Government Decree No. 139 / 1949 Coll.
Ordinance on the Organisation of the People's Administration in the Counties
Valid
Effective from 10.06.1949
139.
Government Regulation
of 7 June 1949
on the organisation of the People's Administration in the counties.
The Government of the Czechoslovak Republic orders pursuant to § 43, paragraph 1 of the Law of 21 December 1948, No 280 Coll., on the Regional Establishment:
Number of members.
(1) The District National Committee has 24 members in counties up to 35 000 inhabitants, in counties over 35 000 inhabitants in 30.
(2) The population shall be collected according to the last general census carried out for the effectiveness of this Regulation; Before this census is carried out, the population shall be determined according to another official finding. In doubt, the Ministry of the Interior decides.
Dissolution.
(1) The Minister for the Interior or the Regional National Committee empowered by him may dissolve the Regional National Committee. In particular, it may do so if the district national committee fails to fulfil its tasks or if its activities jeopardise the proper performance of the public administration. If there is no danger of delay, the Minister of the Interior shall hear the relevant Regional National Committee before dissolution.
(2) The Minister for the Interior or the Regional National Committee, authorised by him, shall take the necessary measures for the interim management of the administration, for a transitional period until the authorities newly elected have taken office.
Plenary session.
(1) The District National Committee determines at its plenary sessions the direction of action and policy of the District National Committee. Within the limits of the resolution of the plenary session, the executive bodies, which are the Council, the President and its Deputy (Deputy), the Members and the Commission, shall manage the people.
(2) The Regional National Committee is reserved in plenary
(a) approve, within the framework of the Single Economic Plan and the Regional Plan, the long-term programme of construction of the district and the schedule of tasks to be undertaken by the district national committee;
(b) decide on the budget and discuss the accounts of its management;
(c) issue, on the basis of statutory provisions, general legislation on the imposition of benefits, fees, allowances and similar transactions;
(d) electors from among their members of the President, his Deputy Deputy (Deputy) and the referees, recall them and establish and abolish commissions;
(e) to establish and abolish municipal undertakings and their boards and to appoint and dismiss members of such boards;
(f) decide on matters reserved for specific provisions of the decision of the Plenary Session.
(3) Plenary sittings must be submitted for consideration
(a) matters of a political nature;
(b) matters of exceptional economic importance.
(4) The Plenary Session controls the activities of its executive bodies, in particular how they implement the long-term district construction programme and tasks plans. The executive agencies are therefore obliged to report on their activities to the plenary session. The Plenary Session gives them, within the framework of the directives and guidelines of higher institutions, general guidelines and specific guidelines and initiatives.
(5) The Regional National Committee may decide in plenary on any matter falling within its competence.
Council.
(1) The members of the Board are the President, its Deputy (Deputy) and the Members. The Council has 8 members in counties up to 35,000, 11 members in counties over 35,000.
(2) The Council shall manage all activities of the District National Committee. It shall be responsible for managing all matters falling within the competence of the District National Committee, unless they are reserved for the plenary session or the President.
(3) The Council is reserved in the College
(a) to prepare the matters to be discussed in plenary;
(b) authorise, under the budget, expenditure in excess of CZK 50,000 per case;
(c) in the field of the management of national property, the administration of which belongs to the district national committee, within the limits of the rules on which it is issued
laying down the Directive on the management of property,
to be quashed in legal proceedings involving an amount exceeding CZK 50,000 or a matter (law) whose general value exceeds that amount,
(d) pending new legal arrangements for staff of the People's Administration in the matters of district staff
to regulate their duty and salary matters and to systemize their posts,
to receive and release, and to appoint a staff member, with the exception of manual labour, for hourly, daily or tasking,
(e) establish and withdraw managers of municipal undertakings;
(f) decide in disputes on jurisdiction between the various referents and commissions;
(g) decide on matters reserved for specific provisions of the Council decision.
(4) Even in cases not covered by the provisions of paragraph 3, the Board of Directors shall decide on the matters of property law and on the personal matters of the staff member, where it is necessary for its decision to be approved by a superior body. It may, however, exceptionally, delegate decisions to the Commission or to the chairman or individual referees.
(5) In the absence of any of the cases referred to in paragraph 3 or 4, the Board shall take a decision in principle by means of referees; However, it may exceptionally delegate the commission to take decisions on its behalf to the extent specified by the Board. The Council shall be entitled to decide in the College on any matter on which it is for the Commission to decide otherwise.
(6) The Council is to be referred for consideration of matters of particular political importance.
(7) However, the Council may set up commissions at a time when the Regional National Committee does not sit, but is obliged to request the next plenary session for additional approval.
(8) The Council examines all decisions taken by the referee or his authorised staff member or commission if appeals have been lodged against them. If the Council considers that an appeal which is not inadmissible could be granted, it may, unless otherwise provided for by a special regulation, comply with the appeal application and settle the appeal, unless it concerns a decision in opposition taken by anyone other than the appellant. An appeal which has not been dealt with must be submitted to the chair of appeal, unless otherwise specified, within three weeks of their administration.
