Key Benefits:
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
1
DECREE NO 341.-
THE MILITARY CIVIC DIRECTORY OF EL SALVADOR,
in use of the legislative powers conferred on it by Decree No. 1 of 25 January of the current year, published in Official Journal No. 17, Volume 190 of the same date,
DECREE, SANCTIONS AND PROMULGATION, the following:
LA LAW NATIONAL ADMINISTRATION OF AQUEDUCTS AND CULVERTS
CHAPTER I
Fundamental Provisions
Art. 1. The National Administration of Aqueducts and Sewers is hereby established as the National Administration of Aqueducts and Sewers, which in the text of this Law will be called A.N.D.A., with the character of the Autonomous Institution of Public Service, with legal personality, and with its registered office in the capital of the Republic.
The address of the institution may be changed if the needs require it, having A.N.D.A. the power to establish delegations in regions or municipal districts of the Republic.
Art. 2.-A.N.D.A. shall aim to provide and help to provide the inhabitants of the Republic of "Aqueducts" and "Sewers" through planning, financing, execution, operation, maintenance, administration, and exploitation of the works
for the purposes of this Law, it is understood by Aqueduct the whole or system of sources of supply, works, facilities and services, that they have as object the supply of potable water; such a set or system Includes: the sources of supply, whether they come from surface water or underground; treatment and pumping plants; storage and distribution tanks; pipes with their accessories, valves, hydrants, etc., installed for the conduction and distribution of water; the soil in which they are located located the sources, works, installations and services indicated above; and the necessary easements. And by Sewer, the set or system of works, facilities and services that are intended for the evacuation and final disposal of the wastewater; such a set or system comprises: sanitary sewers with their The invention also includes: the master and discharge collectors; the treatment plants; the soil in which the works are located; the facilities and services indicated above; and the necessary easements.
Art. 3.-THE NATIONAL ADMINISTRATION OF AQUEDUCTS AND SEWERS ARE FACULTIES AND ATTRIBUTIONS: (6)
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
2
(a) ACQUIRE ALL KINDS OF MOVABLE OR IMMOVABLE PROPERTY BY ANY TITLE OR LEGAL MEANS. RETAIN, RETAIN, OPERATE AND MANAGE SUCH GOODS; AND DISPOSE OF THOSE IT DEEMS UNNECESSARY. (6)
(b) ENAJAR IN A WHOLE IN ACCORDANCE WITH THE RELEVANT PROVISIONS OF THE CIVIL CODE, THOSE REAL ESTATE AND ITS ACCESSORIES WHICH BE UNNECESSARY FOR THE PURPOSES OF THIS LAW. (6)
C) ALIENATE THOSE UNNEEDED MOVABLE PROPERTY FOR THE PURPOSES OF THIS LAW, TO ANY OF THE FOLLOWING TITLES: (6)
1.-SELLING THEM TO ANY OFFICIAL INSTITUTION; (6)
2.-SELLING THEM TO THE HIGHEST BIDDER;
3. PERMUSE, PAYMENT OR AS A SUPPLEMENT TO PAYMENT OF THE PRICE OF MOVABLE PROPERTY TO BE ACQUIRED; AND (6)
4.-DONATING THEM TO THE STATE, OR CHARITABLE INSTITUTIONS, OR GOVERNMENT PUBLIC SERVICE. (6)
d) GIVE AND TAKE ON LEASE, COMODATO, OR CARRY OUT ANY OTHER TRANSACTION ON REAL ESTATE OR FURNITURE WITH THE STATE, OR WITH ANY OFFICIAL INSTITUTION OR CORPORATION GOVERNED BY PUBLIC LAW, OR WITH LEGAL OR NATURAL PERSONS, AND TO INVEST THE PROCEEDS OF SUCH OPERATIONS IN THE PURPOSES THAT THIS LAW MARKS. WITHOUT PREJUDICE TO ARTICLE 134 OF THE POLITICAL CONSTITUTION. (6)
AND) TO ACCEPT DONATIONS OR SUBSIDIES FROM THE STATE, OR FROM ANY INSTITUTION OR CORPORATION GOVERNED BY PUBLIC LAW, OR FROM INDIVIDUALS. (6)
F) ACTIONS THAT IT CONSIDERS APPROPRIATE, COMPROMISE AND CONCLUDE JUDICIAL AND EXTRAJUDICIAL ARRANGEMENTS. IT MAY NOT BE SUED FOR DAMAGES AND DAMAGE CAUSED BY THE IMPURITY, IRREGULARITY OR ACTUAL OR ALLEGED FAILURE OF THE WATER PROVIDED BY IT, PROVIDED THAT IT COMES FROM A FORTUITOUS CASE OR FORCE MAJEURE; NOR CAN IT BE SHIPPED OR SOLD IN PUBLIC AUCTION THE ASSETS OF THE INSTITUTION NECESSARY FOR THE PUBLIC SERVICE. (6)
G) CONCLUDE CONTRACTS, FORMALIZE ALL INSTRUMENTS AND CARRY OUT ALL ACTS AND OPERATIONS THAT ARE NECESSARY OR SUITABLE TO CARRY OUT THE POWERS AND POWERS CONFERRED UPON IT BY THIS LAW OR ENTRUSTED TO IT BY SUBSEQUENT LAWS; BUT IN THE CASE OF CONTRACTING OBLIGATIONS GUARANTEED BY THE EXECUTIVE BRANCH, THE AUTHORIZATION OF THE LEGISLATIVE ASSEMBLY SHALL BE OBTAINED IN THE FORM PRESCRIBED IN ARTICLE 47 (16) OF THE POLITICAL CONSTITUTION. (6)
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
3
h) MONITOR ITS PROPERTIES AND ACTIVITIES, INCLUDING THE ONE TO MAKE AND ENFORCE, INTERNAL RULES THAT ARE NECESSARY FOR SUCH PURPOSES. (6)
i) ENTER, AFTER AUTHORIZATION OF THEIR OWNERS OR THEIR OWNERS OR THEIR REPRESENTATIVES, IN BUILDINGS OR BODIES OF WATER, IN ORDER TO MAKE MENSURAS, SURVEYS AND STUDIES. WHEN THE RESPECTIVE AUTHORIZATION IS REQUESTED IN WRITING AND I WILL NOT ANSWER WITHIN THE THIRD DAY ANY OF THE ABOVE MENTIONED PERSONS, THE PERMISSION IS GRANTED; AND IF IT IS DENIED, THE MINISTRY OF THE INTERIOR WILL BE HELD WITH THE RELEVANT JUSTIFICATIONS, WHO MAY GRANT THE REQUESTED AUTHORISATION WITHIN THE THIRD DAY, HEARING THE PERSON CONCERNED IN ADVANCE. IF THERE IS ANY DAMAGE, THE INSTITUTION SHALL PAY THE APPROPRIATE COMPENSATION. (6)
J) PREPARE OR PREPARE STUDIES, PLANS, DESIGNS AND BUDGETS FOR THE CONSTRUCTION, RECONSTRUCTION, EXPANSION, IMPROVEMENT, EXTENSION AND REPAIR OF ANY WORK NECESSARY FOR THE REALIZATION OF THE PURPOSES THAT THIS LAW ENTRUSTS OR TO BE ENTRUSTED TO IT BY SUBSEQUENT LAWS, AND TO MODIFY OR MAKE TO MODIFY, WHEN APPROPRIATE, SUCH PLANS, DESIGNS AND BUDGETS. (6)
