Agreement 307-2017 - Units of Governance and Powers
Congreso Nacional
- Decree: 185-2001
- Published: August 17, 2018
- Issuing body: Congreso Nacional
- Gazette: 34,721
- Category: Administrative
Summary
Agreement 307-2017 reorganizes the Secretariat of Governance by dividing its departments into two subsecretaries: one for Justice and another for Governance and Decentralization. It establishes specific functions for the Direction of Regulation, Registration and Monitoring of Civil Associations, including registration, monitoring, and recording of bylaws and financial statements of non-profit organizations.
Considerations
Whereas State Secretaries are collaborators of the President of the Republic in the orientation, coordination, direction and supervision of the organs and entities of the national public administration, in the area of their competence.
Whereas the State Secretariat shall grant Environmental Licenses as well as other environmental proceedings for any project submitted for its consideration, prior to verification of compliance with all technical and administrative requirements that such request warrants.
Whereas it is the attribution of the State Secretariat in the Offices of Natural Resources and Environment to guarantee the protection, classification and security of public information and respect for access restrictions in cases typified by law.
Whereas Article 108 of the Constitution of the Republic establishes that: "Every author, inventor, producer or merchant shall enjoy exclusive ownership of his work, invention, trademark or trade name in accordance with law".
Whereas the State of Honduras is a signatory to International Conventions that protect the exclusive production rights of the author of the work, clearly understanding confidentiality with respect to the disclosure of information concerning Technical Studies.
Whereas in accordance with the legal attributions established in the Law of Transparency and Access to Public Information and having followed the administrative processes established by Law for the corresponding classification.
Whereas in accordance with Article 36 numerals 8 and 19 of the General Law of Public Administration, it is the attributions of State Secretaries to issue agreements and resolutions in matters of their competence and to delegate attributions to Undersecretaries, General Secretary or General Directors. CONSIDERING: The Administrative Management is responsible for budgetary administration, human resources, materials and general services, including the functions of purchases and supplies and custody of the assets under its charge.
Whereas in order to expedite the proceedings carried out in the Administrative Management, it is necessary to delegate the functions to the Submanager of Human Resources and the Administrative Assistant.
Whereas State Secretaries in their capacity as immediate collaborators of the President of the Republic are responsible for conducting the affairs of their respective Department.
Whereas Article 46 of the Regulations for Organization, Functioning and Competences of the Executive Branch, reformed through Executive Decree number PCM-055-2017 of September 9, 2017, published in the Official Journal "La Gaceta" No. 34,441 of September 12, 2017, provides that: "For the exercise of its functions the Secretariat of Governance, Justice and Decentralization must be organized with two (2) Undersecretariats, the Undersecretariat in the Office of Governance and Decentralization and the Undersecretariat in the Office of Justice. The State Secretary shall assign the Directorates or Units to the Undersecretariats through Ministerial Agreement".
Whereas Article 6 of Executive Decree number PCM-055-2017 of September 9, 2017, provides that: "The Directorates of both State Secretariats shall be governed by the Ministerial Agreement where their functions, their respective regulations, manuals and other instructions that are required, issued by each State Secretariat, shall be established".
Whereas in accordance with the foregoing considerations and to make efficient the performance of competences in matters of Governance, Justice and Decentralization and to make public management more effective, it is appropriate to assign the directorates and internal Units of this State Secretariat to the Undersecretariat of State of Justice and Undersecretariat of State of Governance and Decentralization.
Whereas through Decree No.38-2018 dated May 2, 2018, Article 3 of the Provisions of the General Budget of Income and Expenditures of the Republic, Fiscal Year 2018, contained in Decree No.141-2017 dated January 18, 2018, was reformed, through which a general amnesty of fines, surcharges and interest derived from debts for fees, contribution for improvements and municipal taxes is authorized, with validity until December 31, 2018, for natural or legal persons that have or do not have collection management or payment plans, seeking the remediation and recovery of resources, to improve municipal finances and facilitate payment to taxpayers.
