Leyes.HN
Search with AI

Jump to

Support Leyes.HN

Leyes.HN is free for everyone. Your donation helps keep it that way.

Donate
July 23, 2016In force

Modification of the Organic Structure of the National Agrarian Institute

Poder Ejecutivo

  • Decree: 266-2013
  • Published: July 23, 2016
  • Issuing body: Poder Ejecutivo
  • Gazette: 34,093
  • Category: Administrative

Summary

AIThis summary was generated by AI and may contain errors. Always verify against the original law text below. Not legal advice. Learn how we use AI

This decree reorganizes the National Agrarian Institute (INA) to make it more efficient. It closes regional and sectoral offices in several departments, eliminates the division for indigenous and Afro-Honduran peoples' services, and creates a new structure with specialized divisions for land titling, food security, and technical assistance. Affected employees will receive labor severance payments.

Considerations

That in accordance with Article 245 of the Constitution of the Republic of Honduras, it corresponds to the Constitutional President of the Republic the General Administration of the State, being among other his attributions the power to issue Agreements, Decrees and specifications and Resolutions in accordance with the Law.

That Article 11 of the General Law of Public Administration provides that the President of the Republic is in charge of the supreme direction and coordination of the Centralized and Decentralized Public Administration, being able in the exercise of his functions to act by himself or in Council of Ministers.

That Article 22 numeral 3) of the General Law of Public Administration states that it is an attribution of the Council of State Secretaries to "Create, modify, merge, divide or eliminate dependencies of the Public Administration".

That the National Agrarian Institute (INA), in accordance with Article 131 of the Agrarian Reform Law approved by Decree No. 170 of December 30, 1974, which came into force on January 14, 1975, is a semi-autonomous Institution, with legal personality and its own assets, and whose purpose is contained in Article No. 1 of said Law.

That in accordance with Article 136 of the Agrarian Reform Law, the superior direction of the National Agrarian Institute shall correspond to the Head of the Executive Branch.

That subsection b) of Article 144 of the Agrarian Reform Law provides that the Executive Director of the INA shall propose to the Head of the Executive Branch the internal organization of the Institute.

That an exhaustive study has been made of the current organic structure of the National Agrarian Institute, by means of which it was determined that the mission was not adequate so that the institution would be the instrument of transformation of the agrarian structure of the country, adapted to the intensity of land tenure that guarantees social justice in the countryside, legal security, technical assistance to peasant beneficiaries of agrarian reform processes, food production, titling and timely resolution of conflicts. That the new administrative structure implies the necessity of reducing the number of employees of each of the Central Offices, Regional and Sectoral Offices distributed at the national level, with the purpose of fulfilling the primary objective of agrarian reform and making it technically and financially viable.

That modern computer science techniques make administrative procedures efficient with a minimum of personnel, with a considerable reduction in public spending, for which reason it is necessary to minimize administrative personnel and strengthen the administration of the State with technical personnel.

Amendments

Articles

Article 1.-

Modify the organic structure of the National Agrarian Institute (INA), in accordance with the following provisions: 1) Eliminate the Regional Agrarian Office for the Department of Francisco Morazan, currently operating in the Municipality of Talanga. 2) Eliminate the following Sectorial Offices:

  • a)

    With headquarters in the Village of San Juan Pueblo, Municipality of Esparta, in the Department of Atlantida, assigned to the Regional Agrarian Office for the Atlantic Coastal Zone;

  • b)

    With headquarters in the Municipality of Tela, Department of Atlantida, assigned to the Regional Agrarian Office for the Atlantic Coastal Zone;

  • c)

    With headquarters in the Municipality of Puerto Lemprira, Department of Gracias a Dios, assigned to the Regional Agrarian Office for the Atlantic Coastal Zone;

  • d)

    With headquarters in the Sico and Paulaya Zone, in the Municipality of Iriona, in the Department of Colon, assigned to the Regional Agrarian Office for the Lower Aguan Zone;

  • e)

    With headquarters in the Municipality of Olancho, Department of Oyo, assigned to the Regional Agrarian Office for the Lower Aguan Zone;

  • f)

