Decree 902

The exercise of the profession of Agricultural Engineering corresponds to the members of the College of Agricultural Engineers of Honduras. All acts and contracts executed in contravention of this article are null.

The following shall be considered as activities proper to Agricultural Engineering, among others:

• a)

  Planning, execution and supervision of Projects that comprise the different branches of agricultural science.

• b)

  Surveying and leveling of lands with agricultural vocation.

• c)

  Irrigation and Drainage Works.

• d)

  Feasibility studies and evaluation of agricultural projects.

• e)

  Appraisals, expert opinions and expert assessments related to agronomic activity.

• f)

  Technical direction of agricultural works.

• g)

  Edaphological and meteorological expert assessments.

• h)

  All those activities that, in accordance with the advancement and evolution of Agricultural Engineering, may arise in the future.

The resolutions emanating from the General Assembly or from the Board of Directors, in compliance with this law or its Regulations, shall be mandatory for compliance by all its members.

In the register of Members maintained by the Secretary, a number shall be assigned to each member, which shall be recorded in the Certificate of Membership.

It is prohibited for the College, as such, to participate in sectarian activities of a political or religious nature.

Upon joining, they shall take the following oath: "I swear by my honor to comply with and enforce the Organic Law of the College of Agricultural Engineers of Honduras and its Regulations and to respect the same interests thereof." The same oath shall be taken by elected members of the Honor Tribunal, Special Commissions, Representatives, and new members upon joining.

Being an organization without profit purposes, the College shall be exempt from the payment of taxes on the income it receives.

This Law shall enter into force from the day of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, Central District on the twenty-second day of the month of March of nineteen hundred eighty.

The College of Mechanical, Electrical and Chemical Engineers of Honduras is hereby created with legal personality and its own assets, which shall be governed by the Law of Mandatory Professional Membership, by this Law and its Regulations, and in matters not provided for, by the other applicable laws. The domicile of the College shall be the Capital of the Republic, and it may establish local organizations in any place in the country.

The College shall have as its object to comply with and promote, in relation to the profession of Mechanical, Electrical and Chemical Engineers, the following objectives and purposes:

• a)

  To regulate the exercise of the profession of Mechanical, Electrical and Chemical Engineers in its different modalities, throughout the country;

• b)

  To promote the integration of professionals dedicated to Mechanical, Electrical and Chemical Engineering in Honduras, in economic, cultural, ethical, professional and technical aspects;

• c)

  To collaborate with the State in the fulfillment of its public functions;

• d)

  To collaborate, when requested, in the basic advising of studies for the training of Professionals of Mechanical, Electrical and Chemical Engineers;

• e)

  To maintain and stimulate the spirit of unity of professionals in the field of Mechanical, Electrical and Chemical Engineers;

• f)

  To promote solidarity and mutual aid among Members;

• g)

  To ensure that ethical standards are observed in the exercise of the profession;

• h)

  To found and maintain the House of Mechanical, Electrical and Chemical Engineers and its institutions, establishing in other places in the country, as their importance warrants, the necessary centers;

• i)

  To issue opinions on matters of national character, cooperating in their resolution;

• j)

  To regularly publish its organ of professional dissemination and to suggest the publication at the College's expense, when its economic situation permits, of works related to the profession;

• k)

  To establish the College Library;

• l)

  To promote cultural and sports recreational activities;

• m)

  To carry out any other activity for the benefit of the profession and the community.

The College of Mechanical, Electrical and Chemical Engineers is composed of professionals graduated in Honduras and professionals graduated abroad, prior to their incorporation at the National Autonomous University of Honduras.

Those who wish to exercise the profession of Mechanical, Electrical or Chemical Engineers may do so provided they previously register with the College.

Any member may withdraw from the College. The Regulations shall determine the form of withdrawal and reinstatement.

Notwithstanding being included in the categories referred to in Article 3 of this Law, those who have been sanctioned by virtue of a final judgment for common crimes shall not be able to be members of the College, while serving confinement.

The obligations of Members are:

• a)

  To adjust their professional conduct to the ethical norms adopted by the College;

• b)

  To seek the scientific advancement of the profession and its prestige;

• c)

  To attend general assemblies, ordinary and extraordinary, in person or through a representative;

• d)

  To perform the positions and commissions assigned to them;

• e)

  To pay the ordinary and extraordinary fees and contributions that may be agreed upon;

• f)

  To record the membership registration number in all professional documents they issue, prepare or in which they intervene;

• g)

  To report to the Board of Directors the illegal exercise of the profession;

• h)

  To ensure that relations among members are characterized by feelings of solidarity and brotherhood;

• i)

  In general, to contribute to the achievement of the College's objectives.

