Constitution

Chile 1925 Constitution

Table of Contents

CHAPTER IX. Interior Administrative Regime

Article 93

For the interior administration the national territory is divided into provinces and the provinces into communes.

There shall be in each province the number of communes that the law may determine. Each communal territory will correspond to a complete sub-delegation.

The administrative division called Province will coincide with the political division of the same name, and the administrative division called Commune will coincide with the political division called Sub-delegation.

The law in creating new communes must always take care to estab­lish the respective sub-delegations and to mark out for the former and for the latter the same limits.

Provincial Administration

Article 94

The administration of each province is vested in the Intendente who will be advised, as determined in law, by a Provincial Assembly of which he will be the President.

Article 95

Each Provincial Assembly will be composed of Representatives designated by the municipalities of the province at their first session, by cumulative vote.

These offices are compulsory and unremunerative, and last for three years.

The Municipalities will designate the number of Representatives that the law may determine for each.

Article 96

In order to be designated a Representative the same qualifications are required as for being a Deputy and in addition to have resided in the province for more than one year.

Article 97

The Provincial Assemblies will hold their meetings in the capitals of the respective provinces, and will choose annually at their first session, by a majority of the members present, a person from their midst to exercise the office of Vice President.

Article 98

The Provincial Assemblies will hold sessions with a majority of their members at the time in office; they will have administrative attributes and will dispose of the revenues which the law may determine. The law may authorize them to impose determined taxes for local benefit.

They may be dissolved by the President of the Republic with the approval of the Senate.

When a Provincial Assembly is dissolved, the re-emplacement of its membership for the period to complete the term remaining shall be proceeded with in the manner as indicated in Article 95.

Article 99

The Provincial Assemblies must annually make known to the President of the Republic, through the intermediation of the Intendente, the needs of the province and indicate the amounts necessary to meet the same.

Article 100

Ordinances or resolutions that a Provincial Assembly may pass must be brought to the attention of the Intendente, who within ten days, may suspend their execution if he deems them contrary to the Constitution or the laws, or prejudicial to the interests of the province or of the State.

The ordinance or resolution suspended by the Intendente will return for consideration to the Provincial Assembly.

If the Assembly insists on its previous action by a vote of two-thirds of the members present, the Intendente shall order the same to be promulgated and to take effect.

But when the suspensions be founded on the grounds that the ordinance or resolution is contrary to the Constitution or the laws, the Intendente must submit the facts to the Supreme Court in order that it may rule definitely.

Communal Administration

Article 101

The local administration of each commune or group of communes established by law is vested in a Municipality.

Each Municipality on being organized will designate an Alcalde to preside over it and to execute its decisions.

In cities of more than one hundred thousand inhabitants and in others that may be designated by law, the Alcalde will be appointed by the President of the Republic and may be remunerated. The President of the Republic may remove him with the approval of the respective Provincial Assembly.

Article 102

The Municipalities shall have the Regidors that the law may fix for each one. Their number will not be less than five nor more than fifteen. These offices are compulsory and unremunerative and last for three years.

Article 103

In order to be elected Regidor the same qualifications are required as for being a Deputy and, in addition, to have resided in the commune for more than one year.

Article 104

The election of Regidors will be made by direct vote and in agreement with the special provisions prescribed by the law on Organization and Attributes of the Municipalities.

There shall be for this purpose special registers in each commune, and to be inscribed therein it is required to have attained the age of twenty-one years and to be able to read and write. Foreigners are required in addition to have resided five years in the country.

Qualification of the elections of Regidors, jurisdiction over protests of nullification that may occur in reference thereto, and the solution of matters that may subsequently arise belongs to such authority as the law may determine.

Article 105

The Municipalities will hold session with a majority of their members at the time in office; they will have, such administrative attributes and disburse such revenues as the law may determine.

Especially it belongs to them:

  1. To take care of hygienic police, public comfort, adornment and recreation.
  2. To promote education, agriculture, industry and commerce.
  3. To take care of primary schools and other educational services that may be supported by municipal funds.
  4. To take care of the construction and repair of the roads, walks, bridges and all works of necessity, utility or adornment paid for with municipal fund.
  5. To administer and disburse public property and taxes in conformity with the regulations as dictated by law.
  6. To enact municipal ordinances respecting these matters without prejudice to the attributes that the following article gives the respective Provincial Assembly.

The law may impose on each municipality a quota proportional to its annual revenues as a contribution to the general expenditures of the province.

The appointment of municipal employees will be made conformably to the statute that the law will establish.

Article 106

Municipalities will be submitted to the correctional and economic vigilance of the respective Provincial Assemblies, in accordance with law.

The powers that Article 100 grants to the Intendente in respect to the Provincial Assembly shall belong to the latter in respect to municipalities of its jurisdiction.

Municipalities may be dissolved by the Provincial Assembly, in virtue of grounds which the law may establish, on a vote of the majority of the Representatives specially cited for this purpose, and without prejudice to the provisions of Article 100.

Administrative Decentralization

Article 107

By degrees the laws will confer on provincial or communal organizations the administrative attributes and faculties at the present time exercised by other authorities with the purpose of proceeding to the decentralization of the interior administrative regime.

The general services of the nation will be decentralized through the formation of the zones that the law may fix.

In any case the supervision of the services of a province belongs to the Intendente and the paramount oversight of the provinces to the President of the Republic.