k) ACQUIRE, USE AND TREAT SURFACE AND GROUND WATER AND DISPOSE OF THEM FOR THE PROVISION OF POPULATIONS AND RURAL AREAS. (6)
L) BUILD AND REBUILD, THROUGH CONTRACT, UPON INVITATION TO TENDER OR UNDER THE DIRECTION OF THEIR OWN OFFICIALS, AGENTS OR EMPLOYEES, OR THROUGH OR THROUGH THE USE OR MEDIATION OF THEM, ALL KINDS OF WORKS AND INSTALLATIONS RELATED TO: (6)
1.-THE STUDY, RESEARCH, DELIVERY, COLLECTION, TREATMENT, DRIVING, STORAGE AND DISTRIBUTION OF DRINKING WATER; (6)
2.-THE STUDY, RESEARCH, EVACUATION, TREATMENT AND FINAL DISPOSAL OF WASTE WATER; AND (6)
3.-THE IMPROVEMENT, EXTENSION AND MAINTENANCE OF EXISTING FACILITIES OR SERVICES RELATED TO THE TWO PREVIOUS NUMERALS, WHICH ARE UNDER THEIR JURISDICTION. (6)
M) TO ESTABLISH INDUSTRIES THAT AIM TO EXTRACT OR PRODUCE THE RAW MATERIAL OR THE MATERIALS MADE NECESSARY FOR THEIR SERVICES, FOR NON-PROFIT PURPOSES. (6)
N) OBTAIN DIRECT LOANS, ISSUE AND PLACE BONDS ON THE MARKETS INTERNAL AND EXTERNAL AND CONTRACT OTHER OBLIGATIONS, ACTING IN ALL THESE CASES WITH THE PRIOR APPROVAL OF THE EXECUTIVE BRANCH IN THE BRANCH OF
___________________________________________________________________ LEGISLATIVE INDEX
ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________
4
ECONOMY, AND USE THE FUNDS THUS OBTAINED IN THE REALIZATION OF ITS PURPOSES, ACCORDING TO ITS BUDGETS AND UNDER THE LAW. (6)
THE INSTITUTION MAY NOT MORTGAGE, IGNORE OR OTHERWISE TAX ITS INCOME, INCOME, FACILITIES AND OTHER ASSETS, EXCEPT IN THE FOLLOWING CASES: (8)
(a) MORTGAGE CHARGES OR PRENDATARIES WHICH CONSTITUTE ON A ROOT OR MOVABLE PROPERTY AT THE TIME OF THEIR PURCHASE, FOR TO ENSURE PAYMENT OF THE PRICE OF THE SAME; AND (8)
(B) CHARGES THAT ARE IN FAVOUR OF THE STATE, THE MUNICIPALITY OR THE OFFICIAL AUTONOMOUS INSTITUTIONS, FOR THE ACHIEVEMENT OF THEIR PURPOSES. (6) (8)
OR) MAKE THE OPERATIONS REFERRED TO IN THE PRECEDING LITERAL IN ORDER TO CONSOLIDATE, CONVERT OR REFINANCE THEIR OBLIGATIONS, SUBJECT TO THE REQUIREMENTS THAT THE SAME LITERAL ESTABLISHES. (6)
p) SUBJECT TO THE APPROVAL OF THE EXECUTIVE BRANCH IN THE ECONOMY, REASONABLE FEES FOR THE USE OF THE FACILITIES OF THE INSTITUTION, OR FOR THE SERVICES OF POTABLE WATER, SEWERAGE OR OTHER GOODS OR SERVICES SOLD, PROVIDED OR SUPPLIED BY IT AND CHARGE ACCORDING TO THE SAME, WHICH SHALL BE APPLIED IN THE PERCENTAGE AND IN THE FORM THAT THE GOVERNING BOARD DETERMINES. (6) (7)
THOSE TARIFFS MUST BE DETERMINED, AT THE SAME TIME AS WITH A SELF-FINANCING BUSINESS CRITERION, WITH A SOCIAL PUBLIC SERVICE CRITERION; AND MUST BE SUFFICIENT TO COVER AND PROVIDE WITH A SAFETY MARGIN: (6)
1. EXPENDITURE INCURRED BY THE INSTITUTION IN THE OPERATION, MAINTENANCE, ADMINISTRATION, IMPROVEMENT, DEVELOPMENT AND EXPANSION OF ITS FACILITIES AND PROPERTIES; AND (6)
2.-THE PAYMENT OF CAPITAL, INTEREST AND OTHER CHARGES ON ITS BONDS AND OTHER OBLIGATIONS, A PURPOSE OF REMAINING IN THE CAPACITY TO COMPLY WITH THE TERMS OF THE CONVENTIONS CONCLUDED WITH THEIR CREDITORS. (6)
NO AUTHORITY MAY FURTHER TAX THE SERVICES OR WORKS NECESSARY TO OBTAIN THEM WHEN THEY ARE UNDER THE JURISDICTION OF ANDA. (6)
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
5
q) PARTICIPATE IN MIXED ECONOMY SOCIETIES THAT PURSUE THE SAME OBJECT OF THE INSTITUTION; AND (5) (6)
r) FORMULATE AND SUBMIT TO THE EXECUTIVE BRANCH FOR APPROVAL, THE REGULATION
OF THIS LAW AND THE OTHERS THAT ARE NECESSARY, AS WELL AS ITS REFORMS. (6)
CHAPTER II HERITAGE
Art. 4.-A.N.D.A. will have the following resources:
a) THE FUNDS OBTAINED FROM THE GRANTS THAT THE STATE GRANTS TO IT ANNUALLY, NOT LESS THAN THREE MILLION FIVE HUNDRED THOUSAND COLONES (¢ 3,500,000.00), FOR A PERIOD OF FOUR YEARS TO BEGIN FROM THE FISCAL YEAR 1962. THIS CONTRIBUTION MAY COMPRISE MOVABLE PROPERTY WHICH IS USEFUL FOR THE FULFILMENT OF ITS PURPOSES. (1)
b) The subsequent capital allocations granted to the State by the State;
c) The subsidies that the State assigns to it for specific activities or works within the purposes of this Law;
d) The Aqueduct and Sewers, property and rights owned and operated or controlled by the State and the Municipalities, which are used or useful primarily for the provision or disposal of waters, after they are legally transferred to them;
e) other movable and immovable property than any title acquired by the State, by the Municipalities, by entities
f) The profits and income that it receives from the operation of the Aqueducts and Sewers, the provision of other services, or the use of its properties, up to its remaining assets, after covering commitments for loans received, operating expenses and non-equity reserves;
g) Credit receivables issued in their favour; and
h) Other income or acquisitions than in some form increase their capital;
Art. 5.-The capital contributions referred to in Article (b) of the preceding Article for the benefit of A.N.D.A. shall be entered by means of certificates or securities equivalent to the capital provided by the State.
Such certificates or certificates shall be issued by A.N.D.A. in the manner determined by the Ministry of Finance, in agreement with the Court of Auditors of the Republic and will be handed over to the General Directorate of Treasury against the delivery of State contributions, either in money or in other goods, as such contributions are made, prior to the valuation of the latter.
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
6
The resources that the State provides for specific purposes are excluded from the foregoing and whose works are not are owned by A.N.D.A., for having acted as a builder agent.
