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ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
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DECREE Nº137.-
THE NATIONAL LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
That by decree of the Executive Branch of 3 October 1945, published in the Official Journal of the 8th of the same month and year, reformed by the decree of the same Power of 18 March 1946, published in Official Journal of 25 of the The same month and year, the Executive Hydroelectric Commission of the Lempa River was established, with the object of to do the studies that determine the possibilities and the bases of the development of the Lempa River to perform the national electrification work;
That by virtue of the preparatory work done by the cited Commission, advised by the technicians The United States has made it clear that it is feasible and indispensable to take advantage of the country's water resources, particularly those in the Lempa River basin, to solve the problem of national electrification, declared as public utility by Legislative Decree No. 285 of 26 December 1945;
That national electrification is one of the most urgent problems confronting the country, its correct resolution depends on the nation's industrial development and economic progress;
carrying out the work and in order to bring it into effect is indispensable to organize an entity with a character of public service institution, without end profit, completely autonomous, endowed with wide powers that allow it to fulfill its patriotic mission, on bases similar to those adopted in several countries with excellent results;
FOR TANTO,
in use of its constitutional powers and on the initiative of the Executive Branch.
DECCRETA the following
LEMPA RIVER HYDROELECTRIC EXECUTIVE COMMISSION LAW
Art. 1. This Law is created by the "Executive Hydroelectric Commission of the Lempa River" with a character of an autonomous public service institution, without a profit, which can be called C.E.L.
Art. 2. THE COMMISSION WILL AIM TO DEVELOP, CONSERVE, MANAGE AND USE THE WATER RESOURCES OF EL SALVADOR, PARTICULARLY THOSE OF THE LEMPA RIVER, AND ANY OTHER MEANS OF GENERATING ELECTRICITY.
THE PROVISIONS OF THE FOREGOING PARAGRAPH DO NOT PREJUDICE ANY RIGHTS ALREADY ACQUIRED OR IN THE FUTURE ACQUIRED, WHICH MAY, HOWEVER, BE EXPROPRIATED IN ACCORDANCE WITH THE LAWS. (3)
Art. 3. THE COMMISSION SHALL BE COMPOSED OF EIGHT DESIGNATED DIRECTORS IN THE FOLLOWING FORM: (10)
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(a) A DIRECTOR APPOINTED BY THE EXECUTIVE BODY IN THE INTERIOR BRANCH, WHO WILL EXERCISE THE CARGO OF COMMISSION PRESIDENT;
b) FIVE DIRECTORS APPOINTED BY THE EXECUTIVE BODY IN THE BRANCHES OF ECONOMY, PUBLIC WORKS, AGRICULTURE AND LIVESTOCK, PLANNING AND COORDINATION OF ECONOMIC AND SOCIAL DEVELOPMENT, AND Hacienda; (10)
c) A DIRECTOR ELECTED BY THE AGRICULTURAL PROMOTION BANK; AND, (12) DECLARED UNCONSTITUTIONAL
(d) A DIRECTOR-ELECT BY THE HOLDERS OF NATIONAL CURRENCY BONDS IN CHARGE OF THE COMMISSION, WITH THE EXCEPTION OF THE GOVERNMENT OF THE REPUBLIC, IN A MEETING CONVENED AND CHAIRED BY THE PRESIDENT OF THE COMMISSION. FOR THE PURPOSES OF THIS CHOICE, THE BONDHOLDERS SHALL VOTE IN PROPORTION TO THE NOMINAL VALUE OF THE BONDS THEY HOLD, AT THE RATE OF ONE VOTE FOR EACH HUNDRED COLONES, WITHOUT ANY BONDHOLDERS BEING ENTITLED TO MORE THAN TEN PER CENT (10%) OF THE TOTAL OF BONDS BELONGING TO PERSONS IN ATTENDANCE OR REPRESENTED ON THE BOARD.
THERE WILL BE SEVEN ALTERNATE DIRECTORS APPOINTED IN THE SAME MANNER AS SET OUT IN LITERALS B), C) AND D) PREVIOUS ONES, WHO WILL REPLACE THE RESPECTIVE OWNERS 'DIRECTORS WHEN THEY DO NOT ATTEND THE COMMISSION' S SESSIONS FOR ANY REASON. (10)
THE DIRECTORS WILL LAST FOUR YEARS AND THEIR RENEWAL MUST BE DONE IN A STAGGERED MANNER, BEING RECONFIRMED OR REELECTED, ACCORDING TO THEIR POSITIONS.
WHILE THE SUBSTITUTES ARE NOT APPOINTED, THE DIRECTORS WILL CONTINUE IN THE PERFORMANCE OF THEIR DUTIES, EVEN IF THE PERIOD FOR WHICH THEY WERE APPOINTED OR ELECTED HAS ENDED, AS THE CASE MAY BE.
WHEN A SITTING OWNER OR ACTING ALTERNATE FAILS REPEATEDLY TO THE SESSIONS WITHOUT JUSTIFICATION FOR THE COMMISSION ' S JUDGMENT, THE COMMISSION MAY REQUEST THAT THE COMMISSION BE REVOKED AND A NEW APPOINTMENT OR ELECTION BE MADE.
IN THE CASE OF ABSENCE OR TEMPORARY IMPEDIMENT OF THE PRESIDENT, THE COMMISSION SHALL ASSUME THE POSITION, BY AGREEMENT OF THE COMMISSION, ONE OF THE OWNERS ' DIRECTORS, IN CASE OF VACANCY OR OTHER PERMANENT INABILITY OF THE PRESIDENT, THE COMMISSION MUST REPLACE IT IN ACCORDANCE WITH THE PREVIOUS PROCEDURE, DURING THE PERIOD BEFORE THE NEW APPOINTMENT IS MADE TO CONCLUDE THE RESPECTIVE PERIOD. (1) (7)
Art. 4.-THE DIRECTORS MUST BE SALVADORAN, WITH GOOD REPUTE AND COMPETENCE IN MATTERS RELATED TO THE ACHIEVEMENT OF THE COMMISSION ' S PURPOSES.