The following are the rights of members:

• a)

  To freely practice the profession, in accordance with this Law and the rules established by the College;

• b)

  To enjoy the benefits corresponding to members of the College;

• c)

  To participate with voice and vote in the deliberations;

• d)

  To elect and be elected to any position in the College;

• e)

  To obtain the College Membership Card that accredits them as members of the College; and,

• f)

  To agree upon their professional fees provided that such fees are not less than the rate established in the Professional Fee Schedule, duly approved by the Legislative Branch. CHAPTER V PATRIMONY OF THE COLLEGE

The patrimony of the College shall consist of:

• a)

  Ordinary and extraordinary contributions;

• b)

  The fee for registration rights;

• c)

  Income from fines imposed in accordance with this Law and its regulations;

• d)

  Donations, inheritances, and bequests accepted by the College;

• e)

  Movable and immovable property that it acquires; and,

• f)

  Any other income it receives from lawful activities.

Only the General Assembly may establish contributions and fees, their amount, periods and form of payment, and other modalities related thereto. CHAPTER VI ORGANIZATION

The College of Mechanical, Electrical and Chemical Engineers of Honduras shall have the following Bodies:

• a)

  The General Assembly;

• b)

  The Board of Directors;

• c)

  The Court of Honor;

• d)

  Special Commissions. CHAPTER VII THE GENERAL ASSEMBLY

The General Assembly is the supreme body of the College and shall be formed by the members duly convened and may be ordinary or extraordinary. The Ordinary General Assembly shall be held twice a year, in the month of January and in the month of July, in accordance with the respective regulation. The General Assembly shall meet when the judgment of the Board of Directors deems it necessary or when requested in writing by a number not less than five (5) percent of the members with the right to vote, but in no case shall the number of requesters be less than ten.

General Assemblies shall be held with prior notice, which shall be made through notification to each member of the College and through announcements in the spoken and written press. The notice must be made with eight (8) days' notice prior to the date set for its celebration, stating the purpose of the meeting in the notice.

For a General Assembly to be considered legally constituted, the attendance of more than half of the members is required, in the place, date and time indicated in the Notice. If there is no quorum, it shall be reconvened for the following day, in the same place and time, and shall be considered validly constituted, regardless of the number of members present.

The matters submitted to the knowledge of the General Assembly shall be resolved by simple majority of votes of those present. Voting shall be direct and secret in the cases determined by this Law and its Regulation. Each member of the College shall have the right to one personal vote, and if a member represents another member or proxy, it shall be accredited by simple letter. The resolutions of the General Assembly within its jurisdiction are final and enforceable against the Amparo remedy.

The powers of the General Assembly are:

• a)

  To propose through the corresponding channels, reforms or modifications to this Law;

• b)

  To elect the members of the Board of Directors and the Court of Honor;

• c)

  To establish the registration fee, as well as ordinary and extraordinary contributions;

• d)

  To approve the Annual Budget of the College, based on the budget submitted by the Board of Directors;

• e)

  To propose the approval of the Professional Fee Schedule for those services provided where there is no employment or public service relationship;

• f)

  To approve the reports, acts and Annual Report of the Board of Directors;

• g)

  To resolve the petitions filed against the resolutions of the Board of Directors or against those of the last paragraph of this Law; and h) All others conferred by this Law or the Regulations; as well as those not assigned to other bodies of the College. CHAPTER VIII THE BOARD OF DIRECTORS

The Board of Directors is the executive body, responsible for the direction and governance of the College. It shall be composed of nine regular members as follows: One President, one Vice President, one Secretary, one Treasurer and five Vocal Members, elected in the first ordinary session of the Ordinary General Assembly, by public and secret vote of the members. They shall serve for one year in their functions, and immediate successors shall be elected and duly sworn in. The representation of the College shall correspond to whoever has such powers, and in the Plenary, in the cases established by Law.

To be a member of the Board of Directors, the following requirements are necessary:

• a)

  To be a member of the College in full exercise of the rights conferred by this Law;

• b)

  Not to have pending accounts with the College; and,

• c)

  Not to have kinship within the fourth degree of consanguinity or second degree of affinity with any of the other members of the Board of Directors.

The powers of the Board of Directors, in accordance with what is expressly stated in the Law of Mandatory Professional College Membership, are the following:

• a)

  To comply with and ensure compliance with the provisions of this Law and its regulations, as well as the resolutions of the General Assembly;

• b)

  To ensure the faithful compliance with the purposes and objectives of the College;

• c)

  To call the ordinary and extraordinary sessions of the General Assembly, in the manner indicated by this Law;

• d)

  To present annually to the General Assembly the draft budget of income and expenses, with a detailed report of its work and a circumstantial account of the administration of funds;

• e)

  To administer the patrimony of the College;

• f)

  To apply the sanctions submitted by the General Assembly;

• g)

  To grant leave to its members, for justified cause, to temporarily separate from their duties;

• h)