CHAPTER III ORGANIZATION, ADDRESS AND ADMINISTRATION
Art. 6. THE POWERS AND POWERS CONFERRED UPON THE INSTITUTION BY THIS LAW, AS WELL AS THE GENERAL POLICY OF THE INSTITUTION, SHALL BE EXERCISED AND DETERMINED BY A GOVERNING BOARD COMPOSED OF A PRESIDENT, FIVE OWNERS AND FIVE DEPUTY DIRECTORS. THE PRESIDENT SHALL HAVE AN ALTERNATE. THOSE OFFICIALS SHALL BE APPOINTED IN THE FOLLOWING MANNER:
(a) THE PRESIDENT AND HIS ALTERNATE, BY THE PRESIDENT OF THE REPUBLIC;
(b) FOUR OWNERS AND THEIR RESPECTIVE DEPUTIES: BY THE EXECUTIVE BODY IN THE PUBLIC WORKS CLASSES, TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT, GOVERNANCE, HEALTH AND NATIONAL PLANNING AND ECONOMIC COORDINATION COUNCIL;
c) A OWNER AND HIS ALTERNATE, REPRESENTATIVE OF THE NON-GOVERNMENTAL SECTOR, ELECTED AND APPOINTED BY THE PRESIDENT OF THE REPUBLIC OF A LIST OF CANDIDATES OF THE ASSOCIATIONS OF THE PRIVATE ENTERPRISE WITH LEGAL PERSONALITY, NON-GOVERNMENTAL ORGANIZATIONS WITH LEGAL PERSONALITY RELATED TO WATER ISSUES, UNIONS OF THE INSTITUTION AND UNIVERSITIES ACCREDITED BY THE MINISTRY OF LABOR AND SOCIAL SECURITY AND EDUCATION, RESPECTIVELY.
THE ENTITIES MENTIONED IN (c), WHICH WISH TO INCLUDE CANDIDATES IN THE LIST, MUST SELECT THEM ACCORDING TO THEIR INTERNAL ORDER.
THE PROCEDURES REFERRED TO IN RESPECT OF SUCH APPOINTMENTS SHALL BE REGULATED REGULATIVELY. (3) (5) (9)
Art. 7.-REPEALED (3)
Art. 8. -REPEALED (3)
Art. 9. The alternate president shall attend the sessions of the Governing Board with a voice but without a vote and shall replace the President with all his rights in the event of his absence or temporary impediment. If the two are unable to attend the sessions, the Governing Board shall appoint among its members to whom the session shall preside.
SECOND REPEALED (5)
In case of vacancy of any of the above charges, it shall be made new designation, by whom
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________
7
corresponds, to terminate the period started.
Art. 10.-The Governing Board shall be held in an ordinary session once a week, and extraordinarily, when the interests or obligations of the institution so require.
The President, or whoever replaces it legally, shall convene and preside over the sessions.
Art. 11. FOR THE QUORUM TO BE HELD AT THE MEETINGS OF THE GOVERNING BOARD, THE PRESIDENT, OR WHOEVER IS LEGALLY SUBSTITUTED, AND THE THREE DIRECTORS SHALL BE REQUIRED TO ATTEND, PROVIDED THAT THEY ARE NOT FOR THE SAME CLASS; THE RESOLUTIONS SHALL BE TAKEN BY THE MAJORITY OF ASSISTANTS ENTITLED TO DECISION-MAKING. IN THE EVENT OF A TIE, THE PRESIDENT WILL HAVE A DOUBLE VOTE.
THE ASSISTANT DIRECTORS MUST ATTEND THE SESSIONS TOGETHER WITH THE OWNERS, BUT IN THE PRESENCE OF THE RESPECTIVE HOLDER THEY WILL HAVE AN ILLUSTRATIVE VOTE BUT NO DECISION. IN THE ABSENCE OF THE OWNER, THE VOTE OF THE RESPECTIVE DEPUTY SHALL BE DECISION-MAKING.
DIRECTORS WILL EARN PER-SESSION PER-SESSION PER SESSION TO WHICH THEY ATTEND AND THE AMOUNT OF THEM WILL BE EQUAL FOR OWNERS AND ATTACHMENTS. (5)
Art. 12.-The President of the Governing Board, or who does his or her times, will have the judicial and extrajudicial representation of the A.N.D.A.
TO BE PRESIDENT OR DIRECTOR OF THE INSTITUTION IS REQUIRED:
1) BE SALVADORAN;
2) 30 YEARS;
3) OF GOOD REPUTE AND INSTRUCTION. (3)
THE PRESIDENT AND THE DIRECTORS OF THE INSTITUTION WILL LAST FOR TWO YEARS, AND MAY BE RE-ELECTED. (3)
Art. 13.-THE ADMINISTRATION OF THE BUSINESSES OF THE INSTITUTION WILL BE IN CHARGE OF THE PRESIDENT OF ANDA, WHO FOR THE BEST DEVELOPMENT OF HIS FUNCTIONS, WILL HAVE THE COLLABORATION OF A TECHNICAL MANAGER AND A FINANCIAL MANAGER, APPOINTED BY HIM, THEY SHALL BE IN FULL TIME INCOMPATIBLE WITH ANY OTHER REMUNERATED AND WITH THE EXERCISE OF THEIR PROFESSION, EXCEPT WITH THE TEACHING.
TO BE TECHNICAL MANAGER REQUIRES:
BE CIVIL ENGINEER OR HEALTH ENGINEER, IN THE LEGAL EXERCISE OF THE PROFESSION DURING THE TWO YEARS PRIOR TO YOUR APPOINTMENT.
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
8
TO BE FINANCIAL MANAGER REQUIRED:
BE ECONOMIST OR BUSINESS ADMINISTRATOR OR RECOGNISED COMPETENCE IN THE FIELD.
IN BOTH CASES, THE PERSON SELECTED TO FILL THE POSITION MUST BE SALVADORAN, OVER THIRTY YEARS OF AGE, WITH FIVE YEARS OF EXPERIENCE IN THEIR RESPECTIVE FIELDS AND OF RECOGNIZED COMPETENCE AND GOOD REPUTE.
THE TECHNICAL MANAGER, THE FINANCIAL MANAGER AND THE LEGAL ADVISER, WILL ATTEND THE SESSIONS OF THE GOVERNING BOARD WITH A VOICE BUT WITHOUT A VOTE; WITH THE AUTHORIZATION OF THE PRESIDENT, THEY WILL REPRESENT THE INSTITUTION JOINTLY OR SEPARATELY IN ALL THE ACTS AND CONTRACTS I CELEBRATED, ACCORDING TO THE INSTRUCTIONS OF THE GOVERNING BOARD. (3) (5) (6)
Art. 14. -CORRESPONDS TO THE PRESIDENT OF THE BOARD OF GOVERNMENT OF ANDA, TO APPOINT THE OFFICIALS, EMPLOYEES, REPRESENTATIVES AND AGENTS, WITHIN AND OUTSIDE THE COUNTRY, DETERMINING THEM, THE FACULTIES AND DUTIES INHERENT IN THEIR POSITIONS; AND TO HIRE CONSULTANTS, SUPERINTENDENTS, ADMINISTRATORS, LAWYERS AND OTHER EXPERTS, WHETHER NATURAL OR LEGAL PERSONS, NECESSARY TO FULFIL THE PURPOSES OF THE INSTITUTION. (6)
Art. 15. The selection and appointment of A.N.D.A. officials and employees; and promotions and promotions thereof, shall be made solely and exclusively in persons of moral integrity, capacity, merit and efficiency.
