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Institution Law of Creation
Law of Creation

Law No 16.065, on the Creation of The National Agricultural Research Institute
 October 6, 1989

Chapter I.   Creation and Objectives.
Chapter II. Organization and Functioning
Chapter III. Jurisdiction
Chapter IV. Financial regime
Chapter V. Control
Chapter VI. General regulations
Chapter VII. Transitory regulations
Chapter VIII. The Coordinating Council on Agriculture

 Technology

Chapter I. CREATION AND OBJECTIVES

Article 1.  The National Agricultural Research Institute is created as a legal person within the non-state private law, domiciled in the Department of Colonia, with the capacity to establish agencies throughout the national territory.

Article 2. The Institute will have the following objectives:

A)    Formulation and implementation of the agriculture research programs aiming at the generation and adequation of technologies according to the needs of the country and to the socio-economic situation  of agriculture and livestock production.

B)    Participation  in the development of scientific and technological wealth at a national level, both in the agriculture and livestock sectors, through their own activity or even through an efficient coordination with other transference and research programs for technology research and transfer which are being carried out at both public and private  levels.

C)    Articulation of effective generated technology transfer, with the organizations of technical assistance and extension that work at both public and private levels.

Article 3. The Executive Power is the authority responsible for defining the national policy on generation and transference of technology matters, applied to the farming sector, with the advise of the Institute. The Institute will adapt its action to this national policy. The Institute will communicate and coordinate with the Executive Power,  through the Ministry of Agriculture, Livestock and Fisheries.

Chapter II. ORGANIZATION AND OPERATION

Article 4. The Institute's bodies are: the Board of Directors, the National Direction, the Regional Directions and the Regional Advisory Councils.

Article 5. The Board of Directors will be the Institute's authority and its members will be appointed by the Executive Power among persons of recognized experience and knowledge in agriculture technology matters, to be proved with relevant background. It will be integrated by:

A)    Two representatives of the Executive Power, proposed by the Ministry of Livestock, Agriculture and Fisheries, one of which will be chosen as the Chairperson.

B)    Two representatives of the producers to be appointed by the Executive Power, one of them proposed by the Uruguayan Rural Association and by the Rural Federation and the other one by the Federated Agrarian Cooperatives, the National Committee on Rural Promotion and by the Uruguayan Federation of Agriculture Research Regional Centers. Every representative will have a substitute appointed to replace him in case of absence. The National Director will attend the sessions of the Board of Directors, with voice but without the right to vote.

Article 6. The duration of the mandate of the Board of Directors mandate will be three years, starting from their appointment date with the possibility of one reelection period. The outgoing members will remain in their functions until the new members undertake their functions.

Article 7. The monthly payment for the Chairperson of the Board of Directors will be equivalent to that of an  Undersecretary of State. The rest of the titular members will be paid according to the diet per session regime. The above mentioned diet will be equivalent to one national minimum wage per session, with a minimum of four monthly sessions. This amount will be adjusted in the same percentage and opportunities in which the Chairperson's payment is increased.

Article 8. The Board of Directors will determine its sessions regime, to be periodically held at the Regional Directions'seats. Resolutions will be adopted by the vote of the absolute majority of members, solving the Chairperson, in case of tie.

Article 9. The National Director and the Regional Directors will be appointed by the Board of Directors, by simple majority.

Article 10. In order to achieve an effective participation of all the involved sectors Regional Advisory Councils will be operating.including representatives of public and private agencies linked to the most significant agricultural activities in the region, with recognized experienced professionals in technology generation and transference. Integration of these Councils will be determined by the Board of Directors according to the proposals made by the respective entities, taking into account the Regional Director's opinion. The Regional Directors are enabled to invite temporary members to the body, with the purpose of discussing some topics whenever this participation be considered advisable.

 

CHAPTER III .JURISDICTION

Article 11. The Institute will have the following assignments:

A)    To advise the Executive Power about agriculture technology.

