Government Decree No. 21 / 1958 Coll.
Regulation implementing the Defence Act
Valid
Effective from 02.05.1958
21
Government Regulation
of 2 May 1958
implementing the Defense Act
The Government of the Czechoslovak Republic orders pursuant to § 75 of the Defence Act No. 92 / 1949 Coll., as amended by Act No. 19 / 1958 Coll.:
Water management
Registration for regular contribution
Voluntary contributions
(1) Requests for voluntary entry into the army shall be submitted to the district military administration of the applicant's residence. The applicant may indicate in the application which type of army he wishes to carry out an active military service.
(2) The procedure for the applications and the composition of the military levy commissions is laid down by the Ministry of National Defence.
Designation of replacement service upon request
(1) The application for a replacement service is submitted by the gateway to the Chief of the District Military Administration on the date of registration. If it is not possible to do so on that occasion, or if circumstances have occurred justifying a request for a replacement service only after registration, the application shall be lodged with the district military administration with which the applicant is kept in the register no later than 15 days after the registration or the date on which those circumstances occurred.
(2) A certificate of family status, certified by the management authority of the local national committee of residence of the applicant, should be attached to the request for replacement service [Paragraph 18 (a)]. If a medical condition occurs as a reason, a medical certificate should be attached.
(3) The request that the transferee be assigned to a replacement service for the reasons set out in Paragraph 18 (b) must be accompanied by the necessary documents, certified by the management authority of the local national committee of the applicant's permanent residence, confirming the reasons for the request.
(1) The number of carryovers that may be assigned to a replacement service is determined annually by the Ministry of National Defence.
(1) If the reasons for which the applicant was designated for a replacement service are omitted, at a time when he would otherwise be obliged to perform the essential service, he must notify the district military administration for which he is registered without notice.
(2) In the case referred to in paragraph 1, or if it is found at any time that the reasons for the designation for the replacement service have passed or were not at all, the competent Regional Commission shall, after hearing the applicant for the replacement service, withdraw. If the designation for the replacement service has been cancelled, the district military administration shall call the person concerned to the basic service or to continue that service.
The detailed provisions for determining the replacement service shall be issued by the Ministry of Defence in agreement with the Ministry of Interior.
Basic service
Submission of basic service
(1) The payee calls the district military administration to the basic (replacement) service at which he was recruited by a call order. The costs associated with the journey of removal from the place of stay to the place indicated in the call order shall be borne by the military administration.
(2) The transferee shall be obliged to come to the designated place on the specified day and hour and to bring with him the call order and the documents provided therein.
(3) A ward who is unable to attend because on the day on which he was called, he is unable to make his way, must prove it to the medical certificate which he sends to the district military administration calling him for the basic service. The medical certificate shall contain details of how long it is likely that the inability to travel will last. On the basis of a medical certificate, the district military administration shall inform the enlistment when it is obliged to start the basic service.
(4) A pensioner who was unable to enter the basic service on a specified day for sickness or for other reasons shall, as a general rule, be deferred to the starting date of the following year.
(1) If the recipient is obliged to enter the basic service for a prison sentence not exceeding six months, he shall be called upon to enter the basic service.
(1) The transferee who has been called to the basic (replacement) service shall undergo a medical examination after the entry into service. A soldier for whom a medical classification deviating from the medical classification laid down in the levy is detected during this examination shall be designated for review (§ 52).
(2) A soldier recognised in the review as being permanently incapable of military active service shall be discharged from the army. A soldier recognised in the review as temporarily unfit for military active service shall be granted permanent leave for a period to be determined by the review committee.
(3) If the review committee recognises a soldier made redundant in accordance with paragraph 2 on permanent leave for a competent military active service, the competent district military administration shall, as a general rule, call upon him to continue the essential (replacement) service as soon as possible. The time spent on permanent leave is not included in the basic (replacement) service.
Deferred basic (replacement) service
(1) An application for deferral or extension of the deferral of the basic (replacement) service is submitted to the district military administration with which it is recorded. The deadline for submitting the application shall be set by the Ministry of National Defence. If the application has been lodged after the expiry of the time limit, the district military administration shall examine it only if the applicant proves that he has lodged it without fault.
