given voluntarily or forcibly, will contain: 17) name, profession and address of the constituent Assembly;
(b) description of the land subject to the easement, indicating your registration at the registry of the root property and mortgages, if any; and (c) description of the Strip on which the easement according to topographic plans raised by A.N.D.A. shall be exercised
Article 51.-the titles of the easements to the present law, contracts shall be entered in favor of A.N.D.A.: to) Although the encumbered properties lack registered antecedent, provided that the owners or possessors constituents have not been disturbed in their possession by clamming or possessory actions or administrative procedures, during the two years prior to the creation of the easement circumstance you will be credited in the respective registration certifications issued by the Municipal Mayor or judge of first instance civil jurisdiction;
(b) even if the borders do not match the background, provided that those have been taken from the topographic plans raised by A.N.D.A.;
(c) Although the licensors are not solvent tax income and roads, or the paving and municipal.
Article 52.-also to application of A.N.D.A., is noted preventively in the registration competent the titles of Constitution of easements. The preventive annotation will become definitive if sixty days after verified to not present formal opposition by the person or persons who have exercised or disturbed in the possession of the constituents.
Article 53.-A.N.D.A. can knock down trees on the plots on which will exercise a servitude, without having to fill the requirements of the forestry law. (6) article 54.-the owner of the servant property may not make plantations, buildings or other works or tasks which interfere with or harm the exercise of servitudes constituted in accordance with this law.
Article 55.-the servant property owner is obliged to allow, under the responsibility of A.N.D.A., the entry of staff of employees and workers in this and the essential material and transportation necessary to carry out the construction, revision or repair works, facilities or pipeline, in the servant property.
Article 56.-Las A.N.D.A. give easements referred to in this law, the following rights: to) the occupation of the area of the land necessary to servant for the construction of the works of the easement;
18 b) construction on the land area of the easement of the works required for the purposes of A.N.D.A.;
(c) the hedge land that A.N.D.A. will be used for the creation of easements; and (d) of the water discharge through the channels existing in the servant property, provided that the conditions of this permit.
Chapter VIII of the expropriation article 57.-always that A.N.D.A. may not acquire by direct contracting with owners or possessors, the land required for the attainment of the goals that they have been to entrusted him, may do so by the system of expropriation by the procedure established by the present law.
Article 58.-the competent authority to know in the trials of expropriation that promotes A.N.D.A. will be the Court of first instance civil domicile of the owner of the property that will undergo assessment or the one in whose jurisdiction the property is flavored.
Article 59.-the representative of A.N.D.A. will be presented to this Court to request it decrees the expropriation, by relation of the property or properties you need to expropriate, as well as the name or names of the owners or holders and any persons having registered in your favour real or personal rights that should be respected, with expression of their respective homes , and will accompany a copy of the plans on the grounds or respective properties.
If people previously indicated any absent or incapable, shall state the names and addresses of their representatives, if they are known.
If the expropriation is for the use of private property for the purpose of supplying water, the demand will determine also the volume of water that will be needed.
Article 60.-the judge will provide resolution sending softly to third day owners or holders and others expressing the foregoing article, or their legitimate representatives.
If absent or incapable people who need to be heard and neither representatives the judge shall appoint them before giving the audience, without any formality, a curator for the trial.
The site will be done by means of a notice to be published once in the Gazette and in three of the newspapers with the largest circulation in the Republic, and three days shall include from the last of the dates on which the publication is made. The term distance shall be three days in all cases.
Article 61.-completed the three days of the site, will open to evidence the trial for eight extended days, within which the opinion of two experts will receive the judge shall appoint ex officio on the capacity of the waters and the need to deal with them, the property or properties that is, 19 and the amount of the compensation in respect of each of them and will be testing that have to well be parties.
Article 62.-within three days following the conclusion of the term will dictate the final judgment decreeing the expropriation or declarandola without place, and, in the first case, determining the value of the compensation in respect of each field, and the form and conditions of payment. For this last will be registered in favour of third-party rights.
If the needs of water supply are urgent, according to the test poured into the trial, the verdict must be agreed that compensation may not be prior to the delivery of the land required for the works that will build A.N.D.A. or by the use of the waters that are expropriating and in such a case, the delivery of some or others be ordered that it takes place the day after reported the statement to the owner possessor or holder of the land or waters; to which the Court will occur by force if necessary and if resolution is not accomplished in the shortest possible time, in accordance with provisions in the article 1261, Pr.
Article 63.-the sentence may include one or more land belonging to one or to several owners or holders, and will not accept more resource than that of responsibility.
Article 64.-all actions are practiced in simple paper and notices and citations will be made by edicts to be fixed on the Board of the Court.
Article 65.-notified the final ruling decrees the expropriation shall be transferred ownership of the property in favor of A.N.D.A. and certification of that judgment shall be entered as a title of ownership and possession.
