Act No. 103 / 1971 Coll.
Law on People's Control
Valid
Effective from 20.10.1971
103
THE LAW
of 8 October 1971
on People's Control
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
OBLIGATIONS AND AUTHORITIES OF HUMAN CONTROL
Obligations of human control authorities, their mandated members and staff
People's control bodies, their mandated members and staff
(a) carry out checks to ensure that the results of the checks are true, complete and verifiable and that the causes of the defects are established and are responsible;
(b) discuss the results of the inspection with the officials and staff responsible for the occurrence and duration of the defects, require their written explanations and examine any objections to the accuracy and completeness of the findings;
(c) discuss the results of the checks with the heads of the bodies and organisations checked, and, where appropriate, with the heads of their superiors, and require their written opinions on the findings and, where appropriate, written explanations of the causes of the deficiencies detected;
(d) cooperate with other human control authorities and assist each other in the control activities.
Authorisation of committees of popular control, their authorised members and staff
(1) The Committees of People's Control, their mandated members and staff shall be entitled to all acts necessary to carry out the inspection, in particular may require the authorities and organisations, their officials and staff to:
(a) access to all objects and equipment has been granted;
(b) the required supporting documents, materials and documents have been submitted within the specified time limits and the written or oral reports and information on the facts and explanations as to the causes of the defects detected have been true and complete, even if they are covered by economic and professional secrecy. If the authorised members or personnel of the popular control committees are proven by a special mandate of the competent authority of the people's control, they shall be provided with the required documents containing the facts constituting state secrets,
(c) the original documents have been sent for security.
(2) In order to carry out control activities, the popular control committees are further authorised to:
(a) require the cooperation of both control and other authorities in the exercise of control;
(b) to recruit and, where necessary, to participate in the control,
(c) to create, in agreement with the relevant management of the control group, from experts from state bodies and economic organisations who, under the authority of the authorised member or official of the HR Committee, control special problems; the competent authorities and organisations shall release the requested staff for a maximum period of 14 working days a year and shall be obliged to pay them compensation,
(d) require expert bodies and selected experts to provide opinions.
(1) In order to ensure effective correction of the deficiencies identified and the deficiencies identified, the HR committees are entitled to:
(a) require officials and managers of the bodies and organisations checked to remedy the deficiencies identified without delay;
(b) to require controlled authorities and organisations to eliminate the defects detected within the specified time limits; if the measures they have implemented are not sufficient and effective, require the necessary additional measures or ask the competent authority for immediate redress;
(c) pending the decision of the competent authorities to suspend the implementation of an unlawful decision or an illegal activity and where there is a risk of damage, including an economic decision or an economic activity,
(d) to propose to the heads of staff of controlled bodies and organisations or to senior bodies to impose disciplinary measures on the guilty persons in accordance with the provisions of the relevant legislation and to recover from them the damage caused to the property of socialist property; in such cases, the manager or the superior body shall be obliged to put in place disciplinary proceedings or, where appropriate, to recover compensation, unless the unfounded nature of the application proves,
(e) officials and staff of controlled organisations who, in the performance of their duties, have committed a breach of the obligations arising from laws and other generally binding laws and regulations, or have failed to comply with the measures imposed or agreed on the basis of the outcome of the check or have carried out insufficient measures, to impose, after consultation with the relevant managers, a reprimand or a fine up to three times the average monthly earnings;
(f) in cases of gross violations of state discipline, submit proposals for the necessary cadre measures (appeals, etc.).
(2) The reprimand or reprimand referred to in paragraph 1 (e) may be imposed only one year from the date on which the People's Control Committee has established a breach of obligations, but no more than three years from the date on which the infringement occurred.
(3) The Committee of People's Control may decide to publish the measures referred to in paragraph 1 (d) and (e) in order to increase the educational effect after the acquisition of legal power, in the case of measures referred to in paragraph 1 (f), after its implementation.
(4) The measures referred to in paragraph 1 (a) to (f) may also be taken by the Chairman or Vice-Chair of the People's Control Committee. The measures referred to in points (a) to (c) of paragraph 1 may also be taken by an authorised member or a member of the Committee.
Obligations of the institutions and organisations
(1) Controlled authorities and organisations (establishments), their officials and workers are required to create appropriate conditions for the uninterrupted and rapid exercise of their control activities, and to provide them with the necessary synergies and to fully benefit from control actions to improve their management activities. The other authorities and organisations shall be obliged to provide the required synergies where this is necessary, depending on the nature of the matter, for the successful and rapid exercise of the control activity.
(2) Functionaries and managers controlled by, where appropriate, their superior bodies and organisations are required, at the request of the popular control authorities, to attend within a specified period to discuss the results of the inspection.
(3) Controlled or, where appropriate, their superior authorities and organisations, their officials and managers are required to remove the detected defects and their causes without delay, to implement measures to exercise the responsibility of the guilty officials and workers and to report in writing, within a specified time limit, to the People's Control Authority, of the measures to remedy the detected defects and the results of those measures.
Order fines
The President, the Vice-President, an authorised member or a staff member of the People's Control Committee may impose a fine of up to 1000 Kčs on officials and staff of the bodies and organisations checked within the time limit laid down. The order fee may also be imposed again if the obligation imposed has not been fulfilled even within the new deadline.
Procedure for the imposition of measures
(1) In proceedings in respect of the imposition of a reprimand or reprimand with a penalty pursuant to Article 13 (1) (e) or an order fine pursuant to Article 15, the provisions of the administrative order shall be followed.
(2) The fines provided for in Article 13 (1) (e) and the order fines provided for in Article 15 are to be charged to the State budget under the responsibility of the authority which imposed the fine.
(3) The measures taken pursuant to Article 13 (1) (e) and (f) do not relieve the guilty party of his liability under the special rules where the infringement affects higher penalties.
Freedom v. r.
Dr. Hanes v. r.
Dr Strougal v. r.
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Regulation Information
| Citation | Act No. 103 / 1971 Coll., on People's Control |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.10.1971 |
|---|---|
| Effective from | 20.10.1971 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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