Art. 16.-MAY NOT BE MEMBERS OF THE GOVERNING BOARD OR OFFICIALS OF THE INSTITUTION: (3)
(a) MINORS OF TWENTY-FIVE YEARS OF AGE; (3)
(b) Foreigners;
(c) Those who are creditors, debtors or contractors of the institution. Institution;
d) Those who own, shareholders, partners, directors, officers or employees of any company pursuing the same purposes of A.N.D.A.;
e) Relatives within the fourth degree of consanguinity or second of legitimate affinity with each other; and
f) Those who have been convicted in executed sentence for crimes common in the five years prior to your choice or appointment.
Art. 17.-THE REMUNERATION OF THE MEMBERS OF THE GOVERNING BOARD, TECHNICAL MANAGER AND FINANCIAL MANAGER AND OF THE STAFF OF OFFICIALS AND EMPLOYEES, MUST
___________________________________________________________________ INDEX LEGISLATIVE
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
9
ESTABLISH ITSELF IN AN APPROPRIATE MANNER TO THE IMPORTANCE OF ITS TASKS. (3) (6)
IN NO CASE MAY REMUNERATION BE ESTABLISHED THAT RELATES TO THE PROFITS OF THE INSTITUTION. (3)
Art. 18.-A.N.D.A. shall be governed by a special system of salaries that shall be presented as an annex to its Special Budget and which shall be established in accordance with the following rules:
(a) THE REMUNERATION OF THE CHAIRMAN OF THE GOVERNING BOARD AND GERENT TECHNICAL AND FINANCIAL MANAGER, SHALL BE FIXED IN THE RESPECTIVE SPECIAL SYSTEM OF SALARIES. THE REMUNERATION OF THE OTHER DIRECTORS OF THE GOVERNING BOARD SHALL BE INDICATED ON THE BASIS OF DAILY ALLOWANCE FOR EACH SESSION TO BE ATTENDED; (3)(6)
b) REMUNERATION OF STAFF OF OFFICIALS SHALL BE DETERMINED BY
CONTRACT; (3)
(c) The remuneration of the permanent staff of employees shall be determined in accordance with the categories of salaries referred to in the same Annex;
d) The remuneration of the technical staff, the staff of temporary and temporary staff workers in general, will be established by individual recruitment in accordance with labour laws; and
e) The remuneration of the agents of A. N. D. A may be on the basis of a commission, without prejudice to the provisions of paragraph 2 of Art. 17.
Art. 19.- THE PRESIDENT OF THE BOARD OF GOVERNMENT will establish internal rules regarding work schedules, extraordinary work, permits, licenses, take-up, vacation, water, and other social benefits in favor of the staff, acting according to principles of equity and according to the labour laws applicable to private enterprise and will set the rules for the appointment and promotion of personnel. (6)
Art. 20.-Bond issues will be agreed by the Governing Board, who will have broad powers to specify the terms and conditions of the bonds, which are customary in the internal and external markets in which the issue is proposed;
Central Reserve Bank of El Salvador will be the Fiscal Agent in all the bond issues of the A.N.D.A. and will be able to carry out with them operations of open market, in accordance with its Law and Statutes.
Art. 21. The issuance of bonds and bonds contracted by A.N.D.A., guaranteed by the Executive Branch and authorized by the Legislative Assembly, shall be paid in preference to the assets of the institution and subsidiary to those of the State.
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
10
Art. 22.-IN THE CONTRACTS WHICH A.N.D.A. CÉLÈBRE FOR CARRYING OUT WORKS OR ACQUIRING MOVABLE OR IMMOVABLE PROPERTY, THE GENERAL MANAGEMENT OF THE BUDGET, THE GENERAL SUPPLIER OF THE REPUBLIC, AND THE SPECIFIC SUPPLY OF PUBLIC WORKS SHALL NOT BE INVOLVED; THE INSTITUTION SUBJECT TO THE PROVISIONS OF THE LAW ON SUPPLIES, NOR TO THE LAW OF SUPPLIES FOR THE FIELD OF PUBLIC WORKS. THE GOVERNING BOARD WILL HAVE TO ISSUE A SUPPLY REGULATION WITHIN THIRTY DAYS, WHICH SHOULD BE PUBLISHED IN THE OFFICIAL JOURNAL.
SUCH WORKS OR SUPPLIES SHALL BE SUBJECT TO PUBLIC TENDER WHEN THE VALUE OF THE WORKS OR SUPPLIES EXCEEDS TWENTY-FIVE THOUSAND COLONES, EXCEPT IN THE CASE OF EMERGENCY OR EMERGENCY CASES, IN THE JUDGMENT OF THE GOVERNING BOARD. (5)
CHAPTER IV Properties Transfer
Art. 23.-By virtue of this Law, a tradition is made of the domain in favor of A.N.D.A.:
a) Real estate and furniture belonging to the State and managed by the General Directorate of Water Works, under the Ministry of Works Public, created by Legislative Decree No. 102, dated December 23, 1950, published in Official Journal No. 281, Volume 149, of the same date;
b) Aqueducts and Sewers, including rights, easements and useful goods to such services that are owned by the State, the Municipalities, or autonomous institutions.
c) IT ALSO PASSED IN FAVOR OF THE NATIONAL ADMINISTRATION OF AQUEDUCTS AND SEWERS (ANDA), THE DOMAIN OF ALL THE REAL ESTATE REGISTERED IN THE RECORDS OF THE ROOT PROPERTY OF THE REPUBLIC IN FAVOR OF THE DEPARTMENTAL PROMOTION BOARDS, BOARDS OF WATER AND OTHER AUTONOMOUS INSTITUTIONS REMOVED IN ARTICLE 4 OF THE LEGISLATIVE DECREE OF 29 APRIL 1939, PUBLISHED IN THE OFFICIAL JOURNAL OF 9 MAY OF THE SAME YEAR, LIMITING THE TRANSFER OF SUCH GOODS TO THE GOODS FOR WHICH THEY WERE INTENDED IMMEDIATELY AND DIRECTLY TO THE FULFILLMENT OF ITS AIMS.
THE REGISTRATORS OF THE ROOT PROPERTY OF THE REPUBLIC SHALL CARRY OUT THE TRANSFER OF THE BUILDINGS REFERRED TO IN THE PREVIOUS LITERALS, FREE OF RIGHTS. (2)
Art. 24. For the purposes of the preceding Article, all maps, plans, projects, designs, books of records and records shall be transferred; data relating to the construction, extension, improvement or conservation of such systems; and equipment, the files used in the administration, preservation and operation of the same.
Art. 25.-The Municipalities and other government corporations will deliver material to A.N.D.A. of the Aqueducts and Sewers under his administration or domain, without retribution or
___________________________________________________________________ LEGISLATIVE INDEX
ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________
11
compensation from A.N.D.A., on the understanding that these systems will continue to serve the community.
Art. 26.-The material supply of the goods referred to in Article 23 shall be requested by A.N.D.A. in writing to the official or officials or bodies under whose administration the goods are being administered, as their possibilities permit; such deliveries shall be made by inventory and by the date fixed by the Governing Board.
Art. 27.-The descriptions of the goods that appear in the resolutions of the Governing Board, fixing the dates on which the deliveries that are provided by this Law will be carried out, will identify the property to be transferred.
Art. 28.-Officials or bodies under whose administration the goods described in the resolutions of the Governing Board are concerned shall be obliged to deliver them to A.N.D.A. on the dates it determines.
Art. 29.-A.N.D.A. shall assume, from the dates on which the aforementioned material deliveries are effective, the rights and obligations of any nature that they force on the acquired goods.
