Act of the Czech National Council No. 115 / 1988 Coll.
Act of the Czech National Council amending and supplementing the Act on National Committees.
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Effective from 01.07.1988
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115
THE LAW
Czech National Council
of 27 June 1988
amending and supplementing the Law on National Committees.
The Czech National Council decided on this law:
Act No. 69 / 1967 Coll., on National Committees, as amended by the Act of the Czech National Council No. 33 / 1970 Coll., on Financial Administrations, the Act of the Czech National Council No. 57 / 1971 Coll., amending Act No. 69 / 1967 Coll., on National Committees, the Act of the Czech National Council No. 116 / 1971 Coll., on Committees and Commissions of People's Control, the Act of the Czech National Council No. 146 / 1971 Coll., amending and supplementing the Act on National Committees on certain sections of the National Administration, the Act No. 49 / 1982 Coll., amending and supplementing the Act on National Committees on certain sections of the National Council No. 133 / 1985 Coll.
1. In Article 2, the following sentence is inserted after the first sentence: "State enterprises are set up to meet citizens' material and cultural needs, manage their state economic organisations, establish and manage budgetary and contribution organisations and facilities (hereinafter referred to as" organisations established, managed or administered by the National Committee ').'
2. Paragraphs 3 and 4 are deleted in Paragraph 6a.
3.
(1) For organisations which have not been set up, managed or managed by the National Committee, the National Committee shall exercise state administration in its territorial district. The specific provisions governing the various sections of the administration shall specify in which cases these organisations must follow the measures of the national committees. The national committees shall, to the extent they are entrusted with their competence, monitor how such organisations comply with the obligations imposed on them by specific provisions governing individual sections of government.
(2) The national committees coordinate and control the activities of organisations which have not been set up, managed or managed by the national committee in respect of internal trade and the provision of other services for the population, housing construction and maintenance of residential property, the creation and protection of the environment, racing and the development of culture, physical education, sport and recreation. Paragraph 6 (3) of the second and third sentences shall apply mutatis mutandis.
(3) Organisations which have not been established, managed or managed by the National Committee are involved in ensuring the comprehensive economic and social development of the national committees' territorial districts. They shall cooperate with the national committees and, in cases provided for in specific provisions, submit to them, for a binding opinion, evidence of the investments to be made and other important measures needed by the national committees to ensure the overall development of the region, district, town and municipality.
(4) The national committees shall define the organisations which have not been established, managed or managed by the national committee, their contribution to ensuring the comprehensive economic and social development of their territorial area and to creating and protecting the environment in the manner and to the extent laid down by specific laws, and shall check how such organisations fulfil their obligations to ensure the needs of the comprehensive economic and social development of the territorial areas of their national committees and the obligations to the budgets of national committees.
(5) National committees shall give an initiative to draw the attention of organisations which have not been established, managed or managed by the National Committee to shortcomings in the use of their resources and require them to comment on these warnings. '
4. Article 14 (2) reads as follows:
"(2) The Member shall, at least once a year, account the electorate of his activities. ';
5. In Article 15 (1) (c), the words "organisations and equipment managed 'are replaced by" organisations established, managed'.
In point (d), the words "organisations and establishments managed 'are replaced by the words" organisations established, managed' and the words "or establishments' are deleted.
in point (e), the words "Socialist organisations which do not manage or manage the National Committee 'are replaced by the words" organisations which have not established, managed or managed the National Committee';
6. in Article 16 (1) (b):
"(b) report to the electorate on its work in the National Committee, on the handling of their initiatives and comments, and inform the organisation in the National Front which proposed it as a candidate for election to the National Committee;"
In paragraph 2, at the end of the sentence, the words "and participate in their deliberations' shall be added.
7. In the second sentence of Paragraph 17 (1), the words "and provide him with the necessary leave of absence 'are deleted.