B)    To prepare and to implement the generation of technology plans for the agricultural sector, according to the economic policy and sectorial technology guidelines.

C)    To promote the diffusion of the generated knowledge, articulating the components of the generation process with the public and private systems for transference and adoption of technology.

D)    To promote professional qualification and improvement.

E)    To establish relations of reciprocal cooperation with national and foreign agencies both public and private ones, with those international organisms which promote the optimum use of resources available to the benefit of the country.

Livestock and agriculture production control and inspection are excluded from the Institute's assignments despite the support they can give, as far as their own specialization scope is involved.

Article 12. The Board of Directors, in its character of the Institute's maximum administrative body, will have the following assignments:

A)    To approve the general regulations for the Institute.

B)    To approve the statutes for the employees within the first six months of its establishment. These statutes will become fully effective and, where no statement was made, common law will rule the situation.

C)    To appoint, transfer and dismiss employees in accordance to the proposals received from the National Direction.

D)    To determine priorities in agriculture research matters both at  national and regional levels, as well as those referring to the external technical cooperation, which will have to be within the Executive Power Policies framework.

E)    To approve the budget and to submit it to the Executive Power for its acknowledgement, together with the plan of activities.

F)     To approve the plans and programs, prepared by the National Direction and also the special projects.

G)    To approve the Institute's annual statement and balance.

H)    To administer the Institute's Fund for the Promotion of Agriculture Technology referred to in Article 18.

I)        To create new experimental stations and to extend or modify the existing ones.

J)      To acquire, burden and alienate all types of assets.

K)    To delegate assignments by majority of votes and by means of a well founded resolution.

L)     In general terms, to comply with all the civil and commercial acts, to order internal administrative acts and to carry out material operations related to its general administrative powers,  in accordance with the assignments and the specialization of the Institute.

Article 13. The National Director should be a person of recognized experience and background in agriculture technology matters, with excellent performance in the field of agrarian sciences. He will have, among others, the following assignments:

A)    To elaborate and to put under consideration of the Board of Directors the plans, programs and budget of the institution.

B)    To implement the plans, programs and resolutions approved by the Board of Directors.

C)    To administer the Institute's resources, to order the monitoring and the evolution of its activities giving notice to the Board of Directors.

D)    To propose to the Board of Directors development plans for human resources.

E)    To carry out every task involved with personnel management and with the internal organization of the Institute.

F)     To promote the relationship with national organizations related to science, technology and agricultural production.

G)    To promote the strengthening of international technical cooperation, with special emphasis on the coordination with foreign institutes within the region.

H)    Every other assignment that the Board of Directors entrusts or delegates.

Article 14. The Regional Directors will have to be persons with recognized experience in generation of agriculture technology matters and will operate under the orders of the National Director in his capacity of technical-administrative authority for the respective regions.They will have the following assignments, among others:

A)    To elaborate and to put under consideration of the National Direction the regional plans, programs and projects.

B)    To implement the regional plans, programs and resolutions.

C)    To administer the resources, to order the monitoring and the evaluation of the Institute's activities at a regional level, giving notice to the National Direction.

D)    To promote the relationship with regional organizations related to science, technology and production.

E) Every other function entrusted or delegated by the Board of Directors or by the National Director

Article 15. The Regional Advisory Councils will be supportive bodies for consultive and advising purposes of the Regional Directiones. In this capacity they should collaborate with the Regional Director to establish the basis for the regional plan, to promote actions of zonal or local interest and to help in the search of additional resources.

 

Chapter IV. FINANCIAL REGIME

Article 16. The following items will constitute resources of the Institute despite what has been stated in article 29:

A)    The revenue of the additional payment to the Tax to Agricultural Goods Alienation referred to in the following article.

B)    The contribution that the Executive Power will have to annually assign and ahich will be at least equivalent to the one established by this article in paragraph A.

C)    Funds obtained from services and sale of production.

D)    Inheritances, legacies and donations accepted by the Institute.