CHAPTER V Budgets and Surrender Accounts.
Art. 30.-A.N.D.A. shall be subject to a Special Budget, which shall be prepared, voted, executed and on which it shall be accountable, in accordance with the following provisions:
(a) THE FIRST TAX EXERCISE WHICH BEGAN ON 1 JANUARY 1962 SHALL BE TWO YEARS AND THE FOLLOWING OF ONE YEAR EACH, WHICH SHALL BE COUNTED FROM JANUARY 1 ONWARDS, WITHOUT PREJUDICE TO ANNUAL ACCOUNTS IN RESPECT OF THE FIRST BUDGET IN ACCORDANCE WITH THE LAWS IN FORCE; (3)
(b) IN THE THIRD QUARTER OF THE SECOND YEAR OF THE FIRST FISCAL YEAR, THE GOVERNING BOARD WILL PREPARE THE SPECIAL BUDGET THAT WILL GOVERN THE TRANSACTIONS DURING THE FOLLOWING FISCAL YEAR. THE PREPARATION OF THE FOLLOWING SPECIAL BUDGETS WILL BE MADE IN THE SECOND QUARTER OF THE PREVIOUS BUDGET. (3)
c) The Special Budget shall contain in the revenue part:
1) The estimate of the initial surplus or financial deficit;
2) The estimate of income and income arising from the operation of its Aqueducts and Culverts, the provision of other services and the sale of products; as well as the use of their facilities and other properties;
3) An automatic extension line intended to give input to the product of
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
12
the short-term loans that the Institution contracts to cover deficiencies temporary in their income, with short-term loans being understood as those that are not longer than one year, whether the deadline is met within the same Fiscal Year or the next;
4) An automatic extension item intended to give input to the resources that the State assigns to A.N.D.A. for works or activities specific; and
5) Any other resource than the A.N.D.A. eventually may have;
d) The Special Budget will contain in the following part:
1) Items that authorize expenditure for: study, research and planning; administration; operation and maintenance; conservation of resources; and miscellaneous activities;
2) A departure that authorizes investments in the acquisition, construction, additions, extensions and improvements of real estate and furniture and of works and installations related to compliance with this Law;
3) A departure for the amount sufficient to pay for the payment of capital redemptions or the redemption and interest of bonds, loans and other obligations legally incurred by the Institution, including charges for opening credit, fees for the sale of bonds, printing, writing and lithography of bonds, service of tax agency and other expenses of the same kind;
4) A departure for the amortization and cancellation of short-term loans, extensible automatically in relation to the amount of loans entered in accordance with the number (3) of the literal (c) of this Article; and
5) A consignment that authorizes the necessary relocations for specific works or activities that the Government entrusts to A.N.D.A. and for whose effect it has endowed with the necessary resources, automatically extensible in the amounts included in the General Budget Law; and
e) The preliminary draft Special Budget will accompany the states, details and justifications that complement it.
Art. 31.-The preliminary draft of the Special Budget must be approved by the Governing Board, according to the provisions of Art. 11 of this Law.
ONCE THE PRELIMINARY DRAFT OF THE SECOND SPECIAL BUDGET HAS BEEN APPROVED, IT SHALL BE SUBMITTED FOR CONSIDERATION. MINISTRY OF PUBLIC WORKS, NO LATER THAN 30 SEPTEMBER OF THE SECOND YEAR OF VALIDITY OF THE FIRST FISCAL YEAR; AND WITH RESPECT TO
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
13
SPECIAL BUDGETS AFTER THE SECOND FISCAL YEAR, SUCH PRESENTATION WILL BE MADE, TO MORE ON 30 JUNE OF THE FISCAL YEAR THAT WILL BE IN EFFECT, ALL IN ORDER FOR THE EXECUTIVE BRANCH THROUGH THE MINISTRY OF FINANCE TO SUBMIT IT TO THE APPROVAL OF THE LEGISLATIVE BRANCH. IN THE CASE OF ARREARS IN THE APPROVAL OF THE BUDGET, THE FORMER WILL REMAIN IN FORCE UNTIL A NEW ONE IS ENACTED. (3)
Art. 32.-Once the Budget has been enacted, it must be executed in accordance with its nature of the competition budget and the corresponding authorizations of the Governing Board.
For all expenditure A.N.D.A. will be exclusively governed by its Budgets, without intervention from the General Budget Directorate.
Art. 33.-Credit transfers between items of a Special Budget shall be agreed by the Governing Board in accordance with the provisions of Art. 11 of this Law; and in order to have effect they shall be approved by the Executive Branch in the Economy Industry.
Art. 34.-The investment of the resources that A.N.D.A. obtains through long-term credit operations will be governed by an Extraordinary Budget; and the surpluses that will be thrown into the settlements of the Extraordinary Budgets will be applied to the Special Budget in force at the time of settlement.
Art. 35.-All funds of the institution must be deposited with the Central Reserve Bank of El Salvador or other banking institutions which, in the opinion of the Governing Board, deserve confidence; except for an amount to be fixed in the (a) the respective budgets and which may be held in cash, to deal with amounts that do not exceed the limit set.
Only the officials or employees appointed by the Governing Board may withdraw funds from the banks. and to make payments which the same Government Board authorizes in a general or special manner the provisions of this Law, as well as for the acquisition of bonds or other securities issued or guaranteed by the Government.
Art. 36. -ANDA SHALL REPORT ANNUALLY ON ITS ACTIVITIES AND WITH SUCH PURPOSE, SUBMIT TO THE EXECUTIVE BRANCH IN THE CLASSES OF PUBLIC WORKS AND FINANCE, WITHIN THE FIRST QUARTER OF THE YEAR FOLLOWING THE CLOSURE OF A SPECIAL BUDGET, THE SETTLEMENT ACCOUNT OF THE BUDGET, BALANCE SHEET, PROFIT AND LOSS STATEMENT, PROFIT APPLICATION, AUDIT REPORT, AND WORK MEMORY FOR THE PRECEDING ADMINISTRATIVE YEAR; ALL AT 31 DECEMBER OF THE PRECEDING YEAR. (3)
The Executive Branch in the Public Works Ramo will have to include in its annual report to the Assembly Legislative, sufficient information to know the management developed by A.N.D.A.; who in turn, within the shortest possible time, will publish the text of its memory and documents annexes.
CHAPTER VI AUDIT AND AUDIT
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
14
Art. 37. -ANDA SHALL BE SUBJECT TO THE INSPECTION AND SURVEILLANCE OF AN AUDITOR OR AUDITORS, APPOINTED BY THE CENTRAL BANK OF RESERVE OF EL SALVADOR, AS A FISCAL AGENT, ACCORDING TO THE GOVERNING BOARD.
THE AUDITOR MUST BE A CERTIFIED PUBLIC ACCOUNTANT OF RECOGNIZED GOOD REPUTE AND GOOD COMPETITION. (3)
Art. 38.-The Auditor shall: (a) to view the budget clearance account and the other documents relating to the financial management of the institution, which must be submitted to the Governing Board or the higher authorities; b) to submit annually to the Governing Board a report on the financial statement and the manner in which the operations of the institution have been conducted, including any comments or suggestions which may be appropriate to improve it; and (c) to carry out the other powers of the regulations and provisions of the Governing Board correspond to it.