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MAY NOT BE DIRECTORS:
a) THE STATE OR STATUS OF THE MEMBERS OF THE STATE THE MEMBERS OF THE BOARDS OF OTHER AUTONOMOUS STATE INSTITUTIONS OR ENTERPRISES;
(b) THE OWNERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS OR EMPLOYEES OF ANY INSTITUTION OR UNDERTAKING PURSUING PURPOSES SIMILAR TO THOSE OF THE COMMISSION;
c) CREDITORS, DEBTORS, CONTRACTORS OR SUB-CONTRACTORS OF THE COMMISSION, AND PARTNERS OF COMPANIES HAVING ONE OF THOSE QUALITIES;
(d) SPOUSES OR RELATIVES WITHIN THE FOURTH DEGREE OF CONSANGUINITY OR SECOND DEGREE OF AFFINITY, TO EACH OTHER OR TO THE PERSONS REFERRED TO IN LITERALS (b) AND (c) OF THIS ARTICLE;
(e) OFFICIALS, EMPLOYEES OR WORKERS AT THE SERVICE OF THE COMMISSION;
(f) CONVICTED OF ANY OFFENCE INVOLVING LACK OF PROBITY; AND,
(g) PERSONS RESPONSIBLE FOR ACTS OR OPERATIONS EVIDENTLY OPPOSED TO THE FINES OF THE COMMISSION.
WHEN SOME OF THE CAUSES REFERRED TO IN THIS ARTICLE ARE EXCEEDED, THE MANAGEMENT OF THE RESPECTIVE DIRECTOR SHALL LAPSE AND HIS REPLACEMENT SHALL BE CARRIED OUT IN THE MANNER PROVIDED FOR IN THIS LAW. (1) (7)
Art. 5.-They are the privileges of the Commission:
a) APPOINT AND REMOVE THE EXECUTIVE DIRECTOR AND THE EMPLOYEES AND OFFICIALS, AND MAY AUTHORIZE THE EXPRESSED DIRECTOR TO PROVIDE ALL APPOINTMENTS THAT THE COMMISSION DOES NOT RESERVE; (1)
b) Encourage and propose the reforms, additions and repeal of the Regulation that marks the rules of their business in general and the powers and duties it needs for the smooth development of this Law;
c) Celebrate contracts and formalize all instruments that are necessary or appropriate in the exercise of their powers;
d) 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, AND TO MODIFY, WHEN IT IS CONVENIENT, SUCH PLANS, DESIGNS AND BUDGETS; (1)
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e) Build or rebuild, by contract, upon tender or at the direction of its own officials, agents and employees, or through or through the intermediary of the same, any work necessary for the realization of the purposes that this Law entrusts, and additions, improvements and extensions to such works;
f) ACQUIRE MOVABLE PROPERTY AND ROOTS BY PURCHASE, PERMUSE, INHERITANCE, LEGACY, DONATION OR ANY OTHER TITLE UNDER THE LAWS, AND RETAIN, RETAIN AND EXPLOIT THOSE SAME GOODS.
MOVABLE PROPERTY FALLING IN OBSOLESCENCE OR DISUSE, OR FOR ANY OTHER CAUSE NO LONGER NECESSARY FOR THE PURPOSES WHICH THE LAW ENTRUSTS TO THE COMMISSION, MAY BE: 1.-SOLD TO ANY OFFICIAL INSTITUTION; 2.-TRANSFERRED TO THE STATE, IMPUTING THE PRICE AGREED AS A LOAN OF CAPITAL OF LOAN FROM THE GOVERNMENT TO THE COMMISSION, REFERRED TO BY THE ARTS. 28º AND 29º OF THIS LAW, AFTER AUTHORIZATION FROM THE MINISTRY OF FINANCE; 3.-SOLD AMONG INDIVIDUALS TO THE HIGHEST BIDDER, AFTER HAVING ESTABLISHED DUE COMPETITION AND 4.-GIVEN IN PAYMENT OF THE PRICE OF NEW GOODS; (3) (11)
G) ACQUIRE AND USE WATER, PRODUCE ELECTRICAL ENERGY, AND DISPOSE OF THE WATER AND ELECTRICAL ENERGY OF ITS DOMAIN FOR THE PROVISION OF THE POPULATIONS AND RURAL AREAS, FOR THE IRRIGATION OF LAND AND FOR ANY OTHER PURPOSES AGRICULTURAL, INDUSTRIAL OR PUBLIC SERVICE, EITHER FOR SALE OR IN ANOTHER LEGAL FORM, BEING UNDERSTOOD THAT THE DISTRIBUTION OF ELECTRICAL ENERGY MUST BE MADE PREFERABLY WHOLESALE, BY MEANS OF MUNICIPAL OR PRIVATE COMPANIES AND ASSOCIATIONS OF CONSUMERS; (1)
h) DETERMINE, FIX AND MODIFY REASONABLE FEES, FEES, DUTIES OR OTHER CHARGES FOR THE SUPPLY OF ELECTRICITY AND IRRIGATION WATER, FOR THE USE OF THE FACILITIES AND FOR OTHER SERVICES SOLD OR PROVIDED BY THE COMMISSION IN SUFFICIENT FORM TO COVER: (1) EXPENSES INCURRED BY THE COMMISSION IN THE MAINTENANCE, IMPROVEMENT, DEVELOPMENT AND EXPANSION OF ITS FACILITIES AND PROPERTIES, AND (2) THE PAYMENT OF CAPITAL, INTEREST AND OTHER CHARGES ON ITS BONDS AND OTHER OBLIGATIONS, IN ORDER TO BE MAINTAINED IN ABILITY TO COMPLY WITH THE TERMS OF THE AGREEMENTS CONCLUDED WITH ITS CREDITORS. THE FEES, FEES, DUTIES OR CHARGES MENTIONED SHALL BE SUBJECT TO PRIOR APPROVAL OF THE EXECUTIVE BRANCH IN THE ECONOMY CLASS. (1)
THE CERTIFICATION OF THE RESPECTIVE BOOK, EXTENDED BY THE EXECUTIVE DIRECTOR, AT THE FOOT OF THE REPORT OF THE HEAD OF THE TREASURY DEPARTMENT, OR WHO DOES HIS OR HER TIMES, IN WHICH A PERSON, NATURAL OR LEGAL, APPEARS AS A PERSON SERVICES PROVIDED BY THE COMMISSION SHALL BE ENFORCEABLE. THIS CERTIFICATION MUST ALSO BE SIGNED BY THE PRESIDENT AND THE COMMISSION ' S INTERNAL AUDITOR; (6)
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i) OBTAIN DIRECT LOANS, ISSUE AND PLACE BONDS ON THE INTERNAL AND EXTERNAL MARKET, AND OTHER OBLIGATIONS, ACTING IN ALL THESE CASES WITH THE PRIOR APPROVAL OF THE EXECUTIVE BRANCH IN THE ECONOMY BRANCH, AND USING THE FUNDS THUS OBTAINED IN THE REALIZATION OF THEIR ENDS ACCORDING TO THEIR BUDGET AND ACCORDING TO THE LAW, BEING I UNDERSTAND THAT UNDER NO CIRCUMSTANCES WILL THE COMMISSION MORTGAGE, IGNORE OR OTHERWISE TAX ITS OWN INCOME, INCOME, FACILITIES AND OTHER GOODS. IT IS ONLY THE MORTGAGE OR OTHER CHARGES THAT CONSTITUTE A ROOT PROPERTY OR FURNITURE, AT THE TIME OF ITS PURCHASE, TO ENSURE PAYMENT OF THE PRICE OF THE SAME. (1)
