What is Act No. 140 / 1947 Coll.?

Act No. 140 / 1947 Coll., on the Rules of Procedure of the Constitutional National Assembly — Law on the Rules of Procedure of the Constitutional National Assembly.

When it became Act No. 140 / 1947 Coll. effectiveness?

Act No. 140 / 1947 Coll. became effective 08.08.1947.

Is Act No. 140 / 1947 Coll. still valid?

Yes, Act No. 140 / 1947 Coll. is still valid and effective.

Act No. 140 / 1947 Coll. - Law on the Rules of Procedure of the Con...

140.

Law

of 2 July 1947

on the Rules of Procedure of the Constitutional National Assembly.

The Constitutional National Assembly of the Czechoslovak Republic decided on this law:

Článek I.

(1) The following provisions of the Rules of Procedure may be amended by an autonomous resolution of the House:

Article 1 (2), (3) and (4);

Article 4 on the number of Vice-Presidents, Registrators and Organizers as well as Skriters;

Article 8 excluding provisions (a), (b) and (c);

§ 27, par. 2; § 31; § 33, 34 and 35;

Section 40, paragraphs 1 and 2; Sections 43 and 44;

Article 45 except paragraph 6;

§ 58 and 59;

Article 69;

Article 70;

Article 71 (2) and Article 72.

(2) Proposals for the autonomous amendment of these provisions or the addition of the Rules of Procedure within the limits of the law are discussed in the House as an outline of the laws.

Článek II.

The Law on the Rules of Procedure of the Constitutional National Assembly shall take effect on the date of its publication; to be carried out by the Minister for the Interior.

RULES OF PROCEDURE OF THE CONSTITUTION OF NATIONAL COMPARISON.

Část I.

Members.

§ 1.

Participation in meetings. The certificate.

(1) Members are obliged to participate continuously in all meetings and works of the House.

(2) For each meeting, the list shall be set out in full and in division, in which the Members present shall sign up themselves.

(3) If a Member is ill, he shall notify the President; If the disease lasts longer than one week, it will submit a medical certificate.

(4) For a written or telegraphic request, the President shall, within 7 days, grant leave to Members engaged in a necessary or important matter. A longer leave is decided by the House on a proposal from the President without debate by a simple vote. A Member shall immediately be informed in writing of the granting of leave for a longer period of 7 days or of the non-granting of leave. An additional written apology for non-participation shall be accepted and the Members shall confirm whether the Member also indicates the obstacles which prevented him from requesting the necessary leave and sends an apology when the obstacles cease. The President shall decide on the validity of the additional apology, if he or she has missed meetings not exceeding 7 days, on a proposal from the President without a simple vote, if he or she has missed a longer vote. The President may request that the reasons invoked by the Member be certified.

(5) The provisions of the first and fourth paragraphs shall not apply to Members who are members of the Government.

(6) The Member shall receive as an official document the identity of the photograph and signed by the President of the House.

§ 2.

The consequences of negligence.

(1) If a member of the Committee does not attend without a valid apology of two consecutive meetings of the Committee, but on different days held, he loses his mandate of the committee and half his salary according to the decree of the President of the Republic of 23 October 1945, No. 106 Coll., on the salaries of members of the Interim National Assembly, for the month closest to the following month.

(2) If a Member does not attend without a valid apology of four plenary sessions in succession but on different days held, the Bureau of the House shall act to be given written reprimand. This resolution shall be reported by the Bureau of the House at the next full meeting and, in addition, by the Bureau of the Club of which the Member is a member in writing. Moreover, the Member loses his entitlement to the full salary under Decree No. 106 / 1945 Coll. for one month.

(3) If an action has been taken against a Member in the same year three times in accordance with paragraph 2, the President of the House shall order the committee to report to the House with a proposal. The committee will propose that Members be given a public reprimand by the House. The Committee will also propose the loss of claims under Decree No. 106 / 1945 Coll. for a maximum of 6 months closest to the following. The committee proposal shall be decided by the House without debate by a simple vote.

(4) In all cases, it is possible for Members to express their views within the time limit.

Část II.

When the House is sitting and how it is established.

§ 3.

House meeting.

(1) The House shall meet at two regular meetings of the year; The President of the Republic, exceptionally the President of the House (Section 28 of the Official Journal), was also called to extraordinary meetings in spring and autumn.

(2) The sitting of the House is adjourned or adjourned and the House is dissolved by a statement by the President of the Republic (Sections 30 and 31 of the Official Journal.).