Whereas in said Decree, there exists a table for the application of discounts, affecting municipal budgets and benefiting the taxpayer with a greater number of years in default, which has generated an act of tax injustice that is not favoring the fluidity and amount of collection.
Whereas it is within the power of the National Congress, in accordance with Article 205, Attribution 1) of the Constitution of the Republic, to create, decree, interpret, reform and repeal laws.
Whereas the protection of health is a right of Hondurans and it is a duty to promote and preserve personal and community health; being an obligation of the Government of the Republic to take all measures that allow providing such health services throughout the national territory.
Whereas historically the State Secretariat in the Office of Health has had a deficit budget formulation and for the year 2018 faces a major budget deficit for the payment of salaries and collateral costs of personnel under temporary contract modality, especially medical personnel, as well as other supply needs.
Whereas as a result of the budget deficit presented by the aforementioned Line Items, the State Secretariat in the Office of Health has identified financial resources, putting them at disposal to be transferred and thus self-finance part of the deficit, to prevent this situation from hindering the provision of health services that the population demands in the short term, which is why it is necessary for the National Congress to approve the corresponding budget modification.
Whereas Article 108 of the General Provisions of the General Budget of Income and Expenditures of the Republic, Fiscal Year 2018, establishes that the hiring of temporary personnel (expense group 12000) shall be limited to the assignments and amounts approved in the General Budget of Income and Expenditures of the Republic; therefore, expansions through budget modifications for this expense item are prohibited, with the exception of adjustments for minimum wage, reimbursements by court order and owed salaries.
Whereas Article 128 of the General Provisions of the General Budget of Income and Expenditures of the Republic, Fiscal Year 2018, establishes that savings in the allocations of basic salaries for Permanent Personnel, derived from the cancellation of positions, due to the creation of positions through merger, temporarily vacant positions, positions that earn a lower salary than budgeted or due to the cancellation of supernumerary personnel in the Public Sector, shall not be used for salary increases, adjustments, leveling and/or hiring of emergency personnel nor be transferred for another purpose.
Whereas in accordance with Article 205, Attribution 32 of the Constitution of the Republic, it is within the power of the National Congress to annually approve the General Budget of Income and Expenditures of the Republic, taking as a basis the Project submitted by the Executive Branch, properly detailed and to resolve on its modification.
Whereas in accordance with Articles 11 third paragraph in its numerals 9) and 12) of the Provisions of the General Budget of Income and Expenditures of the Republic, Fiscal Year 2018, contained in Decree No.141-2017 dated January 18, 2018, published in the Official Journal "La Gaceta" dated January 19, 2018, Edition 34,546, it is established that the Health Regulatory Agency (ARSA) is assigned one hundred percent (100%) of the income it perceives for the services it provides according to Executive Decree Number PCM 032-2017 and it is authorized to receive deposits in national banks from citizens and companies for payment of health regulation services rendered within its competence, which may come through electronic payments, among others.
Whereas Article 108 of the Provisions of the General Budget of Income and Expenditures of the Republic, Fiscal Year 2018, establishes that the hiring of temporary personnel (expense subgroup 12000) shall be limited to the assignments and amounts approved in the General Budget of Income and Expenditures of the Republic, and in order to regulate these allocations, expansions through budget modifications for this expense subgroup are prohibited.
Whereas through Executive Decree Number PCM 032-2017, dated April 28, 2017, published in the Official Journal "La Gaceta" dated May 19, 2017, Edition 34,342; the Health Regulatory Agency (ARSA) was created as a deconcentrated entity of the State Secretariat in the Office of Health, with functional, technical, financial and administrative independence, responsible for supervision, verification, control, surveillance and inspection of compliance with legal, technical and administrative regulations of establishments, suppliers, products and services of sanitary interest and those that carry out activities or practice conduct that may affect or could affect the health of the population.