  To coordinate and carry out College publications;

• i)

  To publish annually the complete list of all members authorized to practice the profession and monthly the changes and modifications that occur;

• j)

  To create and coordinate the commissions it deems necessary and to designate the members who should constitute them;

• k)

  To designate the College Representatives in the Departments;

• l)

  To designate temporarily, in case of absence or temporary impediment of one or more of its members, the persons who should substitute them;

• m)

  To prepare draft regulations and issue the pertinent provisions for the efficient operation of the College; and,

• n)

  The other powers determined by this Law and its Regulations. CHAPTER IX POWERS OF THE MEMBERS OF THE BOARD OF DIRECTORS

The powers of the President are:

• a)

  To preside over the sessions of the General Assemblies and those of the Board of Directors;

• b)

  To formulate the agenda corresponding to each session and to direct the deliberations;

• c)

  To decide with double vote, in case of tie, in the General Assemblies and in the sessions of the Board of Directors, in both cases in the second vote;

• d)

  To grant leave for just cause, for up to fifteen (15) days to the members of the Board of Directors;

• e)

  To appoint commissions in defense of the Board of Directors in case of urgency;

• f)

  To sign jointly with the Treasurer the checks for withdrawal of funds;

• g)

  To sign with the Treasurer the orders of payment of the College;

• h)

  To sign with the Secretary the minutes of the sessions, agreements and resolutions, authorizing with Approved By the receipts against the Treasury and the payment orders;

• i)

  To order the practice of audits and reviews;

• j)

  To convene sessions of the Board of Directors;

• k)

  To receive the oath of office from the members upon incorporation, and from the College officials appointed or elected upon taking possession of their positions;

• l)

  To promote to the Board of Directors the appointment or removal of College employees;

• ll)

  To represent the College in official and cultural acts; and,

• m)

  To authorize with the Secretary the College Membership Certificates.

The powers of the Vice President are:

• a)

  To substitute for the President in case of absence or temporary impediment of the latter;

• b)

  To perform the activities assigned to him by the President.

The powers of the Secretary are:

• a)

  To keep or maintain custody of the following books: Register of Members, Minutes and Agreements of the General Assemblies and the Board of Directors; and such others as it determines;

• b)

  To draft its minutes, agreements, resolutions and communications;

• c)

  To issue certifications;

• d)

  To register the members by taking note of their titles or qualifications or to issue the College Membership Certificate;

• e)

  To issue the necessary notices;

• f)

  To organize, preserve and maintain custody of the College's files;

• g)

  To draft the annual report of the College's activities, which shall be presented at the opening session of the Ordinary General Assembly;

• h)

  To carry out the coordination of the College under the direction of the President; and,

• i)

  To receive and transmit the requests and communications addressed to the College and to its different bodies.

The following are the powers and duties of the Treasurer:

• a)

  To administer, under his responsibility, the assets of the College;

• b)

  To collect the contributions that members are obligated to pay;

• c)

  To make payments of the College with proper authorization;

• d)

  To maintain the necessary accounting books;

• e)

  To present monthly a statement of accounts to the Board of Directors and at the end of each year a detailed general statement of accounts;

• f)

  To provide a bond prior to assuming office in the amount established by the Board of Directors; and,

• g)

  To deposit the funds of the College in its name in a Banking Institution of the country, either in cash or in securities of immediate conversion, as the Board of Directors may determine.

The following are the powers and duties of the Inspector:

• a)

  To ensure compliance with this Law and its Regulations;

• b)

  To intervene in the audits and reviews that are conducted;

• c)

  To examine the Treasurer's accounts and render the respective report to the General Assembly. For such purpose, he may obtain the advice he deems necessary; and,

• d)

  To exercise the legal representation of the College.

The following are the powers and duties of the Alternate Members: a) To substitute in the order of their election to the other members of the Board of Directors, consecutively to the Inspector and to the Treasurer, in case of temporary justified absence of the latter; and, b) To collaborate in the various activities carried out by the College.

The Court of Honor shall be the body responsible for reviewing the professional conduct of members in accordance with the Professional Code of Ethics.

The Court of Honor shall be composed of seven (7) members, elected in the first regular session of the General Assembly and shall take office on the same date. Their period of work shall be one year. The position is mandatory and irrevocable for all members who are elected. In its first session, the Court of Honor shall elect from among its members a President and a Secretary.

To be a member of the Court of Honor, the following are required:

• a)

  To be a member of the College in full exercise of the rights conferred by this Law;

• b)

  To have practiced the profession for a minimum of ten (10) years;

• c)

  To be of recognized honorability; and,

• d)

  Not to have been subject to serious sanction by the College nor to disreputable conduct.