(3) If the sitting is closed (Paragraph 30 (1) of the Official Journal), the House shall continue the new sitting in accordance with the state in which it was held at the end of the session. However, the President of the Republic may declare, in the decree declaring the session closed, that the work of the House is suspended; Thus, all things that the House has not already done before the final resolution cease to be the subject of the House's deliberations. After such interruption in the work of the House, the same House may, in the new sitting, decide only on a proposal from the Government or an initiative committee that the committee to which the draft law is ordered in the previous sitting is required to continue its deliberations on the basis of the arbitration resolutions already taken in the previous sitting. The House shall decide on such a proposal without consulting the Committee and without debate by simple voting; it may also refer it to the Committee. The committees that the House has declared permanent may continue to act after the sitting. Paragraph 3, paragraph 3 of the Act of 18 December 1946, No 244 Coll., on the Parliamentary Audit and Economic Commission, remains unaffected.

(4) If the sitting is adjourned (Paragraph 30 (2) of the Official Journal), there is only a break in the work of the House; All committees may continue their work after the continuance.

(5) The dissolution of the House brings to an end all its work except the work of the Standing Committee under Article 7 (2) of the Constitutional Law of 11 April 1946, No 65 Coll., on the Constitutional National Assembly, and the Bureau of the House (§ 7, paragraph 4). The newly elected House may make a resolution on the proposal for an initiative committee or government in order to continue the discussion of the bill submitted to the already dissolved House.

§ 4.

Setting up meetings.

(1) The newly elected House will be set up in full session within 6 weeks of the announcement of the election results.

(2) The Prime Minister shall convene the meeting. It will be initiated and managed by the oldest member present in the House, accepting the pledge of Members (Paragraph 5 (1)), giving immediate effect to the election of the President and asking him whether he accepts the election. In doing so, they shall be responsible for all the rights which the President of the House has in the proceedings of the full meeting.

(3) If the President accepts the election, he will make a promise in the House (§ 6), he will take the Presidency, he will accept the pledge of the Member who has managed the meeting until now, he will make the election of the five Vice-Presidents, the ten scribes and eight organizers, then the Vice-Presidents will make the promises of the President (§ 6).

(4) The census shall be carried out by four writers appointed by the President of Members.

(5) All these elections are valid for the entire term, but an absolute majority of all Members would ask for new elections in writing; the elections will be held in the next meeting.

(6) The elected members of the Bureau shall retain their duties until a new election is made.

(7) If, during the term of office of the House, there is a need to re-elect the entire Bureau and the current President or Vice-President has not made a choice within two weeks, the oldest member of the House shall convene the House to elect a new Bureau no later than the next two weeks (paragraphs 2 and 3). If he did not, the House will meet in the next two weeks to choose a new Bureau. The meeting will be initiated and managed by the oldest member present in the House.

§ 5.

Members' vows.

(1) Members shall, at the first meeting before the Bureau is elected, take up the President's oath under Rule 22 of the Official Journal. in this way: Before entering the Chamber, a Member shall sign a statement containing this promise in the House Office, which the House Office shall confirm to him on the certificate which he will then prove when entering the Chamber. In the meeting, the President will then read the formula of the promise and the Members will take the oath individually by giving a hand to the President and the word 'I promise' (Paragraph 49).

(2) Members who enter the House later carry out the same promise in the hands of the President of the House.

(3) Denial of a promise or a promise subject to reservation is without further delay the loss of the mandate (Section 22 of the Official Journal), which will be declared by the President at the first meeting of the President, otherwise the President of the House.

§ 6.

A promise from the President and the Vice-Presidents.

The President and Vice-Presidents promise to "uphold the laws and hold the Presidency's office impartially to the best of their knowledge and conscience" (§ 49).

Část III.

House bodies.

§ 7.

The Bureau.

(1) The President and the Vice-Presidents shall form a Bureau to which it is for the House to lead and manage matters relating to it.

(2) The Bureau shall carry out its tasks:

(a) in full meetings;

(b) the President or the Vice-President in office.

(3) The Bureau's bodies are:

(a) writers;

(b) organisers;

(c) the chamber office.

(4) The President and the Bureau shall office after the end of the term of office of the House until the first meeting of the newly elected House.

§ 8.

Full Bureau meeting.