Whereas in accordance with Article 205 Attribution 32) of the Constitution of the Republic, it is within the power of the National Congress the annual approval of the General Budget of Income and Expenditures taking as a basis the project submitted by the Executive Branch, properly detailed and to resolve on its modification.
Whereas the WATER AND SANITATION ADMINISTRATION BOARD OF THE COMMUNITY OF LAS DELICIAS, MUNICIPALITY OF EL NEGRITO, DEPARTMENT OF YORO, is created as a civil association of mutual benefit, whose statutory provisions do not contradict the laws of the country, public order, morality and good customs, which is why it is appropriate to accede to what is requested.
Whereas the President of the Republic issued Executive Decree No.002-2002 dated twenty-eight January of the year two thousand two, by which he delegates to the State Secretary in the Offices of Governance and Justice, specific competence for the issuance of this administrative act in accordance with Articles 16, 116, 119, 120 and 122 of the General Law of Public Administration, Articles.
Articles
To reform Article 3 of Decree No. 38-2018 dated May 2, 2018, containing Decree No. 141-2017 dated January 18, 2018, regarding the PROVISIONS OF THE GENERAL BUDGET OF INCOME AND EXPENSES OF THE REPUBLIC, FISCAL YEAR 2018, which shall henceforth be read as follows:
To order all municipalities in the country to apply amnesty in the payment of fines, surcharges and interest for debts arising from municipal fees and taxes in arrears, as well as the contribution for improvements, generated until December 31, 2017. This amnesty is effective until December 31, 2018 and is applicable to natural or legal persons, regardless of whether they have or do not have payment plans or collection management".
This Decree shall enter into force as of the day of its publication in the Official Journal "La Gaceta". Done in the City of Tegucigalpa, municipality of the Central District, in the Hall of Sessions of the National Congress, on the seventh day of the month of June of two thousand eighteen. MAURICIO OLIVA HERRERA PRESIDENT JOSE TOMAS ZAMBRANO MOLINA SECRETARY SALVADOR VALERIANO PINEDA SECRETARY Therefore: Be it published. THE NATIONAL CONGRESS, WHEREAS: That the protection of health is a right of Hondurans and that it is the duty to promote and preserve personal and community health; it being the obligation of the Government of the Republic to take all measures to provide such health services throughout the national territory. WHEREAS: That historically the Secretariat of State in the Health Department has had a deficit budget formulation and that for the year 2018 it faces a major budget deficit for the payment of salaries and collateral benefits of personnel under temporary contract modality, especially medical personnel, as well as other supply needs. WHEREAS: That as a result of the budget deficit presented by the aforementioned Line Items, the Secretariat of State in the Health Department has identified financial resources, placing them at the disposal to be transferred and thus self-finance part of the deficit, to prevent this situation from impeding the provision of health services that the population demands in the short term, which is why it is necessary for the National Congress to approve the corresponding budget modification. WHEREAS: That Article 108 of the General Provisions of the General Budget of Income and Expenses of the Republic, Fiscal Year 2018, establishes that the contracting of temporary personnel (expense group 12000) shall be limited to the allocations and amounts approved in the General Budget of Income and Expenses of the Republic; therefore, increases by budget modifications for this object of expense are prohibited; with the exception of adjustments for minimum wage, reinstatements by judicial order, and lost wages. WHEREAS: That Article 128 of the General Provisions of the General Budget of Income and Expenses of the Republic, Fiscal Year 2018, establishes that savings in the allocations of basic salaries of Permanent Personnel, derived from the cancellation of positions, by the creation of positions due to merger, positions vacant temporarily, positions that earn a lower salary than budgeted, or by the cancellation of supernumerary personnel in the Public Sector, should not be used for salary increases, adjustments, level adjustments, and/or appointment of emergency personnel nor be transferred for any other purpose. WHEREAS: That in accordance with Article 205, Attribution 32 of the Constitution of the Republic, it is within the authority of the National Congress to annually approve the General Budget of Income and Expenses of the Republic, based on the Project sent by the Executive Branch, properly itemized, and to resolve on its modification. THEREFORE, DECREES:
To order the Secretariat of State in the Finance Department to modify the General Budget of Income and Expenses of the Secretariat of State in the Health Department, for Fiscal Year 2018, through the corresponding modification in the following Budget Structures: INSTITUTION 60 HEALTH SECRETARIAT TOTAL INCREASES L.131,998,799.00