In paragraph 2, the third sentence shall read: "Other Members and Members of non-Members of the Commission shall be granted the necessary leave of absence for an organisation for which they are in work or other similar relationship with compensation for wages; the Government shall lay down regulations in which cases they may still receive remuneration from the National Committee for the performance of their duties. ';
Paragraph 3 shall read as follows:
"(3) The Member of the National Committee may, in the performance of his duties, use free of charge bulk means of transport to the extent and under the conditions laid down by the Government by the Regulation. The Government shall also lay down in more detail the provisions of the Regulation on the granting of remuneration and reimbursement to Members of actual expenditure. ';
8. In Paragraph 21, the words "establish and 'are deleted from the introductory sentence.
9. In Paragraph 22, the words "State 'are inserted after the words" Management' in paragraph 1 and the words "Administration 'are deleted.
10. The following Section 22a is inserted after Section 22:
If a national committee is set up to procure the activities referred to in § 21 of the State Enterprise, it shall have the rights and obligations of the founder under the special regulations. (1) Paragraphs 7 and 22 (3) shall apply mutatis mutandis; the obligation of the national committee to compensate for damage to property shall be governed by special regulation.2) ';
11. Paragraph 22a shall be renumbered Article 22b as follows:
The Director of a State Enterprise, the founder of which is the National Committee, shall be responsible for the activities of the Company and for the results of its management to the National Committee which established it and to the working group of the State Enterprise. 3) The Director (Head) of the organisation (s) set up to carry out the tasks referred to in Article 21 shall be responsible for its activities to the Board of the National Committee. "
12. Paragraph 22b is renumbered Article 22c, which reads:
Local national committees and municipal national committees grant individual citizens permission to sell goods and to provide other services. The scope of the services which citizens may provide on the basis of the authorisation of national committees, the conditions for their authorisation, the content of the citizen's applications for authorisation, the formalities for such authorisation, the obligations of the citizens providing services and the withdrawal of the authorisations granted and their termination shall be regulated by the Government by the regulation. ';
13.
The national committees shall monitor the activities of organisations managed or managed by the national committees of a lower degree. ';
14. in Paragraph 24 (1) (b), the words "to the extent and under the conditions laid down by the Government" shall be deleted;
In paragraph 2, the words "organisations managed by them and managed by them 'are replaced by the words" organisations established, managed or managed by the National Committee'.
15. The following Sections 24b, 24c and 24d are inserted after Section 24a:
National committees shall issue confirmations and draw up reports for the needs of citizens, state bodies and organisations only if they provide for generally binding legislation.
(1) If, as a result of a natural disaster or any other emergency, there is a threat to economic or public life in a municipality or in a city, the local national committee in a central municipality, the municipal national committee and the municipalities in which those national committees do not operate, the district national committee may impose an obligation on socialist organisations to provide personal and material assistance in order to remedy the consequences of such an event, unless otherwise provided for by a special law. General administrative provisions shall not apply to the imposition of this obligation.
(2) The organisation which provided personal and in-kind assistance is responsible for the reimbursement of the costs effectively incurred. The right to reimbursement may be exercised by the beneficiary organisation within three months of the date on which it was established, no later than two years after its establishment; otherwise this right shall cease to exist. The right to reimbursement shall apply to the national committee which has imposed the obligation referred to in paragraph 1. The national committee shall decide on the reimbursement of costs and shall grant such reimbursement.
(3) If the organisation fails to comply with the obligation imposed pursuant to paragraph 1 within the prescribed time limit without serious reason, the national committee may impose a fine of up to 200 000 CZK. If the obligation imposed has not been fulfilled even within the new deadline, the national committee may impose a fine again. The fine may be imposed within one year of the date on which the obligation imposed has been failed.
(4) The fine is the income of the national committee that imposed it.
(1) An organisation which does not maintain cleanliness and order on the land used by it and thereby impair the appearance of a municipality or a city may impose a fine of up to 20 000 CZK on the local national committee and the municipal national committee.