Registered in favour of third-party rights will be extinguished as a result of the expropriation.
Last three days from notification of the judgment, has not received A.N.D.A. by resignation of the owners, holders or some occupants of the expropriated land, the judge or a Justice of the peace that he commissions to the effect, it will give material possession of the premises to the representative of the institution, with only the motion of the same, even when the corresponding inscriptions have not become.
Article 66.-Loa real estate purchase A.N.D.A. for the fulfilment of its purposes, whether contractual or forcibly, they can register in their favor in the corresponding records from the root property and mortgages, however, the owners or possessors have no registered titles or have them defective, provided that such persons or their predecessors have not been stirred in his possession through administrative procedures, during the two years preceding the acquisition of the property or possessory or control actions.
This last circumstance shall it contain the judge or the notary in the respective statement or script, with view of extended certifications in simple paper by the judges of first instance and municipal mayors of respective understandings, or will be credited in the registry with the above certifications.
20 article 67.-in the writings of contractual acquisition, as in statements of expropriation and registration of real estate who acquires A.N.D.A., must be given the descriptions and areas of the same according to the data provided by engineers of that entity, notwithstanding that such descriptions and areas do not coincide with those expressed in the attached background.
To make inscriptions are prescindirá it, where appropriate, the provisions of Art. 696 C.
Chapter IX exemptions and benefits article 68.-A.N.D.A. enjoy:
a) exemption from all kinds of taxes, rates and contributions tax and municipal, direct and indirect, established or to be established, they can lie about their movable property or estate, income or income of all kinds, including inheritances, bequests and donations, or legal acts, contracts or business venue, always corresponding to A.N.D.A. make the payment;
(b) franchise for the import of machinery, equipment, construction materials, useful and other elements necessary for the installation and maintenance of their offices, plants, offices and services, whether the institution owner or co-owner of them, the import of the effects covered by this franchise, will be held subject to the laws in force in the field and includes the release of rights and expenses caused by the visa of the enforceable documents for customs registration;
(c) deleted (3) A.N.D.A. you must pay the value of the services that receive of LAS municipalities and of LAS institutions official, autonomous or SEMI-AUTONOMAS, if it were legally charged. ((5) article 69.-the exemption referred to in subparagraph a) of the preceding article, also includes taxes of alcabala and transfer of goods; sealed paper, stamps and registration rights.
Article 70.-A.N.D.A. will enjoy preference, for the use or exploitation of any body of water or other goods of national or privately owned, that are considered necessary for water supply or discharge of sanitary sewer on any right to the same purposes have or claim natural or legal persons, official or semi-official bodies.
Article 71.-A.N.D.A. can negotiate with the competent authorities, the suspension or termination of any grant, use or exploitation of resources of national or private property or waters, which is deemed necessary for water supply or sanitary sewer discharge.
Article 72.-A.N.D.A. you can use without paying compensation, taxes, fees or contributions of any kind, the national assets for public use, acting in fulfilment of its purposes and in accordance with the legislation.
21 Article 73.-the movable and immovable with accessories, that the Governing Board deems necessary and suitable to carry out the purposes of the institution, are declared of public utility and may be expropriated in the form determined by law, if they are not winning contract directly.
Case of expropriate property for water supply purposes, compensation may not be prior.
Article 74.-the bonds issued by A.N.D.A. will enjoy the following benefits: to) capital, interests, and other accessories for the bonds will be exempt from all sorts of taxes established or which in the future will be established in El Salvador, both fiscal and municipal, including specifically the income tax, of roads, of stamps, successions and donations;
(b) they shall be accepted at face value as collateral for payment of customs rights and consular, direct taxes and any other taxes, fees and contributions, whether they are in favour of the State or municipalities, and also admitted at the same time as security in any case where, by provision of the law or the judicial or administrative authorities required the surrender of bail or any other type of bond; and (c) overdue interest coupons will be accepted by the Government, at face value, for the payment of all kinds of taxes, fees and tax.
Chapter X provisions General and temporary article 75.-A.N.D.A. is considered as a State institution, without prejudice to the autonomy afforded by this Act. The provisions of this Act shall constitute a special regime to be applied in preference to any laws and other provisions, unless they do expressly extended to A.N.D.A.
Article 76.-certifications of the books and records of A.N.D.A. signed and sealed by the President and endorsed by the Manager technical or financial manager, have the value of authentic documents. (6) article 77.-President, the technical manager, financial manager, legal counsel or who make their times, they checked their status as representatives of ANDA certification or TRANSCRIPTION of their respective appointment or the testimony of the power granted in his FAVOR, if any. (6) article 78.-A.N.D.A., will not free any service; AND THEM CHARGES BY SERVICES RENDERED TO THE STATE, TO ANY OF ITS DIVISIONS POLITICAL AND TO THEM MUNICIPALITIES, WILL BE CONSIDERED AS EXPENSES ORDINARY IN THEM RESPECTIVE BUDGETS AND MUST BE PAID OF ASSIGNMENTS MADE FOR SUCH PURPOSES, EXCEPT IN THE CASES OF CALAMITY 22 PUBLIC AND FOR THE IRRIGATION OF GARDENS, PARKS AND CEMETERIES MANAGED BY THEM MUNICIPALITIES AND THE SERVICE OF HYDRANTS , ALL WITHIN THE LIMITS PERMITTED BY THE AVAILABLE WATER RESOURCES.