Art. 39. -ANDA WILL ALSO BE SUBJECT TO THE AUDIT OF THE COURT OF AUDITORS OF THE REPUBLIC, TO WHOM IT WILL BE SUPPORTED BY THE RESPECTIVE VOUCHERS. THE AUDIT SHALL BE CARRIED OUT IN A MANNER APPROPRIATE TO THE NATURE AND PURPOSE OF THE INSTITUTION, IN ACCORDANCE WITH THE SPECIAL ARRANGEMENTS SET OUT BELOW: (3)
a) For the purposes of this audit the Court of Auditors shall appoint a Delegate Permanent, who in the exercise of their duties will work during a full hearing and in the institution's own offices;
b) The Permanent Delegate will have the following powers:
1) Review the accounting of A.N.D.A., according to accepted auditing standards;
2) Perform the tonnage and checks you estimate appropriate, examine the different balances and states and verify them with the books, documents and stock; and
3) Ensure that the operations of the Institution are done in accordance with the law and regulations; and that the expenses are adjust to the forecasts of the budgets.
The delegate will not have the power to object or to resolve based on estimates of the convenience, or inconvenience of the operations or services that A.N.D.A. performs in the achievement of its purposes;
c) When in the exercise of its privileges the delegate will notice any irregularity or infraction, must inform the President of A.N.D.A. in writing within 48 hours, about the facts and circumstances of the case; as well as to indicate a reasonable period for the irregularity or infraction in question to be remedied.
If at the Board of Government's judgment there will be no irregularity or infraction in the act
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________
15
observed by the Delegate, will let you know in writing and within the time limit that this stated, stating the relevant reasons and explanations.
If the Delegate is not satisfied with the reasons and explanations received, or does not obtain an answer, it will raise the case to the President of the Court of Auditors, who after hearing the Governing Board shall decide what it deems to be;
d) When the Governing Board he considers it appropriate, he may submit any act, operation or erogation that he intends to carry out for the prior approval of the Permanent Delegate; and if he has objections to do and that he will not abide by them, the case will be submitted to the decision of the President of the Court of Auditors;
e) WHEN THE BOARD OF GOVERNMENT WILL NOT CONFORM TO A RESOLUTION OF THE PRESIDENT OF THE COURT OF AUDITORS ISSUED IN THE CASES REFERRED TO IN THE PREVIOUS LITERAL, IT MAY RAISE THE CASE TO CONSIDERATION OF THE POWER EXECUTIVE FOR ITS RESOLUTION IN THE COUNCIL OF MINISTERS, IN ACCORDANCE WITH ARTICLE 129 OF THE POLITICAL CONSTITUTION . (3)
F) REPEALED (3)
IN EVERYTHING NOT PROVIDED FOR IN THIS ARTICLE, THE PROVISIONS OF THE ORGANIC LAW OF THE COURT OF AUDITORS SHALL APPLY. (3)
CHAPTER VII OF EASEMENTS
Art. 40.-When A.N.D.A. requires that a serfdom be constituted in its favor for the attainment of its purposes and cannot acquire it by direct hiring with the owners or holders of the servant, it may do so by means of the procedure of the constitution of servitude established by this Law.
Art. 41.-The competent authority to hear the judgments of the establishment of easements shall be the Judge of First Instance of the Civil of the domicile of the owner of the property that will suffer the lien or the one in whose jurisdiction the property is located.
Art. 42.-For the purposes of establishing easements, the representative of A.N.D.A. shall, before the competent court, apply for the corresponding right describing the property to be taxed, indicating the nature of the easement or easements which it needs, specifying its location or detailing the area of the land in which the serfdom will be constituted, the name of the owner or the owner thereof, the works to be carried out, accompanying plans, descriptions and the conditions and forms of payment. It shall also indicate the names or names of any persons who have registered in their favor in the Root and Mortgage Property Registry, actual or personal rights to be respected, with the indication of their respective addresses.
Yes The names and addresses of their representatives must be expressed by the persons referred to above, if they are known.
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
16
Art. 43.-The Judge shall send the owners or holders and other persons referred to in the foregoing Article, or their legitimate representatives, within a third day; and if they have not been absent or unable to have legal representatives, the Judge appoint before the hearing, without any procedure, a special curator to represent them in the trial.
Art. 44.-The location shall be made by means of a notice which shall be published once in the Official Journal and in one of the most circulation newspapers in the country, and the three days shall be counted from the last date on which the publication appears. The term of the distance will be three days in all cases.
Art. 45.-The three days of the hearing, plus that of the distance, if the defendant has taken place, and whether or not the defendant appears, shall be given the cause for trial for eight unextendable days, within which he shall receive the opinion of two experts whom the The Court of Justice shall appoint, on its own initiative, the need to establish in the premises the right of serfdom applied for, and the amount of the compensation. The other evidence that the parties will have to present will also be received.
Art. 46.-The probative term shall be expired within three days, the Judge shall give final judgment, decree the constitution of the serfdom or declare it without place, and, in the first case, determine the value of the compensation and the form and conditions of payment. For the latter, the rights entered in favor of third parties will be taken into account.
In any case, the compensation will include the value of the land occupied by the easement whatever its nature, as well as the amount of damages which are caused by the construction, custody, preservation and repair of the serfdom and by the other limitations to which the pretax is subject to it.
Art. 47.-The judgment may comprise one or more grounds belonging to one or more owners or holders and shall not admit more than the liability.
Art. 48.-All performances will be performed on simple paper and the notifications and citations will be made by edicts that will be set on the Board of the Court.
Art. 49.-Notified the final judgment that decrees the constitution of the serfdom, the same shall be constituted in favor of A.N.D.A. and the certification of the judgment will serve as title of domain of the right of servitude, which will be entered in the respective Registry.
If the last three days since the notification of the judgment is not allowed to A.N.D.A., as opposed by the owners or holders of the premises, the initiation of the works relevant to the exercise of the royal right of Established easement, the Judge of the cause or a Judge of Peace that he commissions to the effect, will give possession material to the representative of the Institution with only the order of the institution, even if the corresponding inscriptions were not made.
Art. 50.-The title of the constitution of the serfdom, whether it has been granted voluntarily or forcefully, will contain:
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
17
a) Name, profession, and address of the constituent;
b) Description of the subject subject to the easement, indicating its registration in the Root and Mortgage Property Registry, if any; and
c) Description of the belt on which the easement will be exercised according to the topographic plans raised by A.N.D.A.
Art. 51.-The titles of the constitution of the easements to which this Law is contracted shall be entered in favor of A.N.D.A.:
a) Although the prediums are taxed without a registered antecedent, provided that the owners or owners of the have not been disturbed in their possession by means of possesory actions or claims or administrative procedures, during the two years prior to the establishment of the serfdom, circumstance which shall be credited in the respective Register with certifications issued by the Municipal Mayor or Judge of the First Instance of the Civil of Jurisdiction;
b) Although the colindances do not match the antecedents, as long as those have been taken from the topographical drawings raised by A.N.D.A.;
c) Although the licensors are not solvent of the Income and Road taxes, and tax and municipal taxes.
Art. 52. In addition to the request of the A.N.D.A., the titles of the constitution of easements shall be preemptively recorded in the competent Registry. The preventive annotation shall become final if sixty days after verification is not submitted formal opposition by the person or persons who have disturbed or disturbed the possession of the constituents.
Art. 53.-A.N.D.A. may shoot down groves in the parcels on which it will exercise the easement, without the need to fill the requirements of the FORESTRY Law. (6)
Art. 54. The owner of the servant shall not be able to make plantations, constructions or other works, nor perform any work that disturbs or damages the exercise of the easements formed in accordance with this Law.