The aforementioned modification shall be financed with the budget of the Secretariat of State in the Health Department through the transfer of the following structures: [Detailed budget structures table with institution codes, expenditure categories, fund sources, organization units, beneficiaries, programs, subprograms, activities, object codes, and amounts totaling L.131,998,799.00 in INCREASES]
The aforementioned modification shall be financed with the Budget of the Secretariat of State in the Health Department, through the transfer of the following structures: INSTITUTION 60 HEALTH SECRETARIAT [Detailed budget structures table with institution codes, expenditure categories, fund sources, organization units, beneficiaries, programs, subprograms, activities, object codes, and amounts showing both DECREASES and TOTAL DECREASES of L.131,998,799.00]
This Decree shall enter into force as of the day of its publication in the Official Journal "La Gaceta". [Detailed budget structures table with additional institution codes, fund sources, programs, activities, object codes and amounts, with DECREASES and TOTAL DECREASES of L.131,998,799.00]
This Decree shall enter into force as of the day of its publication in the Official Journal "La Gaceta". Done in the city of Tegucigalpa, municipality of the Central District, in the Hall of Sessions of the National Congress, on the eighth day of the month of August of two thousand eighteen. ANTONIO CÉSAR RIVERA CALLEJAS PRESIDENT JOSÉ TOMAS ZAMBRANO MOLINA SECRETARY ROSSEL RENÁN INESTROZA MARTÍNEZ SECRETARY Therefore: Be it published. DECREE No. 86-2018 Legislative Branch THE NATIONAL CONGRESS, WHEREAS: That in accordance with Articles 11 third paragraph in its numerals 9) and 12) of the Provisions of the General Budget of Income and Expenses of the Republic, Fiscal Year 2018, contained in Decree No. 141-2017 dated January 18, 2018, published in the Official Journal "La Gaceta" dated January 19, 2018, Edition 34,546, it is established that the Health Regulatory Agency (ARSA) is assigned one hundred percent (100%) of the income it receives for the concept of services it provides pursuant to Executive Decree Number PCM 032-2017 and it is authorized to receive deposits in national banks by citizens and companies for the concept of payments for health regulatory services of its competence, which may come through electronic payments, among others. WHEREAS: That Article 108 of the Provisions of the General Budget of Income and Expenses of the Republic, Fiscal Year 2018, establishes that the contracting of temporary personnel (expense subgroup 12000) shall be limited to the allocations and amounts approved in the General Budget of Income and Expenses of the Republic, and in order to regulate these allocations, increases by budget modifications for this subgroup of expenses are prohibited. WHEREAS: That by means of Executive Decree Number PCM 032-2017, dated April 28, 2017, published in the Official Journal "La Gaceta" dated May 19, 2017, Edition 34,342; the Health Regulatory Agency (ARSA) was created as a deconcentrated entity of the Secretariat of State in the Health Department, with functional, technical, financial and administrative independence, responsible for the supervision, verification, control, surveillance and inspection of compliance with legal, technical and administrative regulations of establishments, suppliers, products and services of health interest and those that conduct activities or practice conduct that may affect or could affect the health of the population. WHEREAS: That in accordance with Article 205 Attribution 32) of the Constitution of the Republic, it is within the authority of the National Congress to approve annually the General Budget of Income and Expenses based on the project sent by the Executive Branch, properly itemized, and to resolve on its modification. THEREFORE, DECREES:
To order the Secretariat of State in the Finance Department to carry out the increase in the budget allocation of Expense Sub-Group 12000 Non-Permanent Personnel of the Health Regulatory Agency (ARSA), in the amount of THIRTY MILLION FOUR HUNDRED TEN THOUSAND NINE HUNDRED TWENTY LEMPIRAS EXACTLY (L. 30,410,920.00), in the following budget structures: INCREASE
The aforementioned modification shall be financed with the budget of the Health Regulatory Agency (ARSA) through the transfer of funds from the following budget structures:
This Decree shall enter into force as of the day of its publication in the Official Journal "La Gaceta". Done in the City of Tegucigalpa, municipality of the Central District, in the Hall of Sessions of the National Congress, on the eighth day of the month of August of the year Two Thousand Eighteen. ANTONIO CÉSAR RIVERA CALLEJAS PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY ROSSEL RENÁN INESTROZA MARTÍNEZ SECRETARY Therefore: Be it published.