(1) A full meeting of the Bureau shall be held under the chairmanship of the President or Vice-President:

(a) a binding interpretation of the Rules of Procedure;

(b) the commandments of government proposals to the relevant committees;

(c) the reprimand of a Member who is negligent (§ 2 (2)) and the other consequences of his negligence (§ 2 (1) and (2), the removal of a Member who has been expelled (§ 52 (1)) or a Member whose word has been removed (§ 50 (3)) and the exclusion of a Member (§ 52 (2));

(d) the organisation of the House Office (§ 13);

(e) the time and agenda of the meetings of the House, unless the House itself has determined them;

(f) the order in which the Vice-Presidents shall be held by the President (Section 10);

(g) the order in which the subscribers operate (§ 11) and the organisers' directives (§ 12);

(h) expenditure under the House budget;

(i) the division of rooms in the House building, the adjustment of the audience's access to the gallery and the way in which the official reports on the deliberations of the House and committees are published;

(j) the printing of proposals (§ 19);

(k) petitions (§ 68);

(l) the establishment of a House Guard (§ 9 (5));

(m) the exclusion of speeches imposing on the Republic, endangering the security of the State or the grossly offensive, of speeches inciting such criminal offences or of acts approving from the House's writings distributed. The chairperson and the chairperson of the Committee shall decide on the exclusion of such speeches from the record (s) and annexes thereto;

(n) conduct a preliminary debate on government proposals distributed or circulated (§ 21 (1));

o) on time limits (§ 36 (1)).

(2) The Bureau shall be able to act in the presence of at least half of its members and shall act by a simple majority; The chairman shall vote together. In the event of a tie, his vote shall be decided. The President shall refer the matter to the Bureau for a resolution in writing outside the meeting.

(3) At least once within a period of two months, the Bureau shall invite the Advisory President of the Committees and Clubs to its meeting and hear their views on the intended programme of House work for the coming period, on the fundamental issues of interpretation of the Rules of Procedure and on administrative and technical measures for the work of the House, committees and clubs.

§ 9.

Chairman.

(1) The President shall convene the full meetings of the House (Rule 40), direct them, ensure that the Rules of Procedure are maintained and that the Rules of Procedure (Section 50 et seq.), give the floor, fix and ask questions when voting and declare the outcome thereof.

(2) If the order of the meeting is violated, the meeting may be suspended or terminated; If the audience cancels the meeting, he will have the disruptor removed. If necessary, he will have the gallery or any part of it vacated.

(3) The President closes the meeting (Paragraph 40) when he was previously asked if there was no proposal for its continuation (Paragraph 39 (2)) or the time and agenda of the next meeting (Paragraph 40 (2)).

(4) The President shall represent the House on the outside and shall sign the documents given by the House together with one of the minutes and the Secretary-General of the National Assembly. The President is directly subordinate to the House Office.

(5) In order to carry out official measures, even in the cases of Paragraph 52, the President shall be served by a guard, which shall be provided for each meeting by the Bureau in agreement with the Ministry of Interior; that guard is subject solely to the President in his capacity as House Guard.

§ 10.

Vice-Presidents.

The Vice-Presidents shall represent the President with all his rights and duties in the order of the Bureau.

§ 11.

Receptors.

The minutes shall examine Members' participation in the full meeting, oversee voting and holding elections, count votes, draw lots and report the result to the President; verify the minutes of the proceedings, sign together the documents of the House and supervise the performance of the shorthand and press services of the House. They shall act in the order determined by the Bureau.

§ 12.

Organizers.

Organizers are obliged to take care of order in the hall and in the House building according to the Bureau's guidelines.

§ 13.

House office.

(1) The House Office, headed by the Secretary-General of the National Assembly, and its Deputy Director, is the auxiliary body of the House and its Bureau (§ 7, par. 3, lit. c)). It is directly subordinate to the President of the House (§ 9 (4)). The Office shall provide the relevant official works for the House and its Bureau and committees, draw up minutes, shorthand records and reports on the deliberations of the House and its committees, retain and maintain the documents of the House, prepare a resolution of the House (committee and committees), adopt the House's submissions (proposals, reports from the Division, queries, interviews, replies, petitions), arrange for them to be delivered and printed, manage the library and archives, conduct the accounting, cashier, economic and all office service. It implements the measures needed to bring down the House pursuant to § 4, paragraph 7, second sentence.

(2) Otherwise, the provisions of the Act of 9 June 1922, No 186 Coll., amending the Act of 15 April 1920, No 328 Coll., on the organisation of the office of the Chamber of Deputies and of the Chamber of Deputies, and on the organisation of the office of the Chamber of Deputies and of the Regulations of Organisation and Staff of the Bureau.

Část IV.

The Deputies.

