Decree No. 188 / 1946 Coll.
Regulation on the Statute of the Society for the Reconstruction of Lidice
Valid
Effective from 21.10.1946
188.
Government Regulation
of 18 October 1946
on the Statute of the Society for the Reconstruction of Lidice.
The Government of the Czechoslovak Republic hereby orders pursuant to Section 4 of the Act of 13 September 1946, No 187 Coll., establishing the Society for Reconstruction of Lidice:
For the Society for Reconstruction of Lidice, established by Act No. 187 / 1946 Coll., the attached Statute, which is part of this Regulation, is issued.
This Regulation takes effect at the same time as Act No. 187 / 1946 Coll.; it will be implemented by the Minister of Interior in agreement with the participating members of the Government.
Gottwald v. r.
Dr Zenkl v. r.
Dr Šrámek v. r.
Ursines v. r.
Fierlinger v. r.
Maj-Gen Svoboda v. r.
Dr. Ripka v. r.
Nosek v. r.
Dr Dolansky v. r.
Dr Stránská v. r.
Kopecký v. r.
Laušman v. r.
Děuriš v. r.
Wasted v. r.
Dr Pietor v. r.
Ing. Kopecký v. r.
Hala v. r.
Dr. Unedible v. r.
Dr Procházka v. r.
Majer v. r.
Dr Franek v. r.
Lichner v. r.
Status
Lidic Restoration Company.
Name, seat and nature of the Company.
(1) The title is "Lidic Restoration Company." The seat of the Company is Prague.
(2) The company is covered by the Ministry of Interior (Section 12).
Purpose.
(1) In order to achieve the purpose of the Company referred to in § 1, paragraph 2 of Act No 187 / 1946 Coll., the company is responsible in particular for the following activities:
1. to provide technical, financial and legal documentation for preparatory work and to carry out the restoration of Lidice, after other municipalities and parts of municipalities which have been evilishly destroyed;
2. To seek that the indigenous inhabitants of the municipalities and parts of the municipalities whose reconstruction is concerned, and their survivors, especially the children brought in, should be tracked down and be able to reside in a restored home;
3. to give care to all residents of the destroyed municipalities and parts of municipalities if they need help, especially completely orphaned children;
4. report to the authorities, the public and individual interested parties on all issues relating to the destroyed municipalities and parts of municipalities and their slaughtered or transported inhabitants;
5. to obtain public lectures and otherwise the public both domestic and foreign for their efforts through appropriate and efficient publicity;
6. mediate and maintain contacts and synergies with similar corporations and individuals abroad;
7. Issue their cost files on the destroyed municipalities and parts of municipalities;
8. organise public collections, exhibitions and cultural enterprises for the purpose pursued by it.
(2) The company may, if necessary for the performance of its tasks, have employees in private law.
Members.
(1) The members of the Company are:
1. introduced inhabitants of Lidice and Lížák over 18 years of age if they returned to their homeland;
2. residents of other destroyed communities and settlements over 18 years of age who will apply for and will be accepted for them;
3. Countries and the Regional National Committee designated by the administrative districts and municipalities directly related to the destroyed municipalities and parts of municipalities;
4. national, interest and cultural organisations which join and become members;
5. physical and legal persons who will be elected members with their consent (§ 6). The choice of a stranger as a member requires the approval of the Ministry of the Interior in an agreement with the Ministry of Foreign Affairs to be valid.
(2) The individual legal persons referred to in paragraph 1 shall send to the meetings of the member assembly one of their representatives to be chosen under the applicable rules.
Organs.
(1) The company has the following authorities:
1. Member Assembly (§ 6),
2. the Administrative Committee (Section 7),
3. Bureau (§ 8),
4. President (§ 9),
5. Secretary-General (§ 5, par. 2, § 8, par. 3, § 9, par. 1 and 4, § 10, par. 3),
6. expert committees set up according to the subject matter (Section 10).
(2) The functions of the Company's bodies are honorable. However, the company may, by its means, reimburse the persons performing these functions with actual expenses.
Organ formation.
(1) In its first meeting, the Assembly shall elect the Chairman of the Society and the other 29 members of the Administrative Committee. The election of the President requires confirmation by the Government for its validity. The Administrative Committee shall be set up on the date on which the Government confirms the election of its President.
(2) The Administrative Committee shall elect four Vice-Presidents and the Secretary-General.
(3) The members of the Assembly shall act on the necessary number of expert committees, establish their field of activity and elect for each committee the chairman, his representative and other members. The Financial Committee (Section 10) must be established.
(4) The Administrative Committee and the Expert Committees are elected for a period of three years. The method of choice shall be adapted by the Rules of Procedure (Section 6). The elected authorities shall carry out their duties until the newly elected Administrative Committee is established.
(5) The First President of the Company is appointed by the Minister of Interior, the Government, the four Vice-Presidents, the Secretary-General and the other members of the First Administrative Committee. The Administrative Committee shall elect the chairmen of the expert committees, their representatives and other members. The bodies appointed and the bodies elected by the appointed administrative committee shall carry out their duties until the elected administrative committee is established, after the expert committees elected pursuant to paragraph 3. The election shall be held within one year of the appointment of the Chairman of the Society.
(6) If an official of the Company has been guilty of grossly opposed to his duties, he may, on a proposal from the Administrative Committee, be relieved of his duties by a member assembly [§ 6 (2) (d)].