    With headquarters in the Municipality of Saba, Department of Colon, assigned to the Regional Agrarian Office for the Lower Aguan Zone;

  • g)

    With headquarters in the Municipality of Marcala, Department of La Paz, assigned to the Regional Agrarian Office for the Central Zone;

  • h)

    With headquarters in La Paz, Department of La Paz, assigned to the Regional Agrarian Office for the Central Zone;

  • i)

    With headquarters in the Municipality of La Esperanza, Department of Intibuca, assigned to the Regional Agrarian Office for the Central Zone;

  • j)

    With headquarters in the Municipality of Sabanagrande, Department of Francisco Morazan, assigned to the Regional Agrarian Office for the Francisco Morazan Zone;

  • k)

    With headquarters in the Municipality of Yoro, Department of Yoro, assigned to the Regional Agrarian Office for the Northern Zone;

  • l)

    With headquarters in the Municipality of Catacamas, Department of Olancho, assigned to the Regional Agrarian Office for the Department of Olancho;

  • m)

    With headquarters in the Village of la Entrada, Municipality of Nueva Arcadia, in the Department of Copan, assigned to the Regional Agrarian Office for the Western zone;

  • n)

    With headquarters in the Municipality of Nueva Ocotepeque, in the Department of Ocotepeque, assigned to the Regional Agrarian Office for the Western zone; o) With headquarters in the Jamastrán Zone, Municipality of Danlí, in the Department of El Paraíso, assigned to the Regional Agrarian Office for the Eastern Zone; p) With headquarters in the El Ojo de Agua Zone, Municipality of Yuscarán, in the Department of El Paraíso, assigned to the Regional Agrarian Office for the Eastern Zone; q) With headquarters in the Municipality of Nacaome, in the Department of Valle, assigned to the Regional Agrarian Office for the Southern Zone; and, r) With headquarters in the Las Hormigas Zone, Municipality of El Triunfo, Department of Choluteca, assigned to the Regional Agrarian Office for the Southern Zone. 3) Eliminate the Division of Attention to Indigenous and Afro-Honduran Peoples, which comprises the Division Head, Legal Advisory Department, Technical Advisory Department and the Business Development Department.

Article 2.-

Create the new internal structure of the National Agrarian Institute in order to respond to the objective of the institution in accordance with the Constitution of the Republic and the Agrarian Reform Law in the following manner:

  • 1)

    Executive Directorate Units Assigned to the Executive Directorate a) Transparency; b) Agrarian Ombudsman; c) Internal Audit; d) Legal and Technical Advisory; e) Public Relations; and, f) Unit of Planning and Evaluation of Management.

  • 2)

    General Secretariat a) General Archives Department; and, b) Agrarian Registry Department.

  • 3)

    Directorate of Food Security, Technical Assistance and Projects; a) Department of Consolidation, Assistance for the management of EACPs; b) Department of technical assistance for production of basic grains, post-harvest and livestock production and minor species; c) Department of External Cooperation.

  • 4)

    Directorate of Legal Security a) Department of land sanitation, updating and modernization of the Agrarian Cadastre; b) Department of Territorial Planning; and, c) Department of Land Review.

  • 5)

    Directorate of Titling a) Department of Legalization of land in the individual sector; b) Department of Legalization of land in the reformed and indigenous sector; and, c) Department of Receipt of files and quality control.

  • 6)

    Directorate of Attention to Indigenous and Afro-Honduran Peoples a) Department of Technical Advisory; and, b) Department of Business Development.

  • 7)

    Administrative and Financial Directorate a) Budgetary Department; and, b) Accounting Department. b.1 Section of Agrarian Debt c) Department of Procurement c.1 Warehouse Section d) Department of Treasury; e) Department of General Services and Transportation; f) Local Unit Administrator of National Assets; and, g) Department of Computing.

  • 8)

    Directorate of Human Talent Management 7.1 Department of Knowledge Management.

  • 9)

    Regional Offices a) Secretariat; b) Ombudsman; c) Land Titling; d) Food Security, Technical Assistance and Projects; e) Legal and Technical Advisory; f) Administration; and, g) Sectorial Offices.