HOWEVER, IF LOCAL LOANS ARE TO BE TREATED NO LONGER THAN ONE YEAR TO MEET FINANCIAL NEEDS RELATED TO THE REGULAR ROTATION OF THEIR OPERATIONS, THE APPROVAL OF THE EXECUTIVE BRANCH SHALL NOT BE REQUIRED; (3)
j) MAKE THE OPERATIONS REFERRED TO IN THE PRECEDING LITERAL IN ORDER TO CONSOLIDATE, CONVERT OR REFINANCE THEIR OBLIGATIONS, SUBJECT TO THE REQUIREMENTS AND RULES THAT ARE SET OUT IN THE SAME LITERAL; (3)
k) Government of the Republic or any of its official institutions or law corporations public, or private persons, and to celebrate with any of them, all manner of contracts, in order to procure the services or objects that I will need, (in the development or maintenance of the Commission) be of leases, sales or other transactions, and invest the proceeds of such operations in the purposes that this Law entrusts;
l) Enter, after authorization of their owners or holders, or their representatives, on grounds, bodies of water, or property in order to make mesures, surveys and studies. When the authorization is refused by the owners, holders, or representatives, it will be the Ministry of the Interior, Ramo de Gobernación, which, with knowledge of the cause, will have to extend it, with the consequent compensation, if any;
m) Carry out all the acts and operations necessary to carry out the powers conferred on it by this Law, or be entrusted with subsequent laws, but in no case may it compromise the credit of the Republic, nor promise in their negotiations that the state will inevitably and inevitably create certain taxes to ensure or resolve such negotiations, as provided for in Article 16 of this Law, as no commitments on these individuals may contract, if not with prior legislative authorization;
n) Demandar and be sued.
LA COMMISSION SHALL BE EXEMPT FROM THE OBLIGATION TO PROVIDE BAIL, IN ALL MANNER OF TRIALS AND ALL ITS ACTIONS SHALL BE MADE IN SIMPLE PAPER; AND, (6)
OR) Submit to the Executive Body for approval, the Regulation to serve
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compliance with this Act.
Art. 6.-For the purposes of this Law, they shall be considered as works necessary for the realization of the purposes that this Law entrusts to the Commission, the following: structures, plants or systems of aqueduct, irrigation, electricity, heating, lighting or force, with all parts and belongings, supply and distribution systems, hydroelectric and irrigation systems, power plants to generate electricity by hydraulic, thermal or any other means, and stations, swamps, dams, canals, tunnels, conduits, transmission and distribution lines and necessary works and accessories, useful or currently used and used for the production, diversion, collection, reservoir, conservation, use, transport, distribution, sale, exchange, or any other provision of water or electric power, all of conformity with the Law.
Art. 7. THE COMMISSION SHALL HAVE LEGAL PERSONALITY, AND ITS LEGAL REPRESENTATION SHALL BE EXERCISED, BY THE PRESIDENT OR BY HIM.
THE PRESIDENT WILL BE RESPONSIBLE FOR MONITORING COMPLIANCE WITH THE COMMISSION ' S OBJECTIVES AND AGREEMENTS AND WILL CARRY OUT HIS OR HER FULL TIME CHARGE FOR WHAT WILL BE INCOMPATIBLE WITH ANY OTHER PUBLIC OR PRIVATE PAID CHARGES AND WITH THE PAID EXERCISE OF ANY PROFESSION. (8)
THE PRESIDENT SHALL CONVENE IN WRITING THE SESSIONS OF THE COMMISSION AT LEAST ONCE A WEEK, AND WHENEVER NECESSARY, SPECIFYING THE SUBJECT-MATTER OF THE MEETING IN EXTRAORDINARY CASES.
IN THE ABSENCE OF THE PRESIDENT, TWO OR MORE MANAGING DIRECTORS OR THE EXECUTIVE DIRECTOR MAY BE CONVENED, IN WRITING.
IN ORDER FOR THE COMMISSION TO VALIDLY SESIONATE, AT LEAST FOUR VOTING DIRECTORS WILL BE REQUIRED TO ATTEND, AND MOST OF THEM WILL BE ABLE TO TAKE VALID RESOLUTIONS, WITH THE EXCEPTION OF THOSE CASES WHERE THE LAW REQUIRES HIGHER NUMBER OF VOTES.
EACH ACTING OWNER OR OWNER SHALL HAVE THE RIGHT TO ONE VOTE. IN CASE OF A TIE IN A VOTE, THE PRESIDENT OR WHOEVER DOES HIS OR HER TIMES WILL HAVE DOUBLE VOTING. (1) (7)
Art. 8. THE EXECUTIVE DIRECTOR SHALL BE RESPONSIBLE FOR THE ADMINISTRATION OF THE COMMISSION ' S BUSINESS AND SHALL DEVOTE HIS GREATEST ACTIVITY TO THE PERFORMANCE OF HIS DUTIES, WHICH SHALL BE INCOMPATIBLE WITH ANY OTHER REMUNERATED CHARGE, WHETHER PUBLIC OR PRIVATE, AND WITH THE PAID EXERCISE OF ANY PROFESSION. THE EXECUTIVE DIRECTOR MAY ATTEND THE SESSIONS OF THE COMMISSION WITH A VOICE BUT NO VOTE. (1)
Art. 9.-The Executive Director shall be the immediate head of the subordinate employees and, with the authorization of the President, represent the Commission in all acts and contracts it holds in accordance with the instructions of the Commission.
Art. 10.-In the selection and appointment of the Executive Director, officials and employees
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and in the promotion and promotion of any of them, the Commission should abstain to give consideration to aspects of a political nature, such appointments, promotions and promotions should be made solely and exclusively by merit and efficiency.
Any member of the Commission who violates this provision will be removed of his position by the same entities that appointed him, and the official or employee of the Commission that has been appointed, promoted or promoted in contravention of the provisions of this article, will be removed from its position by the Commission.
