Act No. 169 / 1990 Coll.
Act on Civil Commissions working in ministries of Interior and amending and supplementing Act No. 100 / 1970 Coll., on the Service Ratio of Members of the National Security Corps, as amended by Acts No. 63 / 1983 Coll. and No. 74 / 1990 Coll.
Valid
Effective from 10.05.1990
169
THE LAW
of 9 May 1990
on civil commissions operating in ministries of the Interior and amending and supplementing Act No. 100 / 1970 Coll., on the service relationship of members of the National Security Corps, as amended by Acts No. 63 / 1983 Coll. and No. 74 / 1990 Coll.
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
In the departments of the Federal Ministry of Interior and the Ministry of Interior of the Czech and Slovak Republics, the Civil Commission acts as an initiative, advisory and supervisory bodies for matters of the National Security Corps and the troops of the Ministry of Interior under the responsibility of the Federal Ministry of Interior; consist of upstanding citizens who are not members of the National Security Corps or the Correctional Education Corps or soldiers in active duty.
The Federal Minister of Interior in agreement with the Ministers of the Interior of the Czech Republic and the Slovak Republic provides details of the creation, competence and conduct of civil commissions.
Act No. 100 / 1970 Coll., on the service relationship of members of the National Security Corps, as amended by Act No. 63 / 1983 Coll. and Act No. 74 / 1990 Coll., is amended as follows:
(1) Paragraph 99 (3) shall be added to the following text: "If a Member has submitted an application between 10 March 1990 and 10 May 1990, his service shall end on 10 June 1990, unless otherwise agreed. Where a Member has submitted an application between 11 May 1990 and 31 July 1990, the service shall expire one month after the date of service of the application, unless otherwise agreed. ';
2. Paragraph 100 (1) (a) reads as follows:
"(a) if there is no other classification in the National Security Corps as a result of major organisational changes approved by the Government of the Czech and Slovak Federal Republic,"
3. In Article 100 (1), the following text is inserted after point (f):
"(g) if, according to the opinion of the Civil Commission, he is not fit to serve in the National Security Corps.";
In paragraph (f), the dot after the word "freedom 'is changed into a comma.
4. In Paragraph 100 (3), the term "(a) 'is deleted.
5. Paragraph 101 (2) reads as follows:
"(2) When deciding on the release of a member of the service for the reasons set out in Paragraph 100 (1) (g), the service authority shall base its opinion on a civil commission. ';
6. Paragraph 101 (3) reads as follows:
"(3) Where a member is a member of a trade union, the service body shall also take account of its opinion when deciding. ';
7. In Paragraph 101, paragraph 2 becomes paragraph 4 and paragraph 3 becomes paragraph 5.
8. in Paragraph 101, the following paragraph 6 is inserted after paragraph 5:
"(6) Where a member of the decision to release has been notified to the Member for the reasons referred to in Article 100 (1) (a) or (g) during the period from 10 May 1990 to 31 July 1990, the service shall expire one month after the notification of the decision, unless the service authority has agreed with the national on a shorter period. ';
9. Paragraph 102 (2) shall be added to the following sentence: "The prohibition of release shall not apply to release for the reasons set out in Article 100 (1) (a) and (g), if not for the case referred to in Article 102 (1) (d)."
10. The following Section 114a is inserted after Section 114:
(1) Members of the National Security Corps who have been permanently or temporarily included in the State Security Component (1) and whose service ended between 1 January 1971 and 10 May 1990 shall not benefit from the service allowance provided for in Sections 110 to 114 from 1 September 1990, unless otherwise decided by the Staff Authority at the request and recommendation of the Civil Commission.
(2) Members of the National Security Corps who have been permanently or temporarily included in the State Security Component (1) and whose service ended in employment on request from 1 January 1990 to 31 July 1990, or in the manner referred to in Paragraph 101 (6), shall not be entitled to severance payments under § 108, to compensation under § 109, or to a service allowance under § 110 to 114, unless the Commission decides otherwise at the request and recommendation of the Civil Service.
(3) Members of the National Security Corps whose service ended after 9 May 1990 by dismissal for the reasons set out in Article 100 (1) (a), (d), (e), (f) and (g) shall not benefit from the severance allowance provided for in Article 108, the pay compensation provided for in Article 109 or the service allowance provided for in Article 110 to 114. If the service is terminated on the grounds set out in Paragraph 100 (1) (a), this procedure may only be applied until 31 December 1990. '
11.
"(3) Where an appeal is made against a decision of dismissal on the grounds referred to in Article 100 (1) (g), the appeal authority shall base its opinion on the opinion of a civil commission operating at the same organisational stage; no such appeal shall be discussed in the Advisory Committee. ';
12. Paragraph 117 (3) becomes paragraph 4.
13. in Article 126, the following shall be inserted after point (c):
"(d) Paragraph 99 (3), third and fourth sentences, § 101 (2), § 101 (6), § 102 (2), second sentences, § 114a and § 117 (3) shall not apply to the service of members of the Corps of Correctional Education."
Members of the National Security and Correctional Education Corps who have not taken or refused to take a new oath within the prescribed time limit and therefore have ceased their service; 2) the severance fee does not apply under § 108 of Act No. 100 / 1970 Coll., on the service relationship of members of the National Security Corps, as amended, the compensation provided for in § 109 or the service allowance provided for in § 110 to 114 of the Act cited.
This Act shall take effect on the day of its publication.
Havel v. r.
Dubček v. r.
CHF
1) Article 9 (1) of Act No. 40 / 1974 Coll., on the National Security Corps, as amended.
2) Article IV of Act No. 74 / 1990 Coll., laying down a new version of the military oath and the official oath of members of the National Security and Correctional Education Corps, regulates the name of the Czechoslovak Army, regulates the proper leave of soldiers in the basic service and amends Act No. 40 / 1974 Coll., on the National Security Corps.
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Regulation Information
| Citation | Act No. 169 / 1990 Coll., on the Civil Commissions of the Ministries of Interior and on the amendment and amendment of Act No. 100 / 1970 Coll., on the Service Ratio of Members of the National Security Corps, as amended by Acts No. 63 / 1983 Coll. and No. 74 / 1990 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.05.1990 |
|---|---|
| Effective from | 10.05.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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