Local Bodies of Peoples Power

CHAPTER XII LOCAL BODIES OF PEOPLES POWER

ARTICLE 103

The Assemblies of Peoples Power set up in the political-administrative divisions into which the country is divided are the higher local bodies of state power. Therefore, they are invested with the highest authority for the exercise of their state functions within their respective boundaries. To this effect they govern in all that is under their jurisdiction and the law.

They also aid in the development of activities and the fulfillment of plans of those units in their territory which are not subordinated to them, as prescribed by law.

The local administrations established by these Assemblies direct the economic, production and service entities locally subordinated to them, with the purpose of meeting the needs for economic, health care, assistance, educational, cultural, sports and recreational services of the collective in the territory under the jurisdiction of each.

For the exercise of their functions the local Assemblies of Peoples Power find support in the Peoples Councils and the initiative and broad participation of the population and they act in close coordination with the social and mass organizations.

ARTICLE 104

The Peoples Councils are constituted in cities, towns, neighborhoods and rural areas; they are invested with the highest authority for carrying out their functions; they represents the territory where they carry out their functions and also represent the municipal, provincial and national bodies of Peoples Power.

They work actively for efficiency in the development of production and service activities and for meeting the needs for health care, economic, educational, cultural and social activities of the population, promoting the broadest participation of the population and the local initiatives to resolve their problems.

They coordinate the work of the existing entities in their field of action, promote cooperation among them and control and supervise their activities.

The Peoples Councils are made up of the delegates elected in the districts, who must choose among themselves their president. The representatives of mass organizations and the most important institutions in the territory may form part of the Councils.

The law regulates the organizations and functions of the Peoples Councils.

ARTICLE 105

In the limits of their jurisdiction, the Provincial Assemblies of Peoples Power are invested with the power to:
  1. obey and help to enforce the laws and other general regulations adopted by the higher state bodies;
  2. approve and control the execution of the provinces income and spending budget and plan, according to the policies agreed upon by the competent national agencies;
  3. elect or recall the president and vice president of the Provincial Assembly;
  4. designate or substitute the secretary of the Assembly;
  5. participate in the drawing up and supervision of the state budget and technical-economic plan, corresponding to the entities located in its territory and subordinated to other bodies, as prescribed by law;
  6. control and supervise the activities of the provincial administration body with the help of its work commissions;
  7. designate or substitute the members of the provincial administration body, at the proposal of its president;
  8. determine, according to the principles established by the Council of Ministers, the organization, functioning and tasks of the entities in charge of carrying out the economic, production and services, educational, health care, cultural, sports, protection of the environment and recreational activities, which are subordinated to the provincial administration body;
  9. adopt agreements concerning administration matters in its territory and which, according to law, do not correspond to the general jurisdiction of the central state administration or to that of the municipal bodies of state power;
  10. approve the creation and organization of the People Councils at the proposal of the Municipal Assemblies of People Power;
  11. revoke, in the framework of its jurisdiction, the decisions adopted by the provincial administration body or propose their revocation to the Council of Ministers when these decisions have been adopted while acting according to the faculties entrusted to them by the central state administration agencies;
  12. study and evaluate the rendering of accounts reports presented by their administration body and the Assemblies of People Power which are their subordinates, and adopt the pertinent decisions regarding those reports;
  13. set up or dissolve work commissions;
  14. attend to all that relevant to the application of the policy on cadres drawn up by the higher state bodies;
  15. strengthen legality, public order and the country defense capacity;
  16. assume any other duty assigned by the Constitution and by law.