Art. 11. THE REMUNERATION OF THE MEMBERS OF THE COMMISSION, THE EXECUTIVE DIRECTOR AND THE STAFF OF OFFICIALS AND EMPLOYEES SHALL BE APPROPRIATE IN AN APPROPRIATE MANNER TO THE IMPORTANCE OF THEIR TASKS AND, AS FAR AS POSSIBLE, IN ACCORDANCE WITH THE WAGES THAT PREVAIL IN PRIVATE COMPANIES OF THE SAME NATURE.
IN NO CASE CAN ANY REMUNERATION BE ESTABLISHED THAT IS THE FORM OF A COMMISSION OR IS RELATED TO THE COMPANY ' S PROFITS. (1)
Art. 12. -NO OFFICIALS OR EMPLOYEES OF THE COMMISSION, WHO ARE OWNERS, SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS OR EMPLOYEES OF ANY PRIVATE PUBLIC SERVICE COMPANY IN EL SALVADOR DEDICATED TO THE PRODUCTION, DISTRIBUTION OR SALE ELECTRICAL ENERGY. (7)
Art. 13.-All movable and real estate and its accessories, which the Commission considers necessary and appropriate to carry out the purposes expressed in this Law, are declared of public utility.
NECESSARY THE EXPROPRIATION OF THE BUILDINGS WHICH ARE TO BE FLOODED BY RESERVOIRS, OF WHICH THEY MUST BE USED FOR THE PURPOSE OF ESTABLISHING, SERVING AND SERVICING DAMS, PLANTS, WAREHOUSES, OFFICES, AND OTHER MAIN INSTALLATIONS OR ACCESSORIES TO WORKS UNDERTAKEN BY THE COMMISSION, AND OF THE LAND, EASEMENTS OR RIGHTS OF WAY NECESSARY TO BUILD AND MAINTAIN LINES OF TRANSMISSION, IRRIGATION CHANNELS AND OTHER ENERGY OR WATER DRIVING SERVICES. (1)
Art. 14.-ANY BOND ISSUE SHALL BE MADE IN ACCORDANCE WITH THE COMMISSION ' S RESOLUTION, SPECIFYING THE TERMS AND CONDITIONS OF THE BONDS. THE COMMISSION WILL HAVE WIDE POWERS TO ESTABLISH THOSE TERMS AND CONDITIONS THAT ARE CUSTOMARY IN THE FINANCIAL, INTERNAL OR EXTERNAL MARKETS, IN WHICH IT INTENDS TO MAKE THE ISSUE. THE RULES FOR THE ISSUE OF BONDS, THE INTEREST RATE AND THE TERM OF INTEREST SHALL BE DETERMINED IN THE LEGISLATIVE DECREE OF ISSUE, AND MUST BE FULFILLED IN ADVANCE AS LAID DOWN IN ARTICLE 5 (1) OF THIS ACT. (5)
Art. 15.-The Central Reserve Bank of El Salvador will be the Fiscal Agent in all Commission bond issues.
Art. 16.-Except when a special decree of the LEGISLATIVE ASSEMBLY expressly authorizes it in each specific case, the bonds and other obligations issued by the Commission shall not constitute a debt of the Republic, nor of any of its Municipalities or other political subdivisions, and neither the Republic nor any such Municipalities or other political subdivisions shall be responsible for
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of the payment of principal and interest on such bonds and other obligations, which shall be payable only with funds from the Commission. (11)
Art. 17.-Commission bonds shall be legal investments and may be accepted as security and bail by any public office; likewise, the Central Reserve Bank of El Salvador is empowered to conduct open market operations in accordance with its Law and Statutes, with the bonds issued by the Commission.
Art. 18.-ALL FUNDS OF THE COMMISSION SHALL BE DEPOSITED WITH THE CENTRAL RESERVE BANK OF EL SALVADOR, OR IN OTHER BANKING INSTITUTIONS, WHICH, IN THE OPINION OF THE COMMISSION, DESERVE CONFIDENCE, WITH THE EXCEPTION OF AN AMOUNT TO BE FIXED IN THE RESPECTIVE BUDGETS AND WHICH MAY BE KEPT IN CASH, IN ORDER TO DEAL WITH AMOUNTS WHICH DO NOT EXCEED THE LIMIT LAID DOWN BY THE COMMISSION. FUNDS MAY ONLY BE WITHDRAWN FROM THE DEPOSITORY BANKS BY THE OFFICIALS OR EMPLOYEES APPOINTED BY THE COMMISSION TO MAKE THE PAYMENTS WHICH IT AUTHORISES IN A GENERAL OR SPECIAL MANNER IN ACCORDANCE WITH THE PROVISIONS OF THIS LAW AND FOR THE ACQUISITION OF BONDS OR OTHER SECURITIES ISSUED OR GUARANTEED BY THE STATE. (3)
Art. 19. THE PREPARATION, VOTE, EXECUTION AND ACCOUNTABILITY OF THE COMMISSION ' S BUDGETS SHALL BE MADE IN ACCORDANCE WITH THE FOLLOWING PROVISIONS:
1ST.-THE FISCAL YEAR OF THE COMMISSION SHALL BE FOUR YEARS, STARTING FROM THE FIRST FOUR-YEAR FISCAL YEAR ON 1 JANUARY 1954.
2ND.-IN THE SECOND QUARTER OF THE FOURTH YEAR OF THE FISCAL YEAR, THE COMMISSION WILL PREPARE THE SPECIAL BUDGET THAT WILL GOVERN ITS OPERATIONS DURING THE NEXT FISCAL YEAR.
3RD.-THE SPECIAL BUDGET SHALL CONTAIN IN THE REVENUE PART:
(a) THE ESTIMATE OF THE INITIAL SURPLUS OR FINANCIAL DEFICIT;
(b) THE RESOURCES THAT THE COMMISSION CONSIDERS TO OBTAIN DIRECTLY THROUGH THE COLLECTION OF INCOME. REVENUE ARISING FROM THE OPERATION OF ITS ELECTRICAL, IRRIGATION, OR OTHER SYSTEMS, THE USE OF ITS FACILITIES OR OTHER PROPERTIES AND THE PROVISION OF SERVICES;
(c) AN AUTOMATIC EXTENSION ITEM INTENDED FOR ENTRY TO THE PRODUCT OF THE SHORT-TERM LOANS WHICH THE COMMISSION WILL CONTRACT IN ORDER TO COVER DEFICIENCIES TEMPORARY IN THEIR INCOME, MEANING AS SHORT TERM LOANS THAT HAVE MATURITY NOT GREATER THAN ONE YEAR, WHETHER THE DEADLINE IS MET WITHIN THE SAME FISCAL YEAR OR THE NEXT;
d) AN AUTOMATIC EXTENSION ITEM INTENDED TO GIVE INPUT TO THE ALLOCATIONS THAT THE STATE ASSIGNS TO THE COMMISSION FOR SPECIFIC WORKS OR ACTIVITIES; AND,
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e) ANY OTHER RECOURSE THAT THE COMMISSION MAY EVENTUALLY HAVE.