Art. 55.-The owner of the servant shall be obliged to permit, under the responsibility of A.N.D.A., the entry of the staff of employees and workers of this and that of the indispensable material and transport elements necessary to carry out the construction, review or repair of the works, facilities or lines of pipeline, in the servant's premises.
Art. 56.-The easements referred to in this Law confer on A.N.D.A. the following rights:
a) The occupation of the area of the servant land necessary for the construction of the works of the easement;
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________
18
b) Construction on the area of the land of the easement of the works necessary for the the purpose of the A.N.D.A.;
c) To fence the land that A.N.D.A. shall use for the constitution of the easements; and
d) The discharge of the waters by the existing channels in the servant's premises, provided that the conditions of this allow.
CHAPTER VIII Of Expropriations
Art. 57.-Provided that A.N.D.A. cannot acquire by direct hiring the owners or holders, the land that will be required for the attainment of the ends that have been entrusted to it, may do so by the system of expropriation, by means of the the procedure set out in this Law.
Art. 58.-The competent authority to know in the expropriation trials that the A.N.D.A. promotes shall be the Judge of First Instance of the Civil of the domicile of the owner of the property that will suffer the lien or the one in whose jurisdiction the predio.
Art. 59.-The representative of A.N.D.A. will be presented to the said Court to request the expropriation, making any relation of the real estate or real estate that is needed to be expropriated, as well as the name or names of the owners or holders and of any persons who have registered in their favor real or personal rights that must be respected, with the expression of their respective addresses, and accompany copies of the plans corresponding to the respective premises or premises.
Yes among the persons If you have not been absent or unable to do so, you must express the names and addresses of your representatives, if known.
If the expropriation is for the use of privately owned waters for the purpose of supply, the demand will also be determined, the volume of water that will be needed.
Art. 60.-The Judge shall provide resolution by sending the owners or holders and other persons who express the foregoing Article, or their legitimate representatives, within the third day of hearing.
If there are persons absent or unable to be heard The court shall appoint before the hearing, without any procedure, a special curator for the trial.
The site shall be made by means of a notice to be published only once in the Official Journal and in three of the most circulation newspapers in the Republic, and the three days will be counted from the last of the dates when the publication is made. The term of the distance will be three days in all cases.
Art. 61.-The three days of the siting shall be concluded, the trial shall be opened for eight days without any extension, within which the opinion of two experts shall be received which the Judge shall appoint as a matter of office on the waters and the need to occupy the same, the real estate or real estate in question,
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________
19
and the amount of compensation for each of the same and will be received tests that have the good to present the parts.
Art. 62. Within three days of the end of the term, the final judgment shall be issued for the expropriation or declaration of expropriation without place, and, in the first case, determining the value of the compensation in respect of each land, and the form and conditions of payment. For the latter, the rights entered in favor of third parties will be taken into account.
If the needs of water supply are urgent, according to the evidence in the judgment, the sentence must be agreed that the compensation may not be prior to the delivery of the land necessary for the works to be built by A.N.D.A. or for the use of the waters to be expropriated and in such a case, the delivery of some or other items shall be ordered to be carried out on the following day of notification the judgment of the owner, holder or holder of the grounds or waters; for which the Tribunal shall be the force if it is necessary and if its resolution is not complied with in the shortest possible time, in accordance with the requirements of Article 1261, Pr.
Art. 63.-The judgment may comprise one or more grounds belonging to one or several owners or holders, and shall not admit more recourse than that of liability.
Art. 64.-All performances will be performed on simple paper and the notifications and citations will be made by edicts that will be set on the Board of the Court.
Art. 65.-notified of the final judgment that decrees the expropriation, the property of the goods will be transferred in favor of A.N.D.A. and will be entered as title of domain and possession the certification of that sentence.
As for the rights entered in favor of third parties will be extinguished by effect of the expropriation.
If after three days since the notification of the judgment, no A.N.D.A. has been received for the resignation of the owners, holders or occupants some of the land expropriated, the Judge of the cause or a Judge of Peace that the commission to the effect, will give possession material of the premises to the representative of the institution, with only the order of the institution, even if the corresponding inscriptions were not made.
Art. 66.-Real estate acquired by A.N.D.A. for the purposes of its purposes, whether in contractual or forced form, may be registered in its favor in the corresponding Root and Mortgage Property Records, however, that the owners or holders are not registered or are defective, so that those persons or their predecessors have not been disturbed in their possession, by means of post-custody actions or claims or administrative procedures, during the two years prior to the acquisition of the property.
This last circumstance will be recorded by the Judge or Notary in the respective judgment or deed, with the view of certificates extended in simple paper by the Judges of First Instance and Municipal Mayors of the respective understandings, or will be duly accredited in the Register with the certifications indicated.
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
20
Art. 67.-Both in the contractual acquisition deeds, as in the expropriation statements and in the enrollments of the real estate acquired by A.N.D.A., the descriptions and areas of the same according to the data provided by engineers of that entity, however such descriptions and areas do not match those expressed in the written record.
To do the inscriptions, it shall be dispensed with, where appropriate, the provisions of Art. 696 C.
CHAPTER IX Extentions and Benefits
Art. 68.-A.N.D.A. shall enjoy:
(a) Exemption from all taxes, taxes and tax and municipal taxes, direct and indirect, established or established, which may be placed on their movable or real estate, income or income of any kind, including inheritances, legacies and donations, or on the legal acts, contracts or businesses that it holds, provided that it corresponds to A.N.D.A. making the payment;
b) Franchise for the import of machinery, equipment, materials construction, useful and other elements necessary for the installation and maintenance of their offices, plants, premises and services, either the Institution that owns or co-owns them, the importation of the effects covered by that franchise, shall be carried out subject to the laws in force in the matter and comprises the release of rights and expenses causing the visation of documents required for customs registration;
c) DELETED (3)
A.N.D.A. IT MUST PAY THE VALUE OF THE SERVICES IT RECEIVES FROM THE MUNICIPALITIES AND THE OFFICIAL, AUTONOMOUS OR SEMI-AUTONOMOUS INSTITUTIONS, IF THEY ARE LEGALLY CHARGED. (5)
Art. 69.-The exemption referred to in subparagraph (a) of the previous Article also includes the taxes of the alcabala and the transfer of goods; the taxes of sealed paper, stamps and registration rights.
Art. 70.-A.N.D.A. shall preferably enjoy, for the use or use of any body of waters or other property of national or private property, that are considered necessary for the supply of water or discharge of sanitary sewers on any right which, for the purposes of the same purpose, has or is to be claimed by natural or legal persons, official or semi-official bodies.
Art. 71.-A.N.D.A. may manage to the competent authorities, the suspension or cancellation of any concession, use or use of waters or resources of national or private ownership, deemed necessary for water supply or sanitary sewer discharge.
Art. 72.-A.N.D.A. may use, without payment of compensation, taxes, fees or contributions of any kind, the national goods for public use, acting in compliance with its purposes and in accordance with the laws.
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
21
Art. 73.-The movable and immovable property with its accessories, which the Board of Government deems necessary and suitable to carry out the purposes of the Institution, are declared of public utility and may be expropriated in the form that the Law determines, if they are not obtained in a direct contractual form.
When it is intended to expropriate goods for the purpose of water supply, the compensation may not be prior.