§ 14.

Setting up clubs.

(1) In order to facilitate the exercise of the mandate and political cooperation of Members, and also to facilitate contact with the Bureau and the institutions of the House, Members in the parliamentary clubs are brought together. At least five Members are required to form a club.

(2) The Bureau of the Club shall notify the Bureau of the Chamber of the formation of the Club and the names of the members of the Club and its Bureau, at the same time communicating the name of the Secretary of the Club and its representatives. The notification shall be signed by all persons concerned.

(3) State contributions from the House budget of 15% of the total amount of parliamentary salaries of all members of the club shall be granted to cover the costs of parliamentary clubs.

§ 15.

Club jurisdiction.

A member of the club shall be a Member whose membership has been notified to the Bureau of the Club pursuant to Rule 14 (2) of the Bureau of the House. The Member shall cease to be a member of the Club if he has notified the Bureau of the House and the Bureau of the Club that he is leaving the Club or if he has notified the Bureau of the Club to the Bureau of the House that he no longer considers the Member as a member of the Club.

§ 16.

Signatures for the club and representation of the club chairman.

(1) The Club President, after the Vice-President, represents the Club.

(2) If the President of the Club or the Vice-President representing him on behalf of the Club for the election provided for in Paragraph 60, it shall be deemed to have been signed by all members of the Club.

(3) The President, after the Vice-President of the Club, may be represented, except in the case referred to in paragraph 2, by the Secretary of the Club.

§ 17.

Consultative voice of club leaders.

The Bureau of the House shall, where appropriate, add to its advice of the chairman of the clubs with an advisory vote, except in the case of § 8 (3).

Část V.

The subjects of the meeting.

§ 18.

Their kind.

The House shall act:

1. on the draft Constitution and the laws of the Constitutional Context, submitted by the Constitutional Committee (Section 3 of the Law of 17 October 1946, No. 197 Coll., on the Constitutional Committee of the Constitutional National Assembly);

2. on the reports and initiatives of the President of the Republic (§ 64, No 6 of the Official Journal);

3. Proposals and declarations by the Government;

4. On the proposals of the President and Members;

5. the reports of the Committees and the Standing Committee of the National Assembly pursuant to Article 7 (2) of the Act No 65 / 1946 Coll.;

6. on enquiries; and

7. conduct the elections due to it.

§ 19.

Printing proposals.

(1) Proposals made in writing by Members in the Chamber and signed by at least 20 other Members shall be printed and distributed or distributed to Members as soon as possible. The proposal must contain a precise wording of what is to be decided by the House and must have the requirements of Section 41, paragraph 2 of the Official Journal. Proposals without a sufficient number of signatures, insufficiently formulated and without the requirements of § 41, paragraph 2 of the Official Journal, shall not be printed and shall not be subject to negotiations.

(2) If there are so many proposals, or if they are so extensive that the timely reproduction of them by the press is causing considerable difficulties, the Bureau, if not the draft laws, may refrain from fully printing them and, instead, distribute or send out a list of such proposals with a brief indication of the content and that the full proposals can be consulted in the House Office.

§ 20.

As instructed by the government.

(1) The Bureau of the House shall order a government proposal to one or more committees which it considers appropriate and shall inform the Members at the same time as the proposal is distributed or circulated.

(2) If a committee so requests, pending the submission of the report by the panel, or if a Member proposes it at the meeting in which the proposal was distributed, or at the next meeting, after the proposal has been circulated, to order the government proposal to another committee or to another committee, the House shall decide without debate by a simple vote.

§ 21.

Preliminary debate.

(1) In response to a request by the Government at the same time as the submission of a proposal or if the Bureau so decides, the President will give a preliminary debate on a government proposal distributed or distributed on the agenda of one of the next five meetings of the House, counting from the date of the distribution or circulation of the proposal. If the Bureau has decided on a preliminary debate only after the Commissions have been ordered, the committee proposals shall be suspended until the end of the preliminary debate.

(2) A preliminary debate will be initiated by a member of the Government. In a debate, only one member of the club and one speaker from outside the club can speak. No substantive proposals are admissible in the preliminary debate.

§ 22.

As the separate proposals of Members are commanded.

Members' individual proposals must be submitted in writing to the House Office; when they have been distributed or distributed by the press, they shall be ordered by the chairman of the Committee to the initiative. If they have been rejected by an initiative committee or by full meetings, they may not be re-submitted until six months have elapsed since the rejection order.

§ 23.

Withdrawal of proposals.