4TH THE SPECIAL BUDGET SHALL CONTAIN IN THE EXPENDITURE PART:
(a) THE ITEMS THAT AUTHORIZE THE EXPENDITURE FOR: 1) ADMINISTRATION; 2) OPERATION AND MAINTENANCE; 3) STUDIES AND PLANNING; 4) CONSERVATION OF WATER RESOURCES; AND 5) MISCELLANEOUS ACTIVITIES;
b) A DEPARTURE THAT AUTHORIZES INVESTMENTS IN ACQUISITION, CONSTRUCTION, ADDITIONS, IMPROVEMENTS AND EXTENSIONS OF MOVABLE AND REAL ESTATE AND OF THE WORKS NECESSARY FOR THE REALIZATION OF THE PURPOSES THAT THE LAW ENTRUSTS TO THE COMMISSION;
c) A DEPARTURE FOR THE AMOUNT SUFFICIENT TO MEET THE PAYMENT OF THE AMORTIZATION OF CAPITAL OR REDEMPTION INTEREST ON BONDS, LOANS AND OTHER OBLIGATIONS LEGALLY INCURRED BY THE COMMISSION, INCLUDING CREDIT OPENING CHARGES, FEES FOR BOND SALES, PRINTMAKING, PRINTING AND LITHOGRAPHY OF BONDS, TAX AGENCY SERVICE AND OTHER EXPENSES OF THE SAME NATURE;
d) A DEPARTURE FOR THE AMORTIZATION AND CANCELLATION OF SHORT-TERM LOANS, WHICH ARE AUTOMATICALLY EXTENDED IN RELATION TO THE AMOUNT OF LOANS TAKEN UNDER THE LITERAL (C) OF THE ARTICLE 3 OF THIS ARTICLE;
E) A DEPARTURE FOR THE CANCELLATION OF THE GOVERNMENT LOANS REFERRED TO BY THE ARTS. 28º AND 29º OF THIS LAW, AUTOMATICALLY EXPANDABLE UP TO THE AMOUNT OF THE SURPLUS FUNDS COMING FROM THE INCOME AND INCOME OF THE COMMISSION, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 29º CITED ABOVE; AND, (11)
(f) A DEPARTURE AUTHORIZING THE NECESSARY RELOCATIONS FOR SPECIFIC WORKS OR ACTIVITIES WHICH THE SUPREME GOVERNMENT ENTRUSTS TO THE COMMISSION AND FOR THE PURPOSE OF WHICH IT HAS THE NECESSARY RESOURCES, WHICH MAY BE AUTOMATICALLY EXTENDED IN THE AMOUNTS WHICH ARE INCLUDED IN THE GENERAL BUDGET OF THE STATE.
5TH.-THE PRELIMINARY DRAFT BUDGET MUST BE APPROVED WITH NO LESS THAN FIVE VOTES, FAVORABLE, OF THE MEMBERS OF THE COMMISSION IN EXTRAORDINARY SESSION SPECIALLY CALLED TO THE EFFECT.
6ª.-THE COMMISSION SHALL SUBMIT TO THE MINISTRY OF ECONOMY THE PRELIMINARY DRAFT OF ITS SPECIAL BUDGET BY 30 JUNE OF THE LAST YEAR OF ITS FISCAL YEAR, IN ORDER TO ENSURE THAT THE EXECUTIVE BRANCH IN THE FINANCIAL SECTOR SUBMITS TIMELY THE RESPECTIVE PROJECT TO APPROVAL
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OF LEGISLATIVE POWER.
7ª.-WITH THE OBJECTIVE OF ENSURING ALWAYS THE FAITHFUL FULFILMENT OF THE OBLIGATIONS CONTRACTED BY THE COMMISSION WILL BE INCLUDED IN THE PRELIMINARY DRAFT SPECIAL BUDGET THE CORRESPONDING ALLOCATIONS, ACCOMPANYING THE STATES, DETAILS AND JUSTIFICATIONS THAT ARE NECESSARY.
8ª.-THE COMMISSION ' S BUDGET WILL BE OF COMPETITION AND AS SUCH IT WILL HAVE TO BE EXECUTED.
9TH.-THE FISCAL YEAR ENDED, THE COMMISSION WILL MAKE THE LIQUIDATION OF ITS SPECIAL BUDGET AND WITH THE TABLES OF THE LIQUIDATION AND AN ANALYSIS OF THE EXPENDITURES CARRIED OUT FROM ITS BUDGET, IT WILL ACCOUNT TO THE MINISTRY OF FINANCE FOR THE PURPOSE OF YOUR REPORT TO THE LEGISLATIVE ASSEMBLY.
10TH.-THE INVESTMENT OF RESOURCES THAT THE COMMISSION OBTAINS THROUGH LONG-TERM CREDIT OPERATIONS WILL BE GOVERNED BY EXTRAORDINARY BUDGET.
11TH.-THE COMMISSION IS EMPOWERED TO AGREE WITH NO LESS THAN FIVE VOTES, FAVORABLE, OF ITS MEMBERS, CREDIT TRANSFERS BETWEEN ITEMS OF ITS SPECIAL BUDGET, WHICH TO TAKE EFFECT SHALL BE APPROVED BY THE ORGAN EXECUTIVE IN THE FIELD OF FINANCE, AND THE TRANSCRIPT OF THE CORRESPONDING AGREEMENT IS SUFFICIENT.
12TH.-THE SURPLUSES THAT WILL BE THROWN OUT OF THE EXTRAORDINARY BUDGETS WILL BE APPLIED TO THE SPECIAL BUDGET IN FORCE AT THE TIME OF THE LIQUIDATION. (1) (3)
Art. 20 °.-THE COMMISSION SHALL BE GOVERNED BY A SPECIAL SYSTEM OF WAGES TO BE ESTABLISHED, AS AN ANNEX TO ITS BUDGET, IN ACCORDANCE WITH THE FOLLOWING RULES:
(A) THE REMUNERATION OF THE PRESIDENT SHALL BE FIXED BY CONTRACT. THE REMUNERATION OF THE OTHER MEMBERS OF THE COMMISSION SHALL BE FIXED ON THE BASIS OF DAILY ALLOWANCES FOR EACH SESSION. (9)
(b) THE REMUNERATION OF THE DIRECTOR AND DEPUTY EXECUTIVE DIRECTOR, DEPARTMENT HEADS AND SPECIALISED TECHNICAL STAFF SHALL BE DETERMINED BY CONTRACT.