The following are the powers and duties of the Court of Honor: a) To hear complaints or reports regarding the professional conduct of members, with the Board of Directors referring to the General Assembly as the case may be, the corresponding sanctions and submitting the matter to the General Assembly; and, b) The resolution of controversies that may arise between members regarding what is established in subsections e) and g), which shall be applied by the General Assembly.

The Court of Honor shall meet at the seat of the College, by means of convocation by the President thereof.

The proceeding before the Court of Honor may be initiated ex officio, at the instance of a party, or by report of the College Inspector. Such proceeding shall be conducted in accordance with the guarantees of due process, evaluation of evidence in accordance with sound and independent judgment, which will enable the Court of Honor to establish the truth of the facts.

Once the investigation is opened, the Court shall order the citation of the accused to appear personally or by means of a representative to receive the statement of charges. The answers and pertinent evidence shall be presented within the period of eight (8) days, plus the distance time provided in Article 206 of the Code of Civil Procedure, as applicable; the evidence shall be practiced within the following five (5) days following the closing of the reply period.

The decision rendered by the Court of Honor shall comply with what is prescribed in this Law and shall be taken by secret vote, with the attendance of all members and by majority of votes. Unjustified absence of its members during the period of temporary suspension in the exercise of their offices, which shall be imposed by the Board of Directors.

The decision of the Court of Honor shall be notified by its Secretary, personally, if the parties appear at the Office, if they do not appear, notification shall be made by means of oral communication to the representative of the College.

The decisions of the Court of Honor shall be communicated to the Board of Directors, for compliance or to communicate, as the case may be, to the General Assembly.

The decisions of the Court of Honor are final and non-appealable when the judgment has been confirmed by the General Assembly.

The authorities of the College may impose upon its members the following sanctions:

• a)

  Private reprimand by the Board of Directors, for negligence or inexcusable ignorance in the exercise of the profession;

• b)

  Public reprimand or admonition concerning violation of Professional Ethics, against professional duty or misconduct in the profession;

• c)

  Fine in accordance with the Regulations, which shall be applied by the Board of Directors;

• d)

  Disqualification from holding positions of election or appointment within the College; and,

• e)

  Temporary suspension from the exercise of the profession for a period of six months to three years. The sanctions referred to in subsections d) and e) shall be applied by the General Assembly.

Members who, without justifiable cause, fail to pay more than six consecutive ordinary dues, shall be required to pay them during the following month, under penalty of suspension from the practice of the profession for one year.

The reiteration on three occasions of acts to which the sanction of public reprimand has been applied shall be sanctioned as subsections y) or d) of Article 37, and shall be sanctioned for a period of up to the rights corresponding to members of the College.

Once the sanctions of subsections c) and d) of Article 37 and Article 38 have been complied with, the immediate rehabilitation of the sanctioned party shall occur. CHAPTER XII GENERAL PROVISIONS

Members of the College upon joining it shall take the following oath: "I promise to be faithful to the College of Mechanical, Electrical and Chemical Engineers of Honduras, to honor its principles and to comply with this Organic Law and other provisions that it may enact for its purposes." The same oath shall be taken, upon taking office, by the elected members of the Court, elected members of the Court of Honor, commissions, representatives and new members upon joining.

Pending the election of the Board of Directors of the College, the Board of the Honduran Association of Mechanical, Electrical and Chemical Engineers shall assume the functions corresponding to them, being authorized to proceed with the incorporation of members of the College and to call for the celebration of the first General Assembly of the College, which shall be held two months after this Law enters into effect.

This Law shall enter into force twenty-two days after its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, Central District, at the Government House, on the twenty-second day of the month of March of nineteen hundred eighty. POLICARPO PAZ GARCIA DOMINGO ANTONIO ALVAREZ CRUZ AMILCAR ZELAYA RODRIGUEZ and the Secretary of State in the Offices of Governance and Justice, José Cristóbal Díaz García; the Secretary of State in the Office of Foreign Relations, Eliseo Pérez Cadalso; the Secretary of State in the Offices of National Defense and Public Security, Diego Landa Celano; the Secretary of State in the Office of Public Education, Eugenio Matute Canizales; the Secretary of State in the Offices of Finance and Public Credit, Valentín Mendoza A.; the Secretary of State in the Office of Economy, Carlos Manuel Zerón; the Secretary of State in the Offices of Communications, Public Works and Transportation, Mario Flores Theresín; the Secretary of State in the Offices of Public Health and Social Assistance, Luis Cousin; the Secretary of State in the Offices of Labor and Social Security, Adalberto Discua Rodríguez; the Secretary of State in the Office of Natural Resources, Rafael Leonardo Calejas; the Secretary of State in the Offices of Culture and Tourism, Armando Alvarez Martínez; the Executive Secretary of the Superior Council of Economic Planning, Virgilio Cáceres Pineda; the Executive Director of the National Agrarian Institute, Manuel Enrique Suárez Benavides.