The organization is constituted with the denomination as a civil association of mutual benefit, of indefinite duration, non-profit, with the purpose of obtaining the effective participation of the community for the construction, operation and maintenance of the drinking water system in accordance with the current norms, procedures and regulations established in the Framework Law of the Drinking Water and Sanitation Sector and its Regulations, carrying out work of promotion and environmental health education, among the inhabitants of the community of Las Delicias.
The domicile of the Water and Sanitation Board shall be in the community of Las Delicias, municipality of El Negrito, department of Yoro and shall have operations in said community providing the drinking water service.
The water system is considered to be the delimited and protected area of the microcatchment, the physical works of capture, the communities for health purposes and the physical structures for communal work and sanitation in each of the homes.
The primary purpose of these Bylaws is to regulate the normal functioning of the Water and Sanitation Board and the different committees for the administration, operation and maintenance of the system.
The organization shall have the following objectives:
- a)
To improve the health condition of the subscribers and of the communities in general.
- b)
To ensure proper administration of the system.
- c)
To achieve adequate maintenance and operation of the system.
- d)
To obtain assistance in training to improve the drinking water service.
- e)
To obtain financing to improve the drinking water supply service.
- f)
To ensure that the population uses and manages water under hygienic and sanitary conditions in the homes in a rational manner avoiding the waste of the resource.
- g)
To manage the technical assistance necessary to properly maintain the system.
- h)
To perform surveillance work on all system components (microcatchments, aqueduct and basic sanitation).
- i)
To ensure the sustainability of drinking water and sanitation services.
To achieve the stated objectives, the organization may carry out the following activities:
- a)
Receive ordinary contributions in the form of monthly water service fees and extraordinary contributions in the form of extraordinary quotas.
- b)
Establish permanent training programs in order to improve and maintain the health of subscribers.
- c)
Increase economic assets in order to ensure proper operation and maintenance of the system.
- d)
Manage and channel financial resources from national and international entities.
- e)
Coordinate and associate with other public and private institutions to maintain the system.
- f)
Promote the integration of the community involved in the system.
- g)
Conserve, maintain, and increase the area of the microwatershed.
- h)
Undertake any activity that tends to improve health and/or conserve the system. CHAPTER III OF MEMBERS AND CLASSES OF MEMBERS
The Water and Sanitation Administration Board shall have the following categories of members: a.- Founders; and, b.- Active. Founding Members: Are those who subscribed to the Constitution Act of the Water Board. Active Members: Are those who participate in the Users' Assemblies.
The rights of members are:
- a)
Both classes of members have the right to voice and vote.
- b)
Elect and be elected.
- c)
Present initiatives or projects to the Board of Directors.
- d)
Raise petitions or initiatives that benefit the proper management of services.
- e)
Present claims to the service provider for deficiencies in service quality.
- f)
Receive timely notice of scheduled service interruptions, modifications to tariffs, and any event that affects their rights or modifies the quality of service they receive.
The obligations of members are: a.- Connect to the sanitation system. b.- Make proper use of services without damaging or putting at risk the infrastructure. CHAPTER IV OF THE ORGANS AND POWERS OF EACH ORGAN
The direction, administration, operation and maintenance throughout the entire system shall be under the charge of:
- a)
Users' Assembly.