(c) THE REMUNERATION OF PERMANENT STAFF SHALL BE DETERMINED IN ACCORDANCE WITH THE CATEGORIES OF SALARY REFERRED TO IN THE SAME ANNEX, WITHIN WHICH THE COMMISSION MAY APPOINT THE NUMBER OF EMPLOYEES IT DEEMS NECESSARY.
d) REMUNERATION OF TEMPORARY AND WORKERS ' EMPLOYEES
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GENERALLY WILL BE FIXED BY INDIVIDUAL HIRING IN ACCORDANCE WITH LABOR LAWS.
THE COMMISSION SHALL ESTABLISH INTERNAL RULES CONCERNING WORKING HOURS, EXTRAORDINARY WORK, PERMITS AND LICENCES AS WELL AS THE CONDITIONS RELATING TO TAKE-UP, HOLIDAYS, AND OTHER SOCIAL BENEFITS IN FAVOUR OF STAFF, ACTING IN ACCORDANCE WITH THE PRINCIPLES OF EQUITY AND IN ACCORDANCE WITH THE LABOUR LAWS APPLICABLE TO PRIVATE ENTERPRISE. (1) (3)
Art. 21.-For any expenditure of the Commission shall be governed exclusively by its special budget, without intervention by the Directorate-General of the Budget.
Art. 22.-IN CONTRACTS FOR THE PURCHASE OF GOODS OR SERVICES HELD BY THE COMMISSION, THE GENERAL MANAGEMENT OF THE BUDGET, THE GENERAL SUPPLIER OF THE REPUBLIC, OR THE COMMISSION SHALL NOT BE SUBJECT TO THE PROVISIONS OF THE LAW OF SUPPLIES, BUT IT WILL HAVE TO PROMOTE COMPETITION AND TAKE OUT COMPETITION WHEN THE SERVICES FOR THE ACQUISITION OF MOVABLE PROPERTY ARE MORE THAN TWENTY THOUSAND COLONES (¢ 20,000.-).
FOR THE CONSTRUCTION OF ANY NEW WORK OR EXTENSION OF THE EXISTING ONES, WHOSE ESTIMATED COST FOR THE COMMISSION WILL EXCEED TWO HUNDRED AND FIFTY THOUSAND COLONES (¢ 250,000.00), IT WILL BE NECESSARY TO OBTAIN THE PRIOR APPROVAL OF THE EXECUTIVE BRANCH; IT IS UNDERSTOOD, HOWEVER, THAT THE COMMISSION MAY DEVELOP, WITHOUT THE APPROVAL OF THE EXECUTIVE BRANCH, ALL KINDS OF ACTIVITIES RELATED TO THE OPERATION OR MAINTENANCE OF ITS WORKS AS WELL AS THE WAYS OF ACCESSING THEM. (1) (3)
Art. 23. THE COMMISSION SHALL BE SUBJECT TO THE AUDIT OF THE COURT OF AUDITORS OF THE REPUBLIC AT ANY TIME, TO WHOM IT SHALL REPORT DETAILED ADMINISTRATION WITH THE RESPECTIVE VOUCHERS. THIS AUDIT SHALL BE CARRIED OUT IN A MANNER APPROPRIATE TO THE NATURE AND PURPOSE OF THE COMMISSION, IN ACCORDANCE WITH THE SPECIAL ARRANGEMENTS SET OUT BELOW:
1) THE COURT OF AUDITORS SHALL APPOINT A PERMANENT DELEGATE, WHO IN THE PERFORMANCE OF HIS DUTIES IT SHALL ENSURE THAT EACH OPERATION CARRIED OUT BY THE COMMISSION IS AUTHORISED BY LAW. IT SHALL NOT HAVE SUCH A DELEGATED AUTHORITY TO OBJECT OR RESOLVE WITH RESPECT TO ACTS OF ADMINISTRATION OR ANY OTHER THAT THE INSTITUTION CARRIES OUT IN THE PURSUIT OF ITS PURPOSES.
(2) THE DELEGATE SHALL NOT DEAL MORE THAN THE COMMISSION 'S OPERATIONS, TO THE EFFECT THAT IT SHALL BE OBLIGED TO WORK DURING THE FULL HEARING AND IN THE INSTITUTION' S OWN OFFICES.
3) IN THE EXERCISE OF THEIR DUTIES THE DELEGATE SHALL:
(a) REVIEW THE ACCOUNTING OF THE COMMISSION IN ACCORDANCE WITH GOOD STANDARDS AND PRINCIPLES OF AUDIT;
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b) ASK AND OBTAIN AT ANY TIME THE EXPLANATIONS AND REPORTS I WILL NEED FOR THE FAITHFUL PERFORMANCE OF THEIR DUTIES; AND,
(c) INFORM IN WRITING TO THE CHAIRMAN OF THE COMMISSION, WITHIN 48 HOURS, OF ANY IRREGULARITIES OR INFRACTION WHICH I WILL NOTICE, AND TO INDICATE A REASONABLE PERIOD FOR WHICH
4) IF IN THE JUDGMENT OF THE COMMISSION THERE IS NO IRREGULARITY OR INFRACTION IN THE ACT OBSERVED BY THE DELEGATE PURSUANT TO THE LETTER C) OF THE PRECEDING NUMBER, IT SHALL SO MAKE KNOWN, IN WRITING, TO THE DELEGATE WITHIN THE PRESCRIBED PERIOD, EXPOSING THE RELEVANT REASONS AND EXPLANATIONS; AND IF SUCH REASONS AND EXPLANATIONS ARE NOT SATISFACTORY TO THE DELEGATE, THE CASE SHALL BE SUBJECT TO THE DECISION OF THE PRESIDENT OF THE COURT OF AUDITORS, WHO SHALL SETTLE THE MATTER AFTER HEARING THE COMMISSION. IF THE COMMISSION DOES NOT OBJECT TO THE IRREGULARITY OR INFRACTION OBSERVED BY THE DELEGATE OR THE SUBSANARE WITHIN THE PERIOD PRESCRIBED FOR THESE PURPOSES OR IF, WHERE APPROPRIATE, IT DOES NOT COMPLY WITH THE DECISION OF THE PRESIDENT OF THE COURT OF AUDITORS, THE ACT OBSERVED SHALL BE THE MATTER OF JUDGMENT OF ACCOUNTS COVERING THE PERIOD WITHIN WHICH IT WAS EXECUTED.