TAPS PUBLIC, WHICH WILL BE PAID BY THE STATE OR BATTERIES MAY BE INSTALLED.
INSTALLATION AND REMOVAL OF SUCH BATTERIES OR TAPS IT SHALL AT THE REQUEST OF THE MINISTRY OF THE INTERIOR, TO WHO APPOINTED WILL HAVE TO MANAGE THEM. (4) (5) article 79.-contracts A.N.D.A. celebrate, be always established a penal clause that punish failure to comply with the obligations of the relevant contractor.
Article 80.-for the better fulfilment of its purposes, A.N.D.A. can scholarships or commissioning to members of its staff, to make studies or practices of training abroad and any technical branch used by it.
Article 81.-the provisions of this law will never be in violation of sanitary norms dictated by the GENERAL health direction, in terms of the hygienic quality of the drinking water and in terms of the degree of purification to which shall submit the sewage to the proper protection of natural channels and bodies of surface water. (6) Article 82.-in all what has not been provided for by the present law, shall apply the provisions of the common law.
Article 83.-this law will go into effect, eight days after its publication in the official journal.
84.-TRANSITORY article.-without prejudice to the provisions of article 78, the municipalities are exempt debt that ANDA's purposes to December 31, 1967, by the water services provided up to that date by the institution. (5) given in Presidential Palace: San Salvador, to the seventeenth day of the month of October of thousand nine hundred threescore and one.
Mariano Castro Morán.
Francisco Arguello Escolán, Undersecretary of economy, 23 the Office Manager.
July Noltenius, Minister of public works.
Ruy Cesar Miranda Lupone, Minister of the Interior.
Do not. 191 I take No. 193 date 19 October 1961 reforms: (1) D.L. No. 7, on February 1, 1962; D.O. Nº 25, T. 194, FEBRUARY 7, 1962.
(2) D.L. Nº 130, ON AUGUST 17, 1962; D.O. NO. 168, T. 196, 14 SEPTEMBER 1962.
(3) D.L. NO. 342, JULY 3, 1963; D.O. Nº 132, 200 T, JULY 16, 1963.
(4) D.L. NO. 523, 4 OF DECEMBER OF 1967; D.O. NO. 231, T. 217, DECEMBER 15, 1967.
(5) D.L. Nº 161, OCTOBER 24, 1972; D.O. NO. 204, T. 237, 3 NOVEMBER 1972.
(6) D.L. NO. 386, 30 OCTOBER 1975; D.O. NO. 213, T. 249, 17 NOVEMBER 1975.
(7) D.L. Nº 474, 25 MARCH 1976; D.O. NO. 65, T. 251, ON APRIL 2, 1976.
(8) D. Law No. 517, 5 December 1980; D.O. NO. 230, T. 269, 5 DECEMBER 1980.
(9) D.L. Nº 95, 18 AUGUST 2012;
24 D.O. Nº 154, T. 396, 22 AUGUST 2012.
ARRANGEMENTS: LEGAL PROVISIONS EFFECT OF EXEMPTING THE NATIONAL ADMINISTRATION OF AQUEDUCTS AND SEWERS, ANDA, OF THE PAYMENT THAT PERFORMS TRANSACTIONS BY THE COMMERCIAL OPERATIONS UNIT POWER IS REQUIRED.
D.L. No. 119, 30 of August of 2012; D.O. No. 166, T. 396, 07 of September of 2012.
PROVISIONS SPECIAL FOR THE ESTABLISHMENT AND COLLECTION OF THE SERVICE OF WATER DRINKING THAT IS PROVIDES TO THEM MUNICIPALITIES MUNICIPAL. D.L. No. 125, 6 of September of 2012; D.O. No. 169, T. 396, 12 of September of 2012.
REGIME TRANSITIONAL AND EXCEPTIONAL, THAT EMPOWERS TO THE MINISTRY OF HACIENDA, THE EMISSION OF NOTES OF CREDIT OF THE TREASURE PUBLIC, FOR THE PAYMENT OF THE OWE THAT IN CONCEPT OF SERVICES AND SUPPLY OF ENERGY ELECTRIC MUST GO TO THEM ENTITIES DISTRIBUTORS. D.L. No. 156, 4 of October of 2012; D.O. No. 196, T. 397, 19 of October of 2012.
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