(2) The local national committee and the municipal national committee may impose a fine of up to 50 000 CZK on an organisation which pollutes the public area or puts things on hold outside the reserved posts.
(3) A fine may be imposed unless a special law provides for another penalty for the conduct referred to in paragraphs 1 and 2. The fine may be imposed within one year of the date on which the negotiations referred to in paragraphs 1 and 2 took place.
(4) The fine shall be the income of the national committee which imposed it. ';
16. Paragraph 25 (2) reads as follows:
"(2) Local National Committee
(a) manage primary schools, school and social care facilities to the extent specified by specific regulations, the local library of people and other cultural facilities according to local conditions;
(b) manage local communications and public lighting and provide other public services and other services for the population, according to local conditions (§ 21), including for the population of the catchment area; to that end, establish and abolish small establishments and may also establish a state enterprise;
(c) express its views on the establishment and demise of public undertakings, joint ventures and cooperative undertakings, their development and major changes in the subject-matter of their activities, (4) if they have their registered office in its territorial district; (5) if they have their registered office in its territorial district;
(d) give consent to the deployment of stores and establishments or facilities of other services, to the commencement and termination of their activities, to the limitation or cancellation of the services provided by them; specify, after consultation with the organisation, the sales time in the shops and the operating time in the establishments and service facilities; take measures to ensure the proper supply and provision of services to citizens;
(e) carry out public administration in other specified sections, in particular on the section of environmental protection, population records, mantle management, fire protection, construction, housing and non-residential premises, plant and animal production protection and protection of the agricultural land and forestry fund;
(f) carry out tasks relating to the operation of local public landfills to the extent laid down by specific provisions. "
17. § 25a reads:
A local national committee in a central municipality outside the scope of this Act (§ 25) and under special laws belong to the local national committee,
(a) establish and manage equipment for the management and maintenance of home property or establish a state enterprise for that purpose, where this is appropriate in view of the extent of such property; manage its national economic organisations providing services to citizens or performing the administration and maintenance of home property;
(b) express its views on the proposals for the development of the district, the medium and implementation economic plans and the budget of the District National Committee; the district national committee is obliged to discuss these proposals with local national committees in central municipalities and to inform them of the approved concepts, economic plans and budget and their implementation;
(c) in respect of organisations which have not been established, managed or managed by the National Committee;
1. Requires reports on their activities when they affect the living conditions of the municipality population and the tasks of the local national committee in developing its territory;
2. Calls for redress in the detection of shortcomings in their activities, where there has been a breach of socialist legality or social interests and thereby endangering the legitimate needs or living conditions of the municipality population; the organisation is obliged to notify the national committee within the time limit specified by it of how and until when it ensures the removal of the deficiencies;
3. Suggests that a disciplinary measure or other penalty be imposed on a worker responsible for deficiencies which have not been remedied within the time limit notified by the organisation to the National Committee;
4. in the event of serious or repeated deficiencies in the operation of establishments and installations, it may submit proposals for the necessary cadre measures. ';
18. Article 26 (2) and (3) read as follows:
"(2) The municipal national committee outside the jurisdiction of the local national committee in the central municipality or entrusted to the municipal national committees by special laws may establish state undertakings, manage its state economic organisations or establish and manage other organisations and facilities needed to meet the needs of citizens. The municipal national committee of the first category shall establish or establish, in particular, organisations providing paid services, public utility services and the administration and maintenance of household property.
(3) Furthermore, the Municipal National Committee
(a) in respect of organisations which have not been established, managed or managed by the National Committee;
1. Take an opinion on the intentions, concepts and other measures in so far as they affect the development and construction of the city and the needs of citizens;
2. issue consent to the location of the organisation or part thereof (establishment, establishment, etc.) on the territory of the city;
3. assess and deliver an opinion on social development programmes of organisations in relation to their economic, social and cultural development;
(b) express its views on the proposals for binding opinions issued by the competent authorities of the State on proposals for the deployment of selected investments, in particular in terms of natural resource requirements, housing construction, impact on the creation and protection of the environment. "
Paragraph 4 is deleted and paragraphs 5 and 6 are renumbered paragraphs 4 and 5.