5) THE DELEGATE SHALL BE VESTED WITH THE JURISDICTIONAL POWERS OF THE FIRST CHAMBER JUDGE OF THE COURT OF AUDITORS. THE PRESIDENT OF THE COURT SHALL APPOINT AMONG THE JUDGES OF THE CHAMBERS OF FIRST INSTANCE THE JUDGE WHO SHALL BE PRESENT TO FORM A CHAMBER IN THE JUDGMENT OF THE RESPECTIVE ACCOUNTS.
6) THE JUDGMENT SHALL BE PROCESSED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN THE RELEVANT PROVISIONS OF THE ORGANIC LAW OF THE COURT OF AUDITORS.
7) WHEN THE COMMISSION CONSIDERS IT NECESSARY, IT SHALL HEAR THE OPINION OF THE DELEGATE ON THE OPERATIONS OR ACTS THAT I WISH TO EXECUTE IN THE PURSUIT OF THE PURPOSES THAT THE LAW ENTRUSTS TO IT. IF THE OPINION OF THE DELEGATE DISAGREES WITH THE ONE SUPPORTED BY THE COMMISSION, THE CASE WILL BE SUBMITTED TO THE PRESIDENT OF THE COURT OF AUDITORS, SO THAT, IN THE NAME OF THE COURT, HE WILL DECIDE.
IF THE COMMISSION WILL NOT CONFORM TO THE DECISION, THE MATTER MAY, IF APPROPRIATE, BE REFERRED TO THE COUNCIL OF MINISTERS FOR THE PURPOSES OF ART. 197 OF THE CONSTITUTION (11)
IN THE CASES OF OPERATIONS OR ACTS PERFORMED BY THE COMMISSION IN ACCORDANCE WITH THE CRITERION SUPPORTED BY THE DELEGATE OR BY THE PRESIDENT IN THE NAME OF THE COURT OR WITH THE DECISION OF THE COUNCIL OF MINISTERS, IN ITS CASE, NO PLACE SHALL BE DEDUCTED FROM THE COMMISSION RESPONSIBILITY AT THE TIME OF THE RESPECTIVE GLOSA. (1) (3)
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Art. 24. In addition to the audit carried out by the Court of Auditors of the Republic in accordance with the provisions of the previous article, the accounts of the Commission shall be reviewed annually by a Certified Public Auditor professional prestige. This auditor shall be appointed by the Central Reserve Bank of El Salvador as a fiscal agent unless the contract which the Commission holds with the bondholders provides that this auditor shall be appointed by them, in which case he/she shall be appointed. will be at the contractual stipulations.
Art. 25. THE COMMISSION SHALL SUBMIT ANNUALLY TO THE LEGISLATIVE ASSEMBLY, THROUGH THE MINISTRY OF ECONOMY, AS SOON AS POSSIBLE BUT AT THE LATEST WITHIN THE FIRST SIX MONTHS OF EACH YEAR, A) A FINANCIAL STATEMENT OF ACCOUNTS AND REPORT COMPLETE THE COMMISSION ' S BUSINESS DURING THE PRECEDING YEAR AND B) A FULL REPORT OF THE STATE AND PROGRESS OF ALL THE WORKS AND ACTIVITIES OF THE COMMISSION SINCE ITS INCEPTION, OR SINCE THE DATE OF THE LAST OF THESE REPORTS.
THE COMMISSION WILL ALSO SUBMIT TO THE LEGISLATIVE ASSEMBLY ON THOSE OTHER OCCASIONS ON WHICH IT IS REQUIRED, OFFICIAL REPORTS OF ITS BUSINESS AND ACTIVITIES, IN ACCORDANCE WITH THIS LAW.
THE COMMISSION SHALL ANNUALLY PUBLISH THE REPORT, THE BALANCE SHEET, THE PROFIT AND LOSS TABLE AND THE OTHER DATA THAT ARE APPROPRIATE TO SHOW ITS FINANCIAL POSITION AND THE RESULTS OF ITS ACTIVITIES, AS WELL AS THE REPORT ANNUAL OF ITS AUDITORS. (1)
Art. 26.-All movable and real estate, as well as the business and operations carried out by the Commission are declared exempt from any tax, specific tax contribution or municipal tax.
Art. 27.-The roads of access to the places where the dams are built will be part of the road system of the Republic.
Art. 28. FOR THE PURPOSES OF THE ORGANIZATION OF THE COMMISSION, IT SHALL BE ENTERED IN THE GENERAL BUDGET OF THE STATE, CORRESPONDING TO THE YEARS OF 1949 TO 1953, INCLUDING AN ANNUAL GRANT OF NO LESS THAN THREE HUNDRED THOUSAND COLONES. (2) (11)
The funds that the Commission obtains in accordance with the previous subparagraph shall be used to provide it with appropriate premises, equipment and furniture, in order to enable it to continue with studies, negotiations, engineering and legal works necessary for the issuance of securities, to initiate the construction work of the works, and to cover the payment of salaries and other operating expenses, all according to the respective Special Budget.
TO BE INVESTED IN THE WORKS OF THE CHORRERA OF THE GUAYABO AND GUIJA, AS THE RESPECTIVE ONES ARE EXHAUSTED ITEMS OF DISCHARGE FROM THE EXTRAORDINARY BUDGET, OR IN ANY OTHER WORKS WHICH HAVE AS THEIR OBJECT THE EXPANSION OF THE GENERATING CAPACITY AND OF THE TRANSMISSION NETWORK AND SUB-STATIONS OF THE COMMISSION. (1) (3)
Art. 29.-The grants referred to in the previous article will be considered for all
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purpose, as Government loans to the Commission, that will not bear interest or have a deadline fixed depreciation. The Commission shall cancel these loans by means of annual instalments equal to the surplus funds arising from their income or income, after covering their operating and operating expenses and the maintenance of their works, the payment of the interest and amortization on their bonds and other obligations, to establish adequate reserves and to provide for the necessary expansion of their services.