- b)
Board of Directors.
- c)
Support Committees. OF THE USERS' ASSEMBLY
The Users' Assembly is the supreme authority of the community at the local level, expressing the collective will of the subscribers duly convened.
The functions of the Users' Assembly are:
- a)
Elect or remove the members of the Board of Directors.
- b)
Address matters related to the interests of the Board.
- c)
Appoint support commissions or committees. OF THE BOARD OF DIRECTORS
After the Users' Assembly, the Board of Directors is the most important governing body of the Water and Sanitation Board and shall serve for a period of two years and may be reelected for one additional period, exercising said positions ad honorem. To be a member of the Board of Directors, one must comply with the requirements established in articles 36 and 37 of the General Regulations of the Framework Law of the Drinking Water and Sanitation Sector. It shall be composed of seven (7) members:
- a)
A President.
- b)
A Vice President.
- c)
A Secretary.
- d)
A Treasurer.
- e)
An Inspector.
- f)
A First Vocal. h.- A Second Vocal.
The Board of Directors shall have the following powers:
- a)
Maintain a budget of income and expenses.
- b)
Prepare and execute the annual work plan.
- c)
Coordinate and execute basic sanitation activities, operation and maintenance of the water system.
- d)
Collect monthly tariffs and other cash income from the water service in the community.
- e)
Deposit funds from tariff collections and other cash income from the water service in the community.
- f)
Present reports to the General Assembly of subscribers every three months.
- g)
Cancel or suspend the water service.
- h)
Monitor and protect water supply sources, preventing their contamination and carrying out protection and reforestation actions of the microwatershed.
- i)
Monitor the maintenance of sanitary works in the homes of subscribers.
The powers of the PRESIDENT are:
- a)
Convene sessions.
- b)
Open, preside over, and close sessions.
- c)
Prepare the agenda together with the Secretary.
- d)
Authorize and approve the minutes of sessions with the Secretary.
- e)
Authorize and approve with the Treasurer any document that implies disbursement of funds.
- f)
Exercise the legal representation of the Water Board.
The powers of the VICE PRESIDENT are:
- a)
Substitute for the President in case of temporary or permanent absence; in the latter case, approval by simple majority of the General Assembly shall be required.
- b)
Oversee the commissions that are established.
- c)
Other powers assigned to him by the Board of Directors or the General Assembly.
The powers of the SECRETARY are:
- a)
Maintain the book of minutes.
- b)
Authorize with his signature the actions of the President of the Board of Directors, except those related to funds.
- c)
Handle correspondence.
- d)
Convene together with the President.
- e)
Maintain the register of subscribers.
- f)
Organize the files of the Water and Sanitation Board.
- g)
Management of labor payroll.
The powers of the TREASURER are: The Treasurer is responsible for managing funds and archiving documents indicating income and expenses:
- a)
Collect and administer funds from service contributions and other income intended for the system.
- b)
Respond jointly with the President for the management and custody of funds to be deposited in a bank account or cooperative system account.
- c)
Keep up to date and with clarity the record and control of operations related to cash entries and exits of the Treasury of the Board (book of entries and exits, receipt books for income and expenses, monthly water payments).
- d)
Report monthly to the Board on the economic and financial maintenance (bank account) with a copy to the Municipality.
- e)
Provide subscribers with explanations they request about their accounts.
- f)
Maintain an inventory of the Board's assets.
- g)
Authorize jointly with the President all disbursement of funds.
- h)
Present to the Assembly a report of income and expenses in quarterly and annual form with a copy to the Municipality.
The powers of the INSPECTOR are:
- a)
Is responsible for overseeing the funds of the organization.
- b)
Supervise and coordinate the administration of funds from service contributions and other income intended for the system.
- c)
Inform the members of the Board of Directors of any irregularities found in the administration of the funds or assets of the Board.
- d)
Maintain control and conduct the audits necessary to obtain transparent administration of the organization's assets.