Art. 74.-The bonds issued by A.N.D.A. shall enjoy the following benefits:
(a) The capital, interest and other accessories of the bonds shall be exempt from any kind of tax established or in the future established in El Salvador, tax and municipal taxes, including specifically income taxes, road taxes, Timbres, Successions and Donations;
b) They will be accepted at face value in order to guarantee the payment of customs and consular rights, direct taxes and any other taxes, fees and contributions, whether in favour of the State or of the Municipalities, and shall also be admitted to the pair as a guarantee in any event where, by provision of the Law or the judicial or administrative authorities, the surrender of bail or any other class of caution is required; and
c) The expired interest coupons will be accepted by the government, at face value, for the payment of all taxes, fees and tax contributions.
CHAPTER X General and Transitional Provisions
Art. 75.-A.N.D.A. is considered to be an institution of the State, without prejudice to the autonomy granted to it by this Law. The provisions of this Law will constitute a special regime that will be applied with preference to any laws and other provisions, unless expressly extended to A.N.D.A.
Art. 76.-The certifications of the books and records of A.N.D.A. signed and sealed by the President and endorsed by the TECHNICAL MANAGER OR FINANCIAL MANAGER, have the value of authentic documents. (6)
Art. 77.-THE PRESIDENT, THE TECHNICAL MANAGER, THE FINANCIAL MANAGER, THE LEGAL ADVISER OR THOSE WHO DO THEIR TIMES, WILL CHECK THEIR PERSONERIA AS REPRESENTATIVES OF ANDA WITH THE CERTIFICATION OR TRANSCRIPT OF THEIR RESPECTIVE APPOINTMENT OR WITH THE TESTIMONY OF THE POWER GRANTED IN YOUR FAVOR, IF CASE. (6)
Art. 78.-A.N.D.A., WILL NOT PROVIDE ANY SERVICE FREE OF CHARGE; AND THE CHARGES FOR SERVICES RENDERED TO THE STATE, TO ANY OF ITS POLITICAL DIVISIONS AND TO THE MUNICIPALITIES, SHALL BE CONSIDERED AS ORDINARY EXPENSES IN THE RESPECTIVE BUDGETS AND SHALL BE PAID OF ASSIGNMENTS MADE FOR SUCH PURPOSES, EXCEPT IN CASES OF CALAMITY
___________________________________________________________________ LEGISLATIVE INDEX
ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________
22
PUBLIC AND FOR THE IRRIGATION OF GARDENS, PARKS AND CEMETERIES MANAGED BY THE MUNICIPALITIES THE HYDRANT SERVICE, ALL WITHIN THE LIMITS ALLOWED BY AVAILABLE HYDRAULIC RESOURCES.
BATTERIES OR PUBLIC TAPS CAN BE INSTALLED, WHICH WILL BE COST-BORNE BY THE STATE.
THE INSTALLATION AND DELETION OF THESE BATTERIES OR TAPS WILL BE DONE AT THE REQUEST OF THE MINISTRY OF THE INTERIOR, WHICH WILL BE DESIGNATED BY WHOM. (4) (5)
Art. 79.-In the contracts that A.N.D.A. celebrates, a criminal clause will always be established that will sanction the failure to comply with the obligations of the corresponding contractor.
Art. 80.-For the best performance of its purposes, A.N.D.A. may become or commission members of its staff, to carry out studies or training practices abroad and in any of the technical branches used by it.
Art. 81.-The provisions of this Law will never be in contravention with the health regulations issued by the GENERAL HEALTH DIRECTORATE, in terms of the hygienic quality of the drinking water and the degree of purification to which they must to submit the waste water for the proper protection of the natural channels and the bodies of surface water. (6)
Art. 82.-In all that is not provided for by this Law, the provisions of the common law shall apply.
Art. 83. This Law shall enter into force eight days after its publication in the Official Journal.
Art. 84.-TRANSITIONAL.-WITHOUT PREJUDICE TO ARTICLE 78, THE MUNICIPALITIES SHALL BE EXEMPT FROM THE DEBTS OWED TO THE ANDA BY 31 DECEMBER 1967, FOR THE DRINKING WATER SERVICES PROVIDED UP TO THAT DATE BY THE INSTITUTION. (5)
GIVEN AT THE PRESIDENTIAL HOUSE: San Salvador, at the seventeen days of the month of October of a thousand nine hundred and sixty-one.
Anibal Portillo.
Feliciano Avelar.
Mariano Castro Moran.
Francisco Arguello Escolan, Undersecretary for Economics,
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
23
Encharged to the Dispatch.
Julio Noltenius, Minister of Public Works.
Ruy Cesar Miranda Lupone, Minister of Interior.
D.O. No. 191 Tomo No. 193 Date 19 October 1961
REFORMS:
(1) D.L. Nº 7, FEBRUARY 1, 1962; D.O. NO. 25, T. 194, FEBRUARY 7, 1962.
(2) D.L. Nº 130, AUGUST 17, 1962; D.O. NO. 168, T. 196, SEPTEMBER 14, 1962.
(3) D.L. Nº 342, JULY 3, 1963; D.O. NO. 132, T. 200, JULY 16, 1963.
(4) D.L. Nº 523, DECEMBER 4, 1967; D.O. NO. 231, T. 217, DECEMBER 15, 1967.
(5) D.L. NO. 161, OCTOBER 24, 1972; D.O. NO. 204, T. 237, NOVEMBER 3, 1972.
(6) D.L. Nº 386, OCTOBER 30, 1975; D.O. NO. 213, T. 249, NOVEMBER 17, 1975.
(7) D.L. Nº 474, MARCH 25, 1976; D.O. NO. 65, T. 251, APRIL 2, 1976.
(8) D. Law No. 517, DECEMBER 5, 1980; D.O. NO. 230, T. 269, DECEMBER 5, 1980.
(9) D.L. Nº 95, AUGUST 18, 2012;
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
24
D.O. NO 154, T. 396, AUGUST 22, 2012.
RELATED PROVISIONS:
LEGAL PROVISIONS TO EXONERATE THE NATIONAL ADMINISTRATION OF AQUEDUCTS AND SEWERS, ANDA, OF THE PAYMENT IT MAKES TO THE UNIT OF TRANSACTIONS FOR ALL COMMERCIAL TRANSACTIONS ELECTRICAL POWER THAT IS REQUIRED.
D.L. No. 119, AUGUST 30, 2012; D.O. No. 166, T. 396, SEPTEMBER 07, 2012.
SPECIAL PROVISIONS FOR THE ESTABLISHMENT AND COLLECTION OF THE DRINKING WATER SERVICE PROVIDED BY THE MUNICIPAL GOVERNMENTS. D.L. No. 125, SEPTEMBER 6, 2012; D.O. NO. 169, T. 396, SEPTEMBER 12, 2012.
TRANSITIONAL AND EXCEPTIONAL REGIME, WHICH EMPOWERS THE MINISTRY OF FINANCE, THE ISSUANCE OF CREDIT NOTES FROM THE PUBLIC TREASURY, FOR THE PAYMENT OF THE DEBIT THAT IN THE CONCEPT OF SERVICES AND THE SUPPLY OF ELECTRIC POWER HAS TO THE ENTITIES DISTRIBUIDORAS. D.L. No. 156, OCTOBER 4, 2012; D.O. NO. 196, T. 397, OCTOBER 19, 2012.
MHSC
ngcl ROM 14/11/12 15/02/11
SV 10/09/12
JCH 27/09/12
SV 04/10/12
ROM 14/11/12
___________________________________________________________________ LEGISLATIVE INDEX