19. In Paragraph 27 of paragraph 4, part of the sentence after the semicolon is deleted.
In paragraph 5, the second sentence is: "It may set up a state enterprise or manage an organisation providing for one of the activities referred to in Paragraph 21 if it serves to meet the needs of several municipalities and if it is more efficient to manage them at that stage."
the following paragraph 6 is inserted after paragraph 5:
"(6) The establishment of a state-owned undertaking, the regional national committee of which is the founder, the development of the enterprise, the fundamental change in the object of its activity and the demise of the state-owned enterprise (4), shall be discussed by the district national committee with the local national committee or the municipal national committee in whose territory the seat of the state-owned enterprise is situated. ';
20. Paragraph 28 (2) reads:
"(2) The Regional National Committee shall issue binding opinions on proposals to deploy selected investments in accordance with specific rules. ';
The first sentence of paragraph 5 shall read: "The Regional National Committee may, where appropriate, set up state undertakings or manage its state economic organisations, or establish, manage or manage other organisations which serve to meet the needs of more than one district or region or provide specially specialised services. '
the following paragraph 6 is inserted after paragraph 5:
"(6) The establishment of a state-owned enterprise, the Regional National Committee of which is the founder, the development of the enterprise, the fundamental change in the subject of its activity and the demise of the state-owned enterprise (4), shall be discussed by the Regional National Committee with the local national committee or the municipal national committee in whose territory the seat of the state-owned enterprise is situated. ';
21.
"Plan, Budget and Property Management."
22. In Paragraph 30 of paragraph 2, the words "or extending their scope 'shall be deleted.
23. in Paragraph 31 (1):
"(1) The budget of the National Committee shall contain, in a defined breakdown, the revenue and expenditure of the National Committee and its budgetary organisations, including financial relations with the State-owned enterprises of which it is the founder and its State-owned economic and contribution organisations. ';
24. in Paragraph 32 (1) (a):
"(a) revenue from State-owned enterprises set up by the National Committee and from organisations managed or managed by the National Committee, to the extent provided for by specific rules,"
25. the following Article 34a is inserted after Article 34:
The surpluses of the national committee are left to it for further development of the territorial district. '
26.
The National Committee and the organisations set up, managed or managed by the National Committee shall manage the property in socialist social ownership, which shall serve to carry out their tasks or the property for which they have the right to manage. ';
Article 27 (36) reads:
National property for which the State Economic Organisation, managed by the National Committee, exercises the right of management or national property for which the National Committee has the right of management and uses it for one of the purposes set out in Paragraph 21, may be transferred to the management of an organisation which has not been established, managed or managed by the National Committee, where there is doubt as to which organisation is responsible for the management of that property, or where it is a matter of immovable property which is needed for the implementation of the construction, its use or for rendering. '
28. In Article 38, the words "further to the establishment and management of their economic organisations (Sections 21 and 22), the matters of asset management (Sections 35 and 36) 'are replaced by the words" further to the exercise of the rights and obligations of the founder of state enterprises (Sections 22a), the management of its state economic organisations (Sections 21 and 22), the management of assets (Sections 35 and 36)'.
