Act No. 113 / 1993 Coll.
Law on the Fund for Children and Youth
Valid
Effective from 08.04.1993
113
THE LAW
of 23 March 1993
on the Fund for Children and Youth
Parliament has decided on this law of the Czech Republic:
(1) A Fund for Children and Youth ("the Fund") is hereby established.
(2) The Fund is a legal person; is entered in the Commercial Register. Approval of the Statute of the Fund shall be subject to registration in the Commercial Register. The seat of the Fund is Olomouc.
Property
(1) The property consists in particular of:
(a) movable and immovable property;
(b) funds;
(c) participating in the business of natural and legal persons and other property rights.
(2) The Fund manages the property.
(1) The revenue of the Fund is part of the assets.
(2) In addition to the revenue from own business and the equity interests of the Fund for the business of natural and legal persons, as well as the sale of such holdings, the income from securities and the proceeds from public collections and lotteries organised by the Fund, the income from the Fund is also the income from the Fund.
(3) The Fund shall adopt gifts and inheritance, if this is in accordance with this law, and shall apply them under conditions and for purposes determined by the donor or the deceased.
Institutions of the Fund
The institutions of the Fund shall be the Chairman of the Fund Committee (hereinafter referred to as the President), the Fund Committee (hereinafter referred to as the Committee), the Supervisory Board of the Fund (hereinafter referred to as the Supervisory Board) and the Director of the Fund (hereinafter referred to as the Director).
(1) The Committee has nine members. The President and eight other members of the Committee shall elect and dismiss the Chamber of Deputies for a term of office of four years. The chairman and members of the Committee may be re-elected, but not more than two consecutive terms of office.
(2) The President and the Committee are responsible for their activities to the Chamber of Deputies.
(3) The Chamber of Deputies shall determine the remuneration for the duties of the President and members of the Committee. The President and members of the Committee shall be entitled to reimbursement of the necessary expenses associated with the performance of their duties. Such remuneration and compensation shall constitute expenditure relating to the activities of the Fund.
(1) A citizen of the Czech Republic may be elected chairman or member of the Committee, who
(a) is eligible for legal action;
(b) is civil and fulfils the conditions laid down in a special law, 3)
(c) he has not served at the level of the municipal, district, district and higher organisation in the former Czechoslovak Youth Union or in the former Socialist Youth Union.
(2) The duties of chairman or member of the Committee shall end:
(a) the expiry of the term of office;
(b) by appeal,
(c) by resignation,
(d) death.
(3) The Chamber of Deputies shall remove the chairman or committee member from office,
(a) where he has been definitively deprived of his legal capacity or of his legal capacity, he has been definitively restricted;
(b) where he has been convicted of a criminal offence in force;
(c) if he has not performed his duties for more than three months;
(d) if they do not fulfil the obligations laid down by this law,
(e) where he performs a function incompatible with the duties of chairman or member of the Committee.
(1) The duties of the President and a member of the Committee are incompatible with the duties of a Member or Senator, a member of the Government, with those of political parties and political movements, with those of child and youth organisations, with those of the Director or of the staff of the Fund, with those of the governing and supervisory bodies of the legal entities in which the Fund manages its participation or which have been provided with assets under this law.
(2) The members of the Committee may not participate in the business of natural and legal persons in which the Fund manages the holding or which have been provided with assets under this Act.
The President
(1) The President shall direct the work of the Committee and act on behalf of the Fund externally.
(2) The President in particular:
(a) submit to the Committee for consideration, the Government for observations and the Chamber of Deputies for approval
- the draft Statute of the Fund and its amendments,
- the draft budget of the Fund and the annual accounts,
- the annual report within three months of the end of the financial year,
(b) appoint and dismiss the Director, 4)
(c) submit to the Committee for approval and to the Government and the Chamber of Deputies for information a programme of activities of the Fund for the following financial year (hereinafter referred to as "the programme of activities") not later than one month before the beginning of the financial year;
(d) submit to the Committee for approval a draft of the Organisation and Conditions of Employment of the Fund;
(e) publish the annual report within one month of its approval.
Committee
(1) The Committee shall examine:
(a) the draft Statute and its amendments;
(b) the annual report;
(c) the Fund's budget and the Fund's annual accounts.
(2) The Committee shall approve:
(a) the organisation and conditions of employment of the Fund;
(b) the programme of action.
(3) The Committee decides on the use of the assets under the Statute of the Fund.
(4) The Committee shall exercise the rights arising from the holding in companies.
(5) The Committee shall take decisions by an absolute majority of its members.
(6) If it is a legal act requiring written form, the President and one member of the Committee shall be signed.
Supervisory Board
(1) The Supervisory Board is the body which oversees the operation and management of the Fund and its bodies. The Board of Supervisors has five members. The members shall be appointed and dismissed by the Government for a term of office of four years.
(2) The Supervisory Board shall immediately inform the Government and the Chamber of Deputies of the deficiencies identified in the operation and management of the Fund and the institutions of the Fund.
(3) The Government shall determine the remuneration of the members of the Supervisory Board for the performance of their duties. The members of the Supervisory Board shall be entitled to reimbursement of the necessary expenses associated with the performance of their duties. Remuneration and compensation shall be expenditure relating to the activities of the Fund.