E)    The values or goods assigned to the Institute under any capacity.

Article 17. An additional tax of 4 o/oo (four by thousands), as a maximum, created by Article 2, Title 9 of the Compiled Text 1987. For the purposes of the above additional tax, the list of assets to which the article mentiones in the previous paragraph refers to, is enlarged, including milk and those horticultural and citrus  exports in natural conditions, without any transformation process.

Article 18. The Fund for the Promotion of AgricultureTechnology with the purpose of financing special projects for technological research, regarding the agricultural sector, and not included in the Institute's plans. This Fund will be integrated with the following resources:

A)    The mandatory imposition of 10% (ten percent) of the resources to which reference is made in Article 15, paragraphs A) and B).

B)    The voluntary contributions made by farm producers and other institutions.

C)    Every other funds from external financing sources sharing such aims. Article 19. The Institute will annually publish a balance with the approval of the National Audit Office, in addition to the periodical presentation of other statements clearly informing about their financial situation (article 191 of the Uruguayan Constitution). The regulation of this law will determine the form and frequency of the balances and statements of accounts for every financial year.

 

Chapter V. CONTROL

Article 20. The administrative control of the Institute will be the Executive Power's responsibility, through the Ministry of Livestock, Agriculture and Fisheries. The control measures will be applied both for legal, opportunity or conveniences reasons. To this end, the Executive Power will be able to formulate any kind of observations, as well as to propose the suspension of the observed acts and corrective measures or else, any removal that could be considered as pertinent in each case.

Article 21. In addition to the control that the Ministry, the Public Treasury Inspection will have the widest faculties of control of the Institute's financial management.

Article 22. To reject resolutions of the Board of Directors a rejection resource should be filed within the first ten working days starting from the first day following the notification to the interested party. Once this resource is interposed, the Board of Directors will have thirty working days to instruct and solve such matter constituting the juridical form 'fictive denial', by the single circumstance of not approving any resolution within the establiched period. Once the resource is dismissed, the appellant will be able to interpose, only under juridical reasons, a demand for revocation before the Civilian Court of Appeal that corresponds according to the date in which this act was verified. Interposition of this demand should be made within the term of twenty days after definite rejection notification was issued. Otherwise, at the moment in which the fictive denial has place.

The revocation demand can only be interposed by the holder of a subjective right or a direct, personal and legitimate interest, violated or infringed by the opposed act.

The sentence of the Court will admit no resource.

Article 23. When the resolution results from the National Director or from a Regional Director, jointly or subsidiarely, wherever appropriate, a hierarchic resource may be  interposed before the Board of Directors,  This resource will have to be interposed and judgement should be passed within the period established in the previous paragraph. Such period will be also effective for both the hierarchic resource and further jurisdictional control.

 

Chapter VI.- GENERAL PROVISIONS

Article 24. The Institute will be exempted from all types of national tributes, except from the contributions to social security, and in those cases not particularly included herein. Operating regime will be that in force for private activities, especially in terms of accounting, personnel statutes. and contracts to be subscribed.

Article 25. The Institute's assets cannot be seized, and for their credits, independently from their origin, the privilege established in paragraph 6 of article 1732 of the Code of Commerce fully apply.

Article 26. The Institute's technical and specialized personnel, regularly appointed through  opposition, and merits and opposition contests, for less than five-year periods, renewable in the conditions established by the statutes and in accordance with the conditions established in Article 12, paragraph B) of the present law.

The rest of the personnel will be appointed by the selection system that this statute establishes, taking into account the characteristics of each category.

With respect to the extinction of the labor relationship, the statutes will establish the guarantees which the personnel of the Institute will enjoy, so that dismissal is well founded and the defense right of the employee be ensured.

Article 27. The Institute's authorities and employees Jerarcas and used should keep special and strict reserve about any data or fact they could learn due to their job, until de Institute decides to unveil such reserve.

The mechanisms for communicating scientific and technical information will be regulated.