Article 3.-

Proceed on the basis of the internal structure approved here, to the cancellation of work positions that are unnecessary to the function of the National Agrarian Institute, consequently terminate the employment contracts of employees and officials who have been bound by them and through negotiation before the administrative labor authority, to the payment of labor benefits and indemnifications that correspond to their right.

Article 4.-

The Secretary of State in the Ministry of Finance shall take the necessary measures for the execution of the mandate established in this Decree.

Article 5.-

The payment of labor benefits and indemnifications generated by the modification of the internal organic structure of the National Agrarian Institute, the Secretary of State in the Ministry of Finance, jointly with the General Coordination of Government and a Delegate of the Executive Directorate of the National Agrarian Institute, shall integrate a Commission that shall be in charge of the negotiations and procedures required for the payment of benefits and indemnifications of the terminated personnel.

Article 6.-

In order to comply with the labor transfer obligations generated by the restructuring of the National Agrarian Institute, said Institute is authorized to initiate proceedings for the sale of assets, understood as real and personal property owned by this institution, through public auction in accordance with the provisions of Executive Decree No. PCM-047-2015 published in the Official Gazette La Gaceta on September 14, 2015 and Executive Agreement number 477-2014 published in the Official Gazette La Gaceta dated July 26, 2014, containing the Regulations on State Assets. With respect to the corporate shares that said Institute holds, the sale thereof shall be made in accordance with the provisions contained in the Commercial Code. In the same manner, the Local Unit Administrator of Assets of the INA is instructed so that prior to the payment of labor benefits and indemnifications that may correspond to employees who will be terminated, the inventory of assets charged to each employee is verified for the issuance of the corresponding settlement as one of the requirements for the payment of their labor benefits.

Article 7.-

This Decree shall enter into force as of its publication in the Official Gazette La Gaceta. Given in the Constitutional Hall of the Presidency of the Republic, in the city of Tegucigalpa, M.D.C., on the thirteenth (13) day of the month of July of the year two thousand sixteen (2016). LET IT BE COMMUNICATED AND PUBLISHED. JUAN ORLANDO HERNANDEZ ALVARADO PRESIDENT OF THE REPUBLIC JORGE RAMON HERNANDEZ ALCERRO SECRETARY OF GENERAL COORDINATION OF GOVERNMENT REINALDO ANTONIO SANCHEZ SECRETARY OF THE PRESIDENCY LEONEL AYALA SECRETARY OF STATE IN THE MINISTRIES OF HUMAN RIGHTS, JUSTICE, GOVERNANCE AND DECENTRALIZATION MARIA DOLORES AGÜERO SECRETARY OF STATE IN THE MINISTRIES OF FOREIGN AFFAIRS AND INTERNATIONAL COOPERATION, BY LAW RICARDO LEONEL CARDONA SECRETARY OF STATE IN THE MINISTRIES OF DEVELOPMENT AND SOCIAL INCLUSION ARNALDO CASTILLO SECRETARY OF STATE IN THE MINISTRY OF ECONOMIC DEVELOPMENT ROBERTO ANTONIO ORDOÑEZ SECRETARY OF STATE IN THE MINISTRIES OF INFRASTRUCTURE AND PUBLIC SERVICES JULIAN PACHECO SECRETARY OF STATE IN THE MINISTRY OF SECURITY SAMUEL REYES SECRETARY OF STATE IN THE MINISTRY OF DEFENSE EDNA YOLANI BATRES SECRETARY OF STATE IN THE MINISTRY OF HEALTH MARLON ONIEL ESCOTO VALERIO SECRETARY OF STATE IN THE MINISTRY OF EDUCATION CARLOS MADERO SECRETARY OF STATE IN THE MINISTRIES OF LABOR AND SOCIAL SECURITY JACOBO PAZ BODDEN SECRETARY OF STATE IN THE MINISTRIES OF AGRICULTURE AND LIVESTOCK JOSE ANTONIO GALDAMES SECRETARY OF STATE IN THE MINISTRIES OF ENERGY, NATURAL RESOURCES, ENVIRONMENT AND MINES WILFREDO CERRATO SECRETARY OF STATE IN THE MINISTRY OF FINANCE

Notes

Loading…