The powers of the VOCALS are:
- a)
Perform a position in a temporary or permanent manner assigned by the Assembly or the Board of Directors and assist in convening the Assembly.
- b)
The First Vocal shall coordinate the Basic Sanitation Committee.
- c)
The Second Vocal shall coordinate the Microwatershed Committee and its functions shall be specified in the respective Regulations.
To address matters related to the system and create communication and coordination in the community, meetings shall be held as follows: a.- Quarterly in ordinary form and when urgent in extraordinary form. b.- The Board of Directors shall meet once per month. SUPPORT COMMITTEES
The Board of Directors shall have the following Support Committees:
- a)
Operation and Maintenance Committee.
- b)
Microwatershed Committee.
- c)
Sanitation Committee.
- d)
Oversight Committee.
These Committees shall be integrated into the structure of the Board of Directors; their specific function is to coordinate all operation, maintenance, and conservation work of the microwatershed and the health of subscribers at the time and in the manner determined by the Users' Assembly and the regulations that shall be issued to designate their specific functions and internal structure, always having to incorporate as a member of the Operation and Maintenance Committees and the Microwatershed Committee the Auxiliary Mayor and the Health Promoter assigned to the zone as a member of the Sanitation Committee. CHAPTER V OF ASSETS
The economic resources of the Administrative Board may be constituted by:
- a)
Monthly water charges, sale of connection rights, fines, as well as capitalized interest.
- b)
Movable or immovable property and labor contributed by subscribers.
- c)
The facilities and physical works of the system.
- d)
Donations, inheritances, bequests, loans, rights, and privileges received from natural or legal persons.
The economic resources of the Administrative Board shall be used exclusively for the use, operation, maintenance, improvement, and expansion of the system. CHAPTER VI OF DISSOLUTION AND LIQUIDATION
Causes of Dissolution:
- a)
By Judicial Sentence.
- b)
By resolution of the Executive Branch.
- c)
By changing the objectives for which it was established.
- d)
By any cause that makes the continuity of the Water Administrative Board impossible.
- e)
By agreement of 2/3 of its members. The decision to Dissolve the Water Administrative Board shall be resolved in an Extraordinary Assembly convoked for this purpose and shall be approved by the absolute majority of its duly registered members. Once the Association is dissolved, liquidation shall proceed, and all obligations contracted with third parties must be fulfilled, and the remainder, if any, shall be donated exclusively to philanthropic organizations, provided that these are not for-profit, as designated by the Users' Assembly, likewise complying with what is stipulated in the Civil Code for its dissolution and liquidation. CHAPTER VII GENERAL PROVISIONS
The financial year of the Water and Sanitation Board shall coincide with the fiscal year of the Government of the Republic.
The programs, projects, or activities that the Board executes shall not be detrimental to nor hinder those carried out by the State; rather, they shall have the purpose of complementing them by mutual agreement at the discretion of the latter.
Related laws
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- Acuerdo No. 307-2017 — Adscribir las Direcciones y Unidades Internas de la Secretaría de Estado a las Subsecretarías de Estado y establecer funciones de la Dirección de Regulación (Decree 307-2017, 2018)
- Acuerdo Ministerial No. 307-2017 — Adscribir Direcciones y Unidades a Subsecretarías de la Secretaría de Gobernación, Justicia y Descentralización (Decree 307-2017, 2018)
- Acuerdo Ministerial No. 307-2017 — Adscripción de Direcciones y Unidades a Subsecretarías de Gobernación, Justicia y Descentralización — This agreement reorganizes the Secretariat of Governance, Justice and Decentralization by distributing its departments between two sub-secretariats: one for Justice (including conflict resolution and civil associations registry) and another for Governance and Decentralization (including state decentralization and municipal development). It defines specific functions for registering and monitoring non-profit civil associations. (Decree 307-2017, 2018)
- Acuerdo Ministerial No. 5952-2018 — Modificación y autorización del Listado Nacional de Medicamentos Esenciales (Decree 5952-2018, 2018)