 

Chapter VII. TRANSITORY PROVISIONS

Article 28. The legal entity created by this law will be continuing with the assignments and commitments established for the Agriculture Research Center 'Alberto Boerger' excluding those regarding the control of the compliance with legal and regulatory provisions, that will continue under the responsibility of the Executive Powery or of the Ministry of Agriculture, Livestock and Fisheries, in their respective capacities.

The Executive Power, will determine the form and scope of the previous statement, within the ninety days following the installation of the Institute's Board of Directors.

Article 29. The affected assets, rights, and obligations, the use of the Executive Unit 005, Research Direction of the Ministry of Agriculture, Livestock and Fisheries, will become legally affected in terms of use to the Institute within the commitments and assignments transferred in appliance of the approved regulations.

In the first budgetary instance subsequent to the approval of the present law, the credits of the programs included in Chapter 07 'Ministry of Agriculture, Livestock and Fisheries', regarding the assignments and commitments transferred to the Institute will be decreased whenever pertinent.

Article 30. The government officials, both budgeted and contracted ones, who were working in the agency referred to in Article 28, at the date of the present law, will be able to work in the Institute or to be reassigned to other governmental agency.

With this purpose, the Ministry of Agriculture, Livestock and Fisheries will approve six-month transfers to the Institute, period which can be deferred, and at the end of this term,the Institute will select those who are to be incorporated according to the following rules:

The selected civil servants will be able to choose between working at the Institute or being redistributed to other Executive Units belonging to Chapter 07 " Ministry of Agriculture, Livestock and Fisheries" or else,  in case this is not possible, Article 10 of Law No 15,851 approved in December 24,1986 will be applied.

The Institute must take into account the experience and merits of the selected civil servants.

When the selected civil servant informs about his will to get incorporated  to the Institute, he will have to subscribe the corresponding labor contract according to the statutes referred to in Article 12, paragraph B), of the present law and will have to resign to the public function. Nevertheless, he can apply for a non paid leave for a six month period in the governmental job and subscribe a contract on a trial basis, with the Institute, for the same period. At the end of such period if no agreement is achieved, and the person resigns to the public job, he or she will lose the previous quality of selected employee, and the following paragraph B) should be applied.

B) Non selected civil servants will be redistributed within Chapter 07 or any other Chapter according to legislation in force.

Whenever personnel is incorporated to the Institute, automatic elimination will proceed for the positions and budgetary credits thereof.

Article 31. During the first year of the Institute's activities, the Executive Power will be able to anticipate funds to enable  its normal operation. These funds will be credited at the expense of the General Revenue and shall have an opportune reimbursement.

 

Chapter VIII.COORDINATING COUNCIL ON AGRICULTURE TECHNOLOGY

Article 32. A Coordinating Council on Agriculture Technology which members will be the Minister of Agriculture, Livestock and Fisheries, who will chair the Council,the Minister of Education and Culture, the Minister of Industry and Energy, the Dean of the School of Agronomy, the Dean of the School of Veterinary medicine and a representative of the University Association.

In the case of official representatives, the holders will be able to be  represented by hierarchic civil servants from their agencies.

Article 33. The Coordinating Council on Agriculture Technology will have the following commitments:

A)    To coordinate the efforts of generation and transference of agriculture technology within the country with the purpose of achieving an efficient use of human, physical and economic the resources available.

B)    To propose research lines in agricultural matters according to the needs of the sector involved.

C)    To give advise on research plans and  programs of agriculture research public and private agencies, producing pertinent  recommendations.

D)    To cooperate in the diffusion of scientific results and technologies generated by the agriculture reasearch agencies.

E)    To advise about the use of the Fund for the Promotion of Agriculture Technology of the National Agricultural Research Institute.

Article 34. The Ministry of Agriculture, Livestock and Fisheries will provide the necessary human and material resources for the installation and operation of the Coordinating Council on Agriculture Technology.

Article 35. Be it communicated,