WITHOUT PREJUDICE TO THE PROVISIONS OF THE FOREGOING PARAGRAPH, THE STATE MAY BE AUTHORIZED TO CONVERT YOUR LOANS INTO SHARES IN THE CAPITAL OF THE CEL WHEN THERE IS A WHOLE INVESTMENT CEL SHALL DELIVER TO THE STATE REPRESENTATIVE CERTIFICATES AS PROVIDED FOR IN THIS ACT. (4)
Art. 29 A.-THE COMMISSION SHALL INCLUDE THE FOLLOWING CAPITAL RESOURCES:
A) THE STATE INVESTMENTS
(b) THE ANNUAL AMOUNTS RESULTING FROM THE COMMISSION 'S FINANCIAL OPERATIONS, UP TO THE AMOUNT OF THE COMMISSION' S REMAINING, AFTER COVERING COMMITMENTS FOR LOANS RECEIVED, OPERATING EXPENSES AND RESERVES OTHER THAN CAPITAL; AND
(c) ANY OTHER RECOURSE TO BE ACQUIRED BY THE COMMISSION TO ANY TITLE, STATE, OFFICIAL ENTITY OR INDIVIDUALS TO INCREASE THEIR CAPITAL.
THE STATE INVESTMENTS WILL BE ENTERED IN CERTIFICATES OR SECURITIES REPRESENTING THE CAPITAL CONTRIBUTED, WHICH WILL BE ISSUED BY THE COMMISSION, IN THE FORM DETERMINED BY THE MINISTRY OF FINANCE, ACCORDING TO THE COURT OF AUDITORS. REPUBLIC, AND DEPOSITED IN THE GENERAL MANAGEMENT OF TREASURY FOR ITS CUSTODY. (4)
Art. 30. THE PROVISIONS OF THIS LAW SHALL CONSTITUTE A SPECIAL REGIME WHICH SHALL APPLY IN PREFERENCE TO ANY LAWS, REGULATIONS AND OTHER PROVISIONS LAID DOWN FOR THE ADMINISTRATION OF THE CENTRAL GOVERNMENT, OF ENTITIES WHICH ARE FINANCED BY THE ERARIO OR OTHER AUTONOMOUS STATE INSTITUTIONS OR UNDERTAKINGS, UNLESS EXPRESSLY EXTENDED TO THE COMMISSION. (3)
Art. 31.-This Decree shall enter into force twelve days after its publication in the Official Journal.
TRANSIENT.-When the Commission is constituted in accordance with the provisions of this Law, the balances of Chapter IV, Title V, of the Current General Budget, which will be found pending affectation will be transferred to Title XVIII, Grants and Subsidies, as a grant in favour of the Commission, it being understood that this grant will not have the established character Article 29 of this Law.
GIVEN IN THE SESSION OF THE NATIONAL ASSEMBLY LEGISLATIVE; NATIONAL PALACE: San Salvador, at the eighteen days of the month of September of a thousand nine hundred and forty-eight.
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RICARDO RIVAS VIDES, PRESIDENT.
RODRIGO EUGENIO VELASCO, FIRST PROSECRETARY.
SERAFIN POSADA, SON, SECOND PRO-SECRETARY.
NATIONAL PALACE: San Salvador, at the twenty-two days of September of a thousand nine hundred and forty-eight.
EXECUTE,
SALVADOR CASTANEDA CASTRO, Constitutional President.
CARLOS ALBERTO LIEVANO, Minister of Economy.
D. O. No. 210. TOMO NO 145 Date: 27 September 1948.
REFORMS:
(1) D. LAW NO 849, SEPTEMBER 13, 1950; D. O. NO. 200, T. 149, SEPTEMBER 13, 1950:
(2) D. L. NO 987, MARCH 16, 1953; D. O. NO. 60, T. 158, MARCH 27, 1953.
(3) D. L. Nº 1253, NOVEMBER 26, 1953; D. O. NO. 219, T. 161, DECEMBER 2, 1953.
(4) D. L. Nº 2856, JUNE 18, 1959; D. O. No. 116, T. 183, JUNE 29, 1959.
(5) D. L. Nº 300, APRIL 3, 1973; D. O. NO. 68, T. 238, APRIL 6, 1973.
(6) D. L. Nº 387, JULY 12, 1973; D. O. NO. 137, T. 240, JULY 24, 1973.
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(7) D. LAW NO 203, 22 APRIL 1980; D. O. NO. 74, T. 267, APRIL 22, 1980.
(8) D. LAW NO 269, T. 5 DE JUNE 1980; D. O. Nº 105, T. 267, 5 JUNE 1980.
(9) D. LAW NO 283, 16 JUNE 1980; D. O. NO 112, T. 267, 16 JUNE 1980.
(10) D. LEY NO 655, 9 APRIL 1981; D. O. Nº 69, T. 271, APRIL 9, 1981.
(11) D. L. NO. 81, JULY 4, 1985; D. O. NO. 147, T. 288, AUGUST 9, 1985.
(12) D. L. N ° 89, AUGUST 18, 2012; D. O. N ° 154, T. 396, AUGUST 22, 2012. (DECLARED UNCONSTITUTIONAL)
PARTIAL REPEAL:
D. L. NE 534, DECEMBER 2, 2010; D. O. NE 70, T. 391, APRIL 8, 2011. (Relative to Access to Information)
UNCONSTITUTIONALITY:
*THE CONSTITUTIONAL ROOM OF THE SUPREME COURT OF JUSTICE, BY MEANS OF JUDGMENT NO. 67-2014, PUBLISHED IN D. O. NO. 219, T. 413, NOVEMBER 24 FROM 2016, THE D.L. NO. 89/2012, WHICH REFORM THE LETTER C) OF THE ART. 3, OF THE LAW OF THE HYDROELECTRIC EXECUTIVE COMMISSION OF THE LEMPA RIVER, DECLARED UNCONSTITUTIONAL, BECAUSE THIS REFORM WAS DONE WITH A WAIVER OF PROCEDURE, WITHOUT THE FULL LEGISLATIVE ON THE OTHER HAND, THE COMMISSION IS NOT IN FAVOUR OF THE PROPOSAL FOR A DIRECTIVE. CONTENT OF ART. 135 INC. 1 ° CN. (JQ/24/01/17)
RELATED DISPOSITION:
LEGAL PROVISIONS, IN ORDER TO EXONERATE THE NATIONAL ADMINISTRATION OF "ANDA" AQUEDUCTS AND CULVERTS, FROM THE PAYMENT IT MAKES TO THE TRANSACTION UNIT FOR ALL COMMERCIAL OPERATIONS OF ELECTRICAL ENERGY REQUIRED.
D. L. No. 119, AUGUST 30, 2012, D. O. No. 166, T. 396, SEPTEMBER 7, 2012.
OALR
ngclL 16/02/11
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JCH/Ngcl 5/05/11
SV 10/09/11
JCH 27/09/12
JQ 24/01/17
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