(2) The application shall be accompanied by evidence of the preparation for the future occupation or by evidence of other circumstances appropriate to the particular consideration on which the application is based.
(3) Postponements for study purposes may be allowed only in the proper form of study.
(4) The employer may, with the consent of the staff member, request an ex officio postponement of the basic (replacement) service if the general interest so requires. The Government shall, on a proposal from the competent minister or central authority, determine the extent to which a deferral may be authorised from an official authority.
(1) The district military administration shall decide on the request for deferral or extension of the deferral of the basic service and inform the applicant of the decision.
(2) Applications for suspension (extension) or appeal against decisions rejecting such requests have no suspensory effect. A pensioner whose application or appeal on the matter of postponement has only been completed positively after the basic (replacement) service has been started shall be discharged from the military active service for permanent leave.
(1) A transferee who has been authorised for a period of more than one year shall, if the reasons for the postponement have ceased to exist, notify the district military administration in which he is registered immediately.
(2) If the district military administration finds that there are no grounds for (extension) the postponement or that it has passed, it shall cancel the postponement and call on the respondent to carry out the basic service within the next starting date. The appeal against this Decision shall not have suspensory effect.
Counting and replacing basic (replacement) services
Regular release from basic (replacement) service
(1) Soldiers shall be released from the basic (replacement) service as a general rule after the service has been carried out and, where appropriate, after replacement of the missed hours.
(2) Before being discharged from the essential service, any soldier shall undergo a medical examination at his service.
Early release from basic (replacement) service
Military exercises
Exercise calls
(1) The reserve troops are called to exercise by the district military administration of the permanent residence. Soldiers in reserve, called for exercise, are entitled to a fare.
(2) Exercise is usually called for on a specific day. In this case, the call order shall be delivered no later than six weeks before the beginning of the exercise. Exceptionally, it is possible to call for immediate training. If the need for troops so requires, the profession may, in exceptional cases, be carried out by telegraph or other means, in particular through the executive bodies of the national committees.
Exercise delays
Start of exercise
(1) The soldier in reserve called for the exercise is obliged to appear at the time specified in the call order.
(2) Persons entering the exercise are required to submit a military book and a call order.
(3) Otherwise, provision should be made for the entry of an exercise by analogy of the basic service.
Exercise release
Emergency service
(1) Unless otherwise provided for in the emergency profession, the persons called shall, within four hours of notification, take the shortest journey to the designated place. Persons unable to travel must demonstrate this failure by a medical certificate sent to the relevant district military administration.
(2) The order by which a person is called to an emergency service authorises a free journey by rail or other public means of transport to a designated place.
(3) An exceptional service shall apply, unless otherwise specified, mutatis mutandis, to the provision of the basic service.
(4) The special service shall be discharged either individually or collectively. Otherwise, the provision of § 31 applies mutatis mutandis.
Discharge of extraordinary service
(1) To the extent laid down by the Government, it shall decide on the exemption definitively,
(a) if there are soldiers in reserve (retired) in the rank of Colonel or General, Ministry of National Defence;
(b) if there are soldiers in reserve (retired) in all other ranks of officers, petty officers and personnel, the district military administration in whose district the enterprise is located.
(2) The authority referred to in paragraph 1 shall inform the head of the undertaking of the decision. The manager of the undertaking shall inform the exempted persons after the emergency measures have been announced and provide them with the relevant proof of exemption.
Release from the army
If it is found that a person has been removed without a legal basis, the competent district military authority shall release him from the army.
(1) The advance troops shall be released by the competent district military administration from the army on 31 December of the year in which they completed 60 years, unless they have requested an extension of the service referred to in paragraph 2. Professionals transferred to advance or retirement shall be discharged from the army only upon written request.
(2) At their request, soldiers who have fulfilled a military obligation may be extended. The application shall be lodged by 30 November of the year in which the 60-year period is completed with the regional military administration of the place of permanent residence.
(3) If the obligation has been extended in this way, those persons may be released from the army only on 31 December of the calendar year in which they declared their wish to be released. The declarations shall be sent to the regional military administration of the place of permanent residence.
Miscellaneous provisions
Military assistance
(1