KRET DATED FEBRUARY 19, 1995

ON THE CREATION OF A PUBLIC ESTABLISHMENT

FOR THE PROTECTION AND ORGANIZATION OF THE ANGKOR SITE, NAMED APSARA

 

We,

Preah Bat Samdech Preah Norodom Sihanouk Varman Rajbarrong Ubhato Socheathi Visothipong Akamohaborohrathn Nikarodom Dhamik moharaja Thiraj Boromaneath Borombopithr preah Chau Krung Kampuchea Thipadei,

having seen the proposition of the two Prime Ministers, the State Minister responsible for Culture and Fine Art, Territorial Planning, Town Planning, and Construction, approved by the Council of Ministers during its plenary session on January 27, 1995;

order:

CHAPTER 1

GENERAL PROVISIONS

 Article 1 :

 The APSARA authority shall be established; as a public establishment of legal personality, with administrative and financial autonomy; in order to protect the sites and organized the Angkor area.

 Article 2 :

The APSARA authority has the mission to conduct activities to organize and develop the field of tourism in five areas, as stipulated in Kret 001, dated May 28, 1994, on the zoning and management of Seam Reap Angkor area.

 In order to reach this goal the APSARA authority and other concerned ministries shall jointly be the auspices of those establishments whose responsibility is to manage those sites. Those establishment are :

 These establishments mentioned above will be established by anukret.

Article 3 :

To realize its mission the APSARA authority shall order the various bodies, which involve with the organization and management of Angkor site, to maintain their logbooks. In this regard the APSARA authority may :

Based on the extend of the growth of its activities, the APSARA authority may confer partial or total rights, as mentioned above, the establishments cited in article 2.

Pending the creation of those establishments, cited in article 2, the APSARA authority takes charge of all missions that are within their competence.

Article 4 :

The APSARA authority shall annually report on the policy of its activities, the investment and various authorizations that are already done.

CHAPTER 2

ADMINISTRATION

 Article 5 :

The APSARA authority shall be governed by the Administration Council that consists of:

Article 6:

The Council of Administration has the right to adopt:

Article 7:

The Council of Administration meets at least six time a year upon the call by the Co-Presidents who set the agenda. The Council shall call a meeting in the following months if there is a request by 1/4 of the entire members. The adoptions shall be done by the majority vote of the attending members. In case of equal vote, the Co-Presidents shall cast a deciding vote.

The Co-Presidents may invite any individual to attend the meeting if they think that the presence of the said individual is useful.

Article 8:

The APSARA authority consists of a General Direction and three other Departments: department of Land management, department of Urbanization, department of Finance and Account.

The General Direction is led by a Managing Director and an assistant who act as advisor in the planning and management.

The department of land management has the duty to control the activities relating to land. This department is led by an expert on land management.

The department of Urbanization has the following duties:

The department of Finance and Accounting is responsible for maintaining the accounting affairs of APSARA authority. This department assists the Managing Director in the supervision on activities relating to contracts, investment project, or authorization.

This department is led by a financial and accounting manager who may attend the meeting of the Council of Administration only for providing opinion.

Article 9:

The managing Director of the APSARA authority is appointed by anukret; following proposal by the Council of Administration; for a three-year term, and may be extended every three years.

 The managing Director shall oversee the expense of the APSARA authority.

 The managing Director is responsible to guarantee the implementation of all decisions of the Council of Administration, and shall take all measures of management in the operation of APSARA.

 The managing Director represents the APSARA authority in the Court. This Director shall appoint and promote personnel after approval by the Council of Administration.

The managing Director has full authority over personnel of the APSARA authority, except the financial and accounting manager.

 Article 10:

 The Internal Rules and Procedures of the Council of Administration are determined by anukret.

CHAPTER 3

CONFLICT OF INTEREST

Article 11:

The financial and accounting Manager and all members of the Council of Administration of APSARA can not benefit; directly or indirectly or through their spouses or children; from any private enterprise which makes business under the competence of APSARA.

Failure to comply with this obligation, the Council of Administration shall make report on the incompatibility of the concerned person and declare his/her resignation from the said position.

CHAPTER 4

SOURCE OF INCOME

 Article 12:

 The source of income of APSARA comes from:

The APSARA authority may accept the movable or immovable property or land granted by others.

Article 13:

The budget for income and expenditures for the next fiscal year shall be submitted for the approval by the Council of Administration on the first of December, the latest.

CHAPTER 5

FINANCIAL MANAGEMENT AND ACCOUNTING AUDIT

 Article 14:

The financial management of APSARA is the duty of a financial and accounting Manager, who is appointed by Prakas of the Minister of Economics and Finance. This official, who is responsible for the management of the fund as well as holding of the inventory list of APSARA, shall take an oath before taking office.

Article 15:

The accounting audit shall be the responsible of an auditor appointed by the Minister of Economics and Finance.

The auditor is conferred with power to verify the cashbook, to control regularity of the balances and the accuracy of the accounts. The auditor may verify and control whenever needed.

At every meeting of the Council of Administration, the auditor reports on the past work that he/she has done. If the auditor observes that there are some irregularities, he/she shall inform the meeting and suggest opinion on the financial situation.

In case of emergency, the auditor may request the Co-Presidents to call a meeting of the Council of Administration. The auditor is entitled to remuneration according to rate set by the Council of Administration. After the control of the annual accounts, if the auditor does not find out any irregularities in the financial management, he/she shall ratify it for the Council of Administration, managing Director, and the financial and accounting Manager of APSARA.

CHAPTER 6

FINAL PROVISIONS

 Article 16:

 Any provisions contrary to this Kret shall be invalidated.

 Article 17:

 The first Prime Minister, second Prime Minister; State Minister in charge of culture, Fine Arts, Land management Urbanization and Construction; Ministers of the concerned ministries and the Governor of Seam Reap, shall take charge in implementation of this Kret.

 Article 18:

 This Kret takes effect from the signing date.

 

Phnom Penh February, 19, 1995

N. Sihanouk