29. in Paragraph 39 (2):
"(2) The plenary session of the National Committee is reserved for:
(a) approve the long-term development concepts of the national committee's territorial area; If it is the Regional National Committee, also approve proposals for long-term regional perspectives and proposals for medium-term and implementing regional plans;
(b) approve the medium-term and implementing economic plans of the national committee and evaluate their implementation, establish overall relations with the plan and budget of the national committees of lower grades;
(c) approve the national front election programmes and check their implementation;
(d) approve the territorial plans;
(e) approve the national committee's budget and final account and decide on the acceptance of the loan or loan;
(f) to establish state-owned enterprises, decide on their demise, merge and abolish state economic organisations and establish, merge and abolish the budgetary and other organisations and facilities of the National Committee;
(g) to decide on territorial changes and to set up a single national committee for several municipalities;
(h) determine the number of members of the national committee, the number and boundaries of the constituencies;
(ch) to establish and disturb the commissions, trade unions and other bodies of the National Committee, to determine the division of work between the authorities of the National Committee, to approve the Rules of Procedure of the Plenary Session, the People's Review Committee and the Rules of Procedure of the National Committee;
(i) elect the President, Vice-President and Secretary of the National Committee, other members of the Board, as well as the chairmen, secretaries and other members of the National Committee's commissions, as well as withdrawing them from office;
(j) elect a chairman, a Vice-President and other members of the Committee of People's Control of the National Committee and remove them from office as well as approve the Committee's work plan; discuss the results of important checks and proposals for action;
(k) appoint a head of trade union and hygienist and remove them from office, as well as appoint and remove them from office as Chief of Fire Protection Administration on a proposal from the Chief of Fire Protection Department;
(l) to decide on generally binding Regulations of the National Committee;
(m) to elect and dismiss judges from the people;
(n) to decide on the delegation of the national committee to the national committees of lower grades in accordance with specific rules;
(o) to grant honorary citizenship to the municipality (s) and to the national committee. ';
30.
(1) The National Committee may decide to present certain fundamental issues of the life of the municipality or city or the activities of the National Committee to citizens before its decision; It shall do so whenever it comes to the long-term concept of the development of the territorial area, the election programme of the National Front, the territorial plan of the municipality or the city, the draft budget of the National Committee, serious territorial changes (in particular the merger, division or cancellation of the municipality) or the creation of a single national committee for several municipalities, proposals for generally binding regulations, where they significantly regulate the rights and obligations of citizens, and fundamental changes in the trading and service networks. The National Committee may decide to present some of the basic issues of the life of the municipality or city before its decision to comment to the organisations associated in the National Front.
(2) The National Committee, in close cooperation with the organisations associated in the National Front, will ensure that citizens are able to get to know the proposed measures properly. Citizens shall make comments at public meetings at civil committees, through organisations associated in the National Front, through their Members or by written submission to the National Committee. ';
31. in Paragraph 42 (1):
"(1) The Plenary Session of the National Committee shall meet at least four times a year for a proper meeting. ';
32. In Paragraph 45, after paragraph 1, the following paragraph 2 is inserted:
"(2) The Chairman of the National Committee shall have the right to use a hanging badge with a State emblem on important occasions and civil ceremonies. The Council of the National Committee may determine in which cases another Member of the National Committee may use this emblem. '.
Paragraph 2 shall become paragraph 3.