Member Assembly.
(1) A meeting shall be held at least twice a year.
(2) The Assembly shall be responsible outside the scope referred to in § 5, paragraphs 1 to 3:
(a) approve the budget and final accounts (§ 11);
(b) approve the Rules of Procedure as proposed by the Administrative Committee. The provisional Rules of Procedure shall apply until such time as they are adopted by the Administrative Committee;
(c) to approve more detailed rules of organisation, drawn up by the Administrative Committee;
(d) agree on measures of major importance in the field of competence of the Company and its administration;
(e) electors of members (§ 3, paragraph 1, No 5);
f) Resolve to cancel the Company (§ 13).
(3) Paragraph 13 requires that at least one third of the members be present and that the resolution becomes an absolute majority.
(4) If not so many members as to allow a valid resolution to be held, a new meeting shall be convened within 15 days with the same agenda. At this new meeting, at least one fifth of the members may be heard by the Assembly. However, if there is a resolution requiring confirmation by the Government or the Minister of the Interior (§ 5, par. 1 and § 11 par. 4), the member assembly may, even in this second meeting, take a decision in the presence of at least one third of the members. Otherwise, a third meeting of a member assembly shall be convened within 8 days to discuss these matters, which may then be decided in the presence of at least one fifth of the members.
(5) Paragraph 4 does not apply in the case of a resolution on the annulment of the Company [paragraph 2 (f)].
The Administrative Committee.
(1) It is for the Administrative Committee to take measures in matters which are not reserved for other bodies of the Company.
(2) Until a meeting is convened, the Administrative Committee appointed pursuant to Article 5 (5) shall exercise its powers.
(3) In the absence of more detailed rules for the proceedings of the Administrative Committee (§ 6 (2) (b)), the provisions of § 6 (3) and (4) are applied mutatis mutandis.
The Bureau.
(1) The President and his Vice-Presidents and the Secretary-General shall constitute the Bureau.
(2) It is for the Bureau to arrange for ordinary administrative matters and to take measures in matters delegated to it by the Administrative Committee.
(3) The Bureau may entrust the Secretary-General with the handling of ordinary administrative matters.
(4) At least half of the members should be present and the resolution should become an absolute majority.
Chairman.
(1) The President shall represent the Society externally and sign with the Secretary-General and another member of the Administrative Committee on behalf of the Society all documents by which the Society undertakes. Other documents are signed by him unless the Secretary-General signs them.
(2) The President shall convene and manage meetings of the bodies of the Society in addition to meetings of the expert committees and shall decide, within the limits of the approved budget, on expenditure not exceeding CZK 10,000 per case. He runs the Company's work and oversees their proper functioning. He's the company's chief of staff.
(3) If there is a danger of delay, the President may decide and take measures in the field of competence of other bodies of the Society, but he shall, within 3 days, notify the Bureau and the institution in question at the next meeting.
(4) The President shall be represented by Vice-Presidents according to age, if he is busy or taken. If the President and all Vice-Presidents are busy or concerned, the Secretary-General shall represent the President. The provisions on bias shall be laid down in the Rules of Procedure.
The expert committees.
(1) The expert committees shall prepare the matters to be discussed by the members of the Assembly, the Administrative Committee or the Bureau and shall give them expert opinions. They shall also carry out other tasks assigned to them by one of these bodies.
(2) The Financial Committee shall provisionally examine all economic and financial resources available and shall supervise the management of the Company's assets.
(3) The President and the Secretary-General may attend meetings of all expert committees with an advisory vote.
Financial economy.
(1) The administrative year of the Company coincides with the administrative year of the State. The first administrative year shall expire on 31 December 1946.
(2) No later than one month before the beginning of the new administrative year, the Administrative Committee shall draw up, in consultation with the Financial Committee, a budget in which the revenue and expenditure expected in the administrative year must be offset, in particular according to the purpose of the designation and the appropriations. The draft budget shall be approved by the Member States.
(3) No later than 3 months after the end of the administrative year, the Administrative Committee shall draw up the final accounts of all revenue and expenditure for the previous administrative year. The supporting accounts, as reviewed by the Financial Committee, shall be submitted by the Administrative Committee to the Assembly for approval.
(4) The resolution of the member assembly approving the budget or the final accounts requires, for its validity, the confirmation of the Ministry of Interior granted in agreement with the Ministry of Finance. The statutory powers of the Supreme Accounting Audit Office shall not be affected.
Surveillance.
The Ministry of the Interior may at any time convince itself of the Company's activities in a manner which it considers appropriate and take the necessary measures to remedy the deficiencies identified and to properly manage the administration.
Company cancellation.
(1) The Government may abolish the Society if a two-thirds majority of the members of the Assembly so agree or if the Minister of the Interior so proposes. The Government's measure to abolish the Society will be declared by the Minister of Interior in the Official Gazette of the Czechoslovak Republic.
(2) The liquidation will be carried out by the last Financial Committee, under the supervision of the ministries of the Interior and Finance, which will also decide which bodies of the Company, in what form and under which title they are to be further publicly engaged and how they will be dealt with with the remaining assets of the Company.
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Regulation Information
| Citation | Decree No. 188 / 1946 Coll., on the Statute of the Society for Reconstruction of Lidice |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.10.1946 |
|---|---|
| Effective from | 21.10.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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