Act No. 106 / 1949 Coll.
Law on the set-aside of income from private gainful activities for the payment of service income and rest payments of certain public servants
Valid
Effective from 24.04.1949
106.
Law
of 23 March 1949
on the setting-up of income from private gainful activities for the payment of service income and the salary of certain public servants.
The National Assembly of the Czechoslovak Republic decided on the following Act:
(1) If a public servant who has been removed from the service for the purpose of protecting or securing a people's democratic establishment or purification of public life or from other public interests or who has not been admitted to active service for any of those reasons at that time, the entitlement to the payment of service income shall be reduced by the total of the income earned by the public servant, while he was outside the public service, to a private occupation.
(2) Removal from the performance of an active service referred to in paragraph 1 shall mean not only suspensions or vacations with a renewable but also any other measure having a similar purpose, even if it did not have the required formalities.
(3) The revenue from the service referred to in paragraph 1 shall mean the net salary (income corresponding to it) and the other revenue from the service which is linked to the actual performance of the service.
(4) In the aggregate of the income from private gainful activities referred to in paragraph 1, not only any marked net cash income (remuneration, remuneration, commission, etc.), but also in kind and benefits granted for the services performed instead of paid in full, at the general value applicable at the relevant time.
(1) Public servants entitled under Paragraph 1 (1) are required to notify within 60 days the amount of income they have earned from private gainful activities of the amount of income they have received from private gainful activities, if they have received a declaration within the same period of time that they have not had any private gainful income during the period when they were out of active employment.
(2) The provisions of paragraph 1 shall apply mutatis mutandis to public servants who, for the reasons set out in Paragraph 1 (1), were first out of active service and were then transferred to retirement for any reason.
(1) Incorrect information in the notification or declaration made pursuant to Article 2 shall be prosecuted without prejudice to any criminal proceedings which may be brought to disciplinary action.
(2) If a staff member to whom the provisions of Paragraph 1 (1), paragraph 1, notification or declaration provided for in Article 2 are not made within the prescribed period, his income from a private gainful activity shall be deemed to have been equal to the service income which would otherwise have been due to him at the relevant time during the period of service. The staff member shall be expressly made aware of this consequence of the failure of the legal period in the official notice referred to in Article 2 (1).
(3) In cases of special consideration, the personal office (last personal office) may waive the effects associated with the missed period referred to in paragraph 2.
(1) If an amount in excess of the supplement due to him pursuant to Paragraph 1 (1) has been paid to the public servant, the difference (excess) shall be deducted from his service or rest pay. Staff members may be authorised to make reasonable monthly instalments, but only in such a way that the overpayment is paid no later than 3 years after the date of publication of this law.
(2) In cases of special consideration, the Central Authority may, in agreement with the Ministry of Finance, in the case of staff of the volumes of the People's Administration, waive all or part of the overpayments referred to in paragraph 1.
Public servants under this law shall mean:
(a) staff of the State;
(b) staff of the unions of the People's Administration and other public corporations or foundations;
(c) staff members of or managed by the bodies referred to in (a) and (b),
(d) staff covered by the teaching law;
(e) spiritual churches and religious societies recognised by the State, after the case of those who are reciprocal, in so far as they are entitled to a State contribution (congru),
(f) professors and teachers of theological dioceses under § 211 of the salary law.
(1) This law shall apply mutatis mutandis to former public servants, and to cases where a public servant who was outside the public service at the time referred to in Paragraph 1 (1) is entitled to a supplement only for the effectiveness of this Act and for cases where a public servant will be removed from an active service for the reasons indicated in Section 1 (1) for the effectiveness of this Act.
(2) For former employees, the necessary measures under this law will be taken by their last personal office. If the overpayment found (Paragraph 4 (1)) is not repaid within the prescribed time limit, the last personal office shall arrange for its recovery by the former staff member.
Decisions taken prior to the application of this Act pursuant to § 4, paragraph 3 of the Decree of the Slovak National Council of 23 August 1945, No 99 Coll. SNR, on the regulation of the service of public and public employees, remain in force.
This Act shall take effect on the day of its publication; it shall be carried out by all members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Broad v. r.
Kopecký v. r.
Fierlinger v. r.
Kliment v. r.
Dr. Ševčík v. r.
Děuriš v. r.
Dr Dolansky v. r.
Krajčir v. r.
Dr Clementis v. r.
Petr v. r.
Maj-Gen Svoboda v. r.
Dr. Ing.
Dr Gregor v. r.
Dr Neuman v. r.
Nosek v. r.
Erban v. r.
Cable v. r.
Plojhar v. r.
Dr. Unedible v. r.
Ing. Jankovcová v. r.
Dr Cap v. r.
Dr. Šrobár v. r.
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Regulation Information
| Citation | Act No. 106 / 1949 Coll., on the set-up of income from private gainful activities for the payment of service income and rest payments of certain public servants |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.04.1949 |
|---|---|
| Effective from | 24.04.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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