(4) Paragraph 10 of this Act shall apply mutatis mutandis to the conditions for the establishment and termination of the duties of a member of the Supervisory Board and to the conditions of conflict of interest.
Director
(1) The Director shall be the Executive Body of the Fund. He shall be a staff member of the Fund who is entitled to act and decide on behalf of the Fund on all matters relating to the Fund, unless the act or decision under this law is entrusted to other bodies. It shall be the head of the organisation in relation to the other staff of the Fund. The Director shall be accountable to the President for his work.
(2) The Director shall be subject to legislation as staff of the public authorities. 5)
FUND staff
(1) The staff of the Fund are engaged in other activities which are not entrusted to the Fund's bodies under this Act.
(2) The provisions of the legislation on staff of the Fund shall apply to staff of the public authorities. 5)
Statute of the Fund
(1) The details of the organisation and operation of the Fund are laid down in the Statute of the Fund.
(2) The Statute of the Fund shall include in particular:
(a) the subject matter of the business;
(b) the rules of procedure of the Committee and the Supervisory Board;
(c) the conditions for the provision of funds under this law and the way in which the granting of funds is decided;
(d) the marginal share of expenditure linked to the Fund's activities in the aggregate value of assets at comparable prices;
(e) rules for the preparation of the action programme and the annual report;
(f) representation of the Chairman of the Committee.
Provisions common, transitional and final
For the purposes of this Act, children of persons who have not completed 18 years of age shall mean young persons who have not completed 26 years of age.
(1) The right to dispose of property under this Act arises from the date of the entry into the Commercial Register of the Fund.
(2) The Fund shall be entrusted with the date referred to in paragraph 1:
- movable and immovable property of the former Socialist Youth Union, which is owned by the Czech Republic,
- funds raised in connection with the acquisition and management of the assets of the former Socialist Youth Union, deposited in a special account of the Ministry of Economy of the Czech Republic,
- participation in the business of legal persons arising from the assets of the former Socialist Youth Union, which is subject to recovery under a special law. 6)
(3) The assets of the former Socialist Youth Association, which were to be issued by its successor organisations under the Special Act (6), shall be transferred to the management of the Fund and the use of the Fund from the date referred to in paragraph 1 to the Czech Republic and have not yet done so.
(4) The date referred to in paragraph 1 shall be transferred to the Fund:
(a) from the Ministry of Economy of the Czech Republic, the law and obligation of the founder of companies arising from the assets of the former Socialist Youth Union, which is subject to the Special Act (6),
(b) the right to represent the Czech Republic in disputes brought against persons who have not issued the property under the Special Act (6) and under that Act;
(c) the rights and obligations of employment relationships in the event that those rights and obligations were on that date in respect of property under this Act, the Czech Republic or its institution;
(d) the right of use established by the former Socialist Youth Union.
(5) In the management of the property, the Fund is governed by Act No. 219 / 2000 Coll., on the property of the Czech Republic and its appearance in legal relations, unless otherwise provided for by this Act.
(1) The Fund will settle in kind and cash compensation by child and youth organisations under a government decree issued under this Act.
(2) Pending the entry into force of the Decree of the Government referred to in paragraph 1, the Fund shall conclude a contract on the free use of immovable property with those child and youth organisations which owned it on 25 February 1948 and which were renewed until the date of entry into force of the Special Act, (6) provided that they use it to promote activities for the benefit of children and youth referred to in Article 2 of that Law.
(1) The draft Statute of the Fund must be delivered to the Chamber of Deputies within 30 days of the appointment of the President and an absolute majority of the members of the Committee.
(2) The Committee's deliberations shall be governed by the provisional rules of procedure to be adopted by the President pending approval of the Statute of the Fund.
This Act shall take effect on the day of its publication.
Uhde v. r.
Havel v. r.
Klaus v. r.
1) For example part one, Title IV of Act No. 513 / 1991 Coll., Commercial Code.
2) § 68 paragraph 3 (c) and (e) of Act No. 513 / 1991 Coll.
2a) Act No. 248 / 1995 Coll., on public utility companies and amending and supplementing certain laws.
3) Act No. 451 / 1991 Coll., laying down certain other conditions for the performance of certain functions in state bodies and organisations of the Czech and Slovak Federal Republic, the Czech Republic and the Slovak Republic.
4) § 27 of Act No. 65 / 1965 Coll., Labour Code, as amended.
5) For example, § 73 to 75 of Act No. 65 / 1965 Coll., Act No. 143 / 1992 Coll., on the salary and remuneration for on-call duty in the budget and in some other organisations and bodies, Decree of the Government of the Czech Republic No. 253 / 1992 Coll., on the pay ratios of employees of public authorities, some other institutions and municipalities.
6) Constitutional Act No. 497 / 1990 Coll., on the Recovery of Assets of the Socialist Youth Association of the People of the Czech and Slovak Federal Republic.
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Regulation Information
| Citation | Act No. 113 / 1993 Coll., on the Children's and Youth Fund |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.04.1993 |
|---|---|
| Effective from | 08.04.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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