(9) The Council implements the resolution of the Plenary Session, unless another of its executive bodies has been entrusted with the implementation, is discussing and harmonising the work plans of the referees, is monitoring the activities of the referees and their reports and the work of the commissions, is discussing regularly reports on their activities and gives them binding guidance.
Chairman.
(1) The President shall represent the Regional National Committee and shall chair the plenary sessions and meetings of the Council.
(2) At a time when the Council does not sit, the President may take urgent measures which would otherwise require a resolution of the Council, but shall be obliged to request additional approval at the next meeting of the Council.
(3) The Chairman may also take urgent measures in the field of commission, but he shall be obliged to inform the Board and the committee concerned at their next meeting.
(4) If the officer fails to take the necessary measures in good time to properly arrange the work of his report, these measures shall be taken by the President and notified to the Board at its next meeting.
(5) The President shall unify the activities of the various referees and shall monitor the implementation of the directives of the superior bodies and of the directives at which the plenary session has been decided.
(6) If the President considers that the resolution of the plenary session or of the Council is out of their competence or that it is contrary to the rules or that it is contrary to the directives and instructions of the superior bodies, he shall cease to execute the resolution and notify the Regional National Committee thereof; until the matter is decided by the Council of the Regional National Committee, the resolution shall not be enforced. For the same reasons, the President is obliged to suspend the execution of a decision or measure by a commission officer or resolution and to notify the Council of the District National Committee, which shall then decide whether and if the decision (measure, resolution) which has been terminated can be enforced.
(7) The President shall be the Chief of Staff of all the staff of the District National Committee, assign them, if any, and delegate them to official functions. Employees who are (trained) for the specific tasks of individual departments (professional staff) may be used for other tasks only with the approval of the competent central office.
(8) The President has up to 35 000 inhabitants of the district, one deputy, two deputy.
(9) The President shall be accountable to the Plenary Session and to the Council for the performance of his office. He is obliged to follow orders and instructions from the Chairman of the Regional National Committee and the Minister of Interior.
Referents.
(1) The experts shall decide and take action on behalf of the Board in respect of matters which are not reserved for the Council or which do not belong to the President or the Commission; the scope of the decision-making power of the referees in matters referred to in Paragraph 4 (4) shall be adjusted by the Board.
(2) The experts are the immediate service heads of staff designated to arrange the work of their report. They may, with the agreement of the Council, authorise such staff to take decisions and take action under their orders.
(3) The experts are the chairmen of the committees set up in their report.
(4) If one of the referees is busy or unable to perform his duties temporarily for other reasons, he shall be represented by another. The Council shall determine the way in which the referees are represented.
(5) The representative shall be responsible for the performance of his office to the plenary session and to the Board under his authority. It shall follow the general orders and instructions of the Regional National Committee, the specific orders and instructions of the relevant Regional National Committee officer and the orders and instructions of the relevant central authorities.
The Commission.
(1) As a general rule, the Commission has an advisory function. However, pursuant to Paragraph 4 (4) and (5), the Council may delegate decision-making powers. The specific provisions under which the commissions have decision-making powers remain unaffected.
(2) General principles for the composition of commissions are laid down by the Ministry of the Interior. Specific provisions on the composition of individual commissions may be laid down by the relevant central authorities in agreement with the Ministry of Interior.
Subordination and supervision.
(1) The Regional National Committees are subordinate to the Regional National Committee and to the Government and, in their respective fields of competence, to the relevant regional national committee and to the relevant ministers and central offices.
(2) The Regional National Committees and their executive bodies are responsible for the observance of laws and regulations, as well as the directives and instructions of the superior bodies, to the President of the Regional National Committee and to the Minister of the Interior. The Regional National Committees, in particular their chairmen and referees, and the central authorities shall, in their field of competence, supervise whether the Regional National Committees and their executive components fulfil their duties.
(3) The central authorities exercise their authority over the regional national committees (§ 5, § 9, § 6, § 5 and § 8, § 1 and 2), except in cases of urgent need through regional national committees. If they contact the district national committee directly, they shall also be informed of any measures taken by the regional national committee concerned.
Rules of procedure.
(1) Plenary sittings shall be held at least four times a year and shall generally be public. The Plenary Session shall be convened if the Council or at least a quarter of the members so request, indicating the subject matter of the hearing, or if the Regional National Committee so decides.
(2) Meetings of the Council and of the commissions shall be held as necessary and shall normally not be public.
(3) The President shall direct meetings and ensure that peace and order are maintained in the negotiations and that it is conducted undisturbed. The biased members shall not be present at meetings.