ARTICLE 106

In the limits of their jurisdiction, the Municipal Assemblies of People power are invested with the power to:
  1. obey and help to enforce the laws and other general regulations adopted by the higher state bodies;
  2. elect or recall the president and vice president of the Assembly;
  3. designate or substitute the secretary of the Assembly;
  4. supervise and control the entities subordinated to the municipal body, with the support of the work commissions;
  5. revoke or modify the resolutions and measures of the bodies or authorities subordinated to them which are contrary to the Constitution or the laws, decrees-laws, decrees, resolutions enacted by the higher state bodies or those which affect the interest of the community, of other territories or the general interests of the country, or propose their revocation to the Council of Ministers when they have been adopted while acting according to the faculties entrusted to them by the central state administration agencies;
  6. adopt agreements and enact measures in the framework of the Constitution and the laws in force, on matters of municipal interest, and control their application;
  7. designate or substitute the members of its administration body on the proposal of its president;
  8. determine, according to the principles established by the Council of Ministers, the organization, functioning and tasks of the entities in charge of carrying out economic, production and services, and health care activities, and others such as assistance, educational, cultural, sports, protection of the environment and recreational activities which are subordinated to its administration body;
  9. propose the creation and organization of the People's Councils, as established by law;
  10. constitute or dissolve work commissions;
  11. approve the municipality socioeconomic plan and budget, following the policy drawn up for this by the competent agencies of the central state administration, and control their execution;
  12. help in the development of activities and the fulfillment of production and service plans of the entities located in their territory which are not subordinated to them, for which they can draw support from their work commissions and administration body;
  13. study and evaluate the rendering of accounts reports presented by their administration body and adopt the pertinent decisions thereof;
  14. attend to all that having to do with the application of the policy on cadres drawn up by the higher state bodies:
  15. strengthen legality, public order and the country defense capacity;
  16. carry out any other functions assigned by the Constitution and by law.

ARTICLE 107

The regular and special sessions of the local Assemblies of People's Power are public, except in cases when it is agreed to hold them behind closed doors for reasons of state or when matters referring to the decorum of persons are involved.

ARTICLE 108

In order for agreements of the local Assemblies of People's Power to be valid, more than half of the total number of members must be present. Agreements are adopted by simple majority.

ARTICLE 109

The entities organized to meet local needs with the aim of fulfilling their specific objectives, are ruled by laws, decree-laws and decrees; by agreements adopted by the Council of Ministers; by regulations issued by the heads of central state administration agencies on matters under their jurisdiction which are of general interest and that require being regulated on a national level; and by agreements adopted by the local bodies to which they are subordinated.

ARTICLE 110

The permanent work commissions are constituted by the Provincial and Municipal Assemblies of People's Power to meet the specific interests of their localities, in order to help them carry out their activities and especially to control and supervise the locally subordinated entities and others corresponding to further levels of subordination which are located in their territory.
Temporary commissions fulfill specific tasks assigned within the time limits indicated.

ARTICLE 111

The Provincial Assemblies of People's Power are renovated every five years, which is the delegates tern of office.

The Municipal Assemblies of People's Power are renovated every two and a half years, which is the delegates tern of office.

These terns may only be extended by decision of the National Assembly of People's Power, in the cases mentioned in ARTICLE 72.

ARTICLE 112

The tern of the delegated to local Assemblies may be revoked at any time. The law prescribes the manner, the cases and the methods in which they may be revoked.

ARTICLE 113

The delegates fulfill the mandate of their electors, in the interest of all the community, for which they must coordinate their functions as such with their usual responsibilities and tasks. The law regulates the manner in which these functions are carried out.

ARTICLE 114

The delegates to the Municipal Assemblies of People's Power have the rights and duties conferred by the Constitution and by law and they are especially obliged to:
  1. make the opinions, needs and problems expressed by their electors known to the Assembly and to the local administration;
  2. report to their electors on the policies of the Assembly and the measures adopted to resolve the problems posed by the population or outline the reason why they have not been resolved;
  3. render account of their activities on a regular basis to their electors, and report to the Assembly or to the commission they belong to on the fulfillment of the tasks assigned to them when they are asked to do so.

ARTICLE 115

The delegates to the Provincial Assemblies of People Power have the duty to carry out their activities for the benefit of the collective and report on the measures taken by them on a personal basis, according to the procedure established by law.

ARTICLE 116

The Provincial and Municipal Assemblies of People Power elect their president and vice president from among their delegates.

ARTICLE 117

The president of the Provincial and Municipal Assemblies of People Power are also the presidents of their respective administration bodies and represent the state in their territories. Their functions are established by law.

ARTICLE 118

The administration bodies which constitute the Provincial and Municipal Assemblies of People Power work on a collegiate basis and their composition, integration, functions and duties are established by law.

ARTICLE 119

The Provincial and Municipal Defense Councils and the Defense Zone Councils are constituted and organized during peacetime to conduct their respective territories' affairs, in conditions of a state of war, during a war, a general mobilization or a state of emergency, based on the general defense plan and the army's military councils corresponding role and responsibilities. The National Defense Council determines, according to law, the organization and functions of these Councils.