33. in Paragraph 46 (2):
"(2) The Council of the National Committee shall in particular:
(a) develop and ensure the performance of the tasks arising from the resolutions of the national committee, the advice of the national committees of higher degrees and the government resolution; discuss and deal with initiative proposals by, and advice from, committees, committees, committees, committees and other bodies of the national committee and national committees; organise work on the preparation of the National Committee's plan and budget and discuss their proposals;
(b) evaluate the results of the activities of organisations managed or managed by the national committee, appoint and remove their managers, establish their salary and the principles of their material interest; appoint and withdraw the main controllers of such organisations;
(c) preparing proposals for long-term regional perspectives and proposals for medium-term and implementing regional plans;
(d) coordinate the preparation of binding opinions prepared by the national committee authorities;
(e) propose and coordinate the preparation of the pooling of resources and activities;
(f) perform the duties of the founder in accordance with the special regulations of the State-owned enterprises set up by the National Committee, unless they are reserved for a plenary session (Sections 22b and 39) or for a National Committee Commission (Section 54);
(g) define, in the manner and to the extent provided for by specific laws, the participation of organisations in the security of the comprehensive economic and social development of the national committee's territorial area and in the creation and protection of the environment;
(h) manage and unify the work of the National Committee's commissions and create the conditions for their work; ensure and control the discussion and resolution of their proposals, initiatives and comments;
(ch) create favourable conditions for the effective work of Members of the National Committee;
(i) manage the activities of trade unions, administrative commissions and special bodies of the National Committee, impose tasks on them, supervise their implementation and ensure that their activities are rationalised; establish the working capacity of the trade unions, their internal organisation and the number of staff; sets out key tasks in the cadre work, ensures the increase in the qualification of trade union workers and sets the salary of head of trade union and head of special bodies (Section 63b),
(j) control and evaluate the performance of the administration by the authorities of the national committee and the authorities of the national committees of lower grades;
(k) manage the heads of organisation (s) managed or managed by the national committee, which procure the activities referred to in Article 21;
(l) imposes an obligation on socialist organisations to provide personal and material assistance in order to address the consequences of natural disasters or other emergencies (§ 24c);
(m) take the advice of the local national committee or the municipal national committee, express its views on the establishment and demise of state undertakings, joint ventures and cooperatives, on their development and major changes in the subject of their activity; (4) further express its views on the formation and demise of uniform agricultural cooperatives, housing, consumption, production and, where appropriate, other cooperatives, on their development and on the fundamental changes in the subject of their activity; 5)
(n) grant public recognition;
(o) approve its rules of procedure and the conditions of employment of the National Committee;
(p) evaluate the results of the socialist competition organised by the National Committee. "
34. The following Section 52a is inserted after Section 52:
Unless otherwise provided for in the specific provisions, the rules of organisation of the National Committee shall determine who shall perform the tasks of the Head of Organisation under the specific rules in each section of the activities of the National Committee. ';
Article 35 (54) reads as follows:
(1) The Commission, as initiative bodies, deals with development issues on its section and presents its proposals to the National Committee or its Board and comments on the proposals prepared for the plenary session of the National Committee. They are based on knowledge of local conditions, needs and interests of citizens.
(2) The Commission, as supervisory bodies, is in charge of the activities of organisations set up, managed or managed by the national committee, but does not interfere with their operational management. They also oversee the work of trade unions and administrative commissions, in particular respect for socialist lawfulness in the exercise of state administration and the timeliness and quality of handling of citizens' affairs. If they find shortcomings in the work of trade unions, administrative commissions or in the activities of organisations managed or managed by the national committee, they shall impose binding measures on the heads of these bodies and organisations to eliminate them. The directors of state enterprises set up by the National Committee draw attention to the shortcomings identified. If no correction is made, they shall submit appropriate proposals to the Board. The Commission shall continue to monitor and control the application of its competence and competence in the various sections of the work of the National Committee and the implementation of the resolutions of the National Committee and its Board.
(3) The Commission further controls the activities of organisations which have not been established, managed or managed by the National Committee in respect of the activities referred to in Article 7 (2).
(4) In their monitoring activities, the Commission shall base its findings on and cooperate with citizens and civil committees.
(5) The Commission, as executive bodies, takes the measures referred to in Paragraph 38 and other measures on the issues entrusted to them by the plenary session. They may not take measures in matters reserved for the plenary session of the National Committee (Sections 22b and 39) or its Board (Sections 46). The Commission of the Local and Urban National Committee, which has not set up trade unions, shall also carry out trade union tasks. ';
36. In Paragraph 59 (1) at the end of the last sentence, the words "organisations managed or managed by the competent national committee 'are replaced by the words" organisations established, managed or managed by the national committee'.
37. In Paragraph 61 (1), the words "taking into account the scope of their tasks' shall be added at the end of the sentence.
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Regulation Information
| Citation | Act of the Czech National Council No. 115 / 1988 Coll., amending and supplementing the Act on National Committees. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.06.1988 |
|---|---|
| Effective from | 01.07.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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