(1) The Government may withdraw its proposals until the House has taken a vote on the proposal.

(2) Separate proposals by Members may be withdrawn only if they have not yet been distributed or circulated.

Část VI.

Committees.

§ 24.

Establishment of committees.

(1) At the beginning of the first sitting, the House shall elect outside the Standing Committee pursuant to Article 7 (2) of Act No 65 / 1946 Coll.

(a) the Constitutional Committee (Act No. 197 / 1946 Coll.),

(b) the Committee on Initiative,

(c) the Committee on Budgets,

(d) the verification committee (Article 10 of Act No. 65 / 1946 Coll. and Article 49 of the Law of 11 April 1946, No. 67 Coll., on the Choice of the Constitutional National Assembly),

e) Incompatible Committee (Articles 10 and 12 of Act No. 65 / 1946 Coll. and Act of 18 June 1924, No. 144 Coll., on Incompatibility (Incompatibility),

(f) the immune committee (Sections 2 and 51),

(g) a committee to check the implementation of a two-year plan (Law of 25 October 1946, No 192 Coll., on a two-year economic plan),

(h) Parliamentary Audit and Saving Commission (Act No. 244 / 1946 Coll.).

(2) On a proposal from the Government or a written proposal from at least 20 Members, the House may set up, without a debate, other committees and committees and determine how many members they have. The President shall determine when and where they are to hold their first meeting (constituent).

(3) The House may decide, without a debate, that a committee is permanent (§ 3, par. 3, penultimate sentence), to the proposal of the President, the twenty-one Member or the Government without debate.

§ 25.

Committee on Initiative.

(1) The Committee shall examine the individual (initiative) proposals of Members provisionally and shall decide, unless the House determines shorter time limits, within 15 days of being ordered to do so. If the session of the House is closed between that deadline, a new deadline shall be calculated from the date on which the new sitting begins.

(2) Following the commandment of a proposal to a member as rapporteur (§ 32), after his report and debate, the committee shall decide by simple vote whether the proposal commands the committee to have a proper discussion, which it considers appropriate, or whether the proposal is rejected. The committee shall inform the President of the House and the first of the applicants of the resolution.

(3) Any of the applicants may, within 3 days of this, propose to the President of the House that the House change the negative resolution of the initiating committee, after which the President, at one of the next three meetings on different days, will present the matter to the House. The House shall decide without debate by simple voting.

(4) If the House conforms to the proposal, the President shall order the committee proposal, which he shall consider responsible.

(5) Proposals which have not been decided on in due time by the initiating committee will be ordered by the President of the House, on a proposal from any of the applicants, to the committee responsible.

§ 26.

The Committee on Budgets.

The Committee on Budgets shall discuss the budget and the financial statements, as well as any proposal to burden the Treasury over the budget already authorised. If another committee has already discussed such a proposal, it shall be forwarded before the report of that committee is printed and before the full meeting of the Committee on Budgets is discussed, to submit a report on the proposal with a view to remuneration.

§ 27.

How committees are established and how they act.

(1) The President of the House, designated by a committee member, shall direct the election of the President. In addition to the President, the Committee shall elect one to three Vice-Presidents and one to three Registers; The President shall inform the House Office of the outcome of the elections to be announced in the House. In cases of importance, the committee may also be convened by the President of the House.

(2) An absolute majority of all members of the Committee may at any time request in writing for the re-election of all or some of the Committee's officials; This also applies to the rapporteur (Sections 32 and 34 (1)). New elections will take place immediately.

(3) The rules applicable to the proceedings of the committee shall apply mutatis mutandis to the full meeting of the House, unless there are special provisions, and the chairman of the committee shall have similar rights with regard to proceedings and disciplinary measures as the President of the House. However, the chairman of the committee may participate in the debate and make proposals.

(4) If the proposals are short and simple and facilitate negotiations, the President may allow them to be submitted orally, unless the majority of committee members present object in writing.

(5) The resolution of the Committee on formal proposals, on any proposal not proposing substantive amendments or additions to the present case, as well as on whether the negotiations should be confidential, shall always take place, even if it is not expressly provided for in the Rules of Procedure, without a simple vote without a debate, except that a committee without a simple vote shall act on the debate.

Citation	Act No. 140 / 1947 Coll., on the Rules of Procedure of the Constitutional National Assembly
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	08.08.1947
Effective from	08.08.1947
Effective until	-
Status	Valid

Act No. 140 / 1947 Coll.

Law on the Rules of Procedure of the Constitutional National Assembly

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