(4) The Plenary Sessions and the Choir's Executive Elements are able to resolve if an absolute majority of all members are present. If the members do not meet in such a way that they are able to reach a resolution, the President shall convene them again to discuss the same programme. The Plenary Session and / or the Choir's Executive Components are able to resolve in the presence of at least one third of the members.
(5) More members than against the motion are required to vote in favour of the resolution. In the event of a tie, the proposal shall be deemed to have been adopted if the President has voted for it. The Rules of Procedure shall determine the minimum number of positive votes required for the adoption of the proposal; may also set a higher majority for some types of resolutions.
(6) The Rules of Procedure for the Plenary Session of the District National Committee and its Executive Board shall be adopted by a regulation.
Internal organization.
(1) The work of the District National Committee is carried out in reports. The following reports shall be established for each district national committee:
1. the General Home Affairs Report,
2. planning report,
3. safety report,
4. report for education, education and physical education,
5th Labour and Social Welfare Report,
6. health report,
7. financial report,
8. economic report,
9th agricultural report,
10. report for internal trade and nutrition,
11th technical report.
(2) Each report is headed by a referee. The President shall be a Secretary for General Home Affairs. The Deputy Chairperson must be a referee; If the President has two Deputy Directors, one of these Deputy Directors must conduct a planning report. The same officer may also lead several reports. At the request of the Member and with the agreement of the Regional National Committee, the Council may delegate a member of the Regional National Committee to assist the latter under his direction in the management of the work.
(3) The scope of the reports of the District National Committee shall be adequately covered by the provisions determining the scope of the reports of the Regional National Committees. Derogations may be determined by the Ministry of the Interior in agreement with the central office responsible for matters. The Government Decree of 22 February 1949, No 36 Coll., on the financial reports of the District National Committees, remains unaffected.
(4) The General Rules on External Relations and Internal Administration shall be issued by the Ministry of the Interior. Specific provisions for the internal administration of individual reports in terms of professional needs may be laid down by the relevant central authorities in agreement with the Ministry of Interior.
National Security District Command.
In order to procure national security tasks, a national security headquarters shall be established within the framework of a security report of the District National Committee. The Ministry of the Interior shall assign to this headquarters the necessary number of staff from the National Security Corps members and from the personal status of the staff of the General Administration, which shall be assigned to the national committees' security reports. The Ministry of Interior shall adapt the organisation and activities of the National Security Regional Command. It may provide for derogations from Paragraph 6 (1) and (2) and from the provisions governing the status of seconded staff.
District Secretary.
(1) The Council shall appoint a District Secretary from among the seconded staff. Confirmed by the Chairman of the Regional National Committee.
(2) The District Secretary shall assist the President in the exercise of his or her duties, shall be his or her executive body and shall represent him or her as the Chief Staff Officer. All employees of the District National Committee shall be subordinate to the District Secretary.
(3) The District Secretary shall attend plenary sessions and meetings of the Board; shall have an advisory vote in the meetings of the Board.
Personal equipment.
The Regional National Committee allocates the necessary number of staff to the District National Committees after their hearing and according to approved standardisation. Experts may exceptionally be seconded for a transitional period to a district national committee for the perimeter of several regional national committees. This district will be determined by the Regional National Committee.
Joint administration.
The Regional National Committees may be brought together by agreed resolutions of their Plenary Sessions, approved by the Regional National Committee, on joint provision of individual affairs of the people's administration; they may also be associated for the same purpose by decision of the Regional National Committee.
Transitional and final provisions.
For a transitional period, until such time as the regional national committees issued from the elections take effect, the Minister for the Interior or the Regional National Committee, acting on a proposal from the Regional Action Committee of the National Front, submitted through the Regional Action Committee of the National Front, shall appoint members and alternates of the Regional National Committees.
The Ministry of Finance shall, in agreement with the Ministry of Interior, allocate the necessary number of staff for professional financial services to the Regional National Committees in the framework of the approved system of service posts in their field of competence. In an agreement with the Ministry of Finance, the Ministry of the Interior will take over the necessary number of other staff of the authorities, whose responsibilities have been taken up under Decree No. 36 / 1949 Coll. of the Regional National Committees.
Measures taken to prepare the reorganisation of the People's Administration in the counties before the application of this Regulation shall be valid for measures taken under this Regulation if they comply with its provisions.
All provisions of the existing provisions which are contrary to or have been replaced by this Regulation shall be repealed. The provisions of the Act of 21 July 1948, No. 199 Coll., on municipal undertakings, and the regulations issued pursuant thereto, remain without prejudice.
This Regulation shall enter into force on the day of its publication; they shall be carried out by the Home Secretary in agreement with the participating members of the Government.
Zaporocký v. r.
Nosek v. r.
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Regulation Information
| Citation | Government Decree No. 139 / 1949 Coll., on the Organisation of the People's Administration in the Counties |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.06.1949 |
|---|---|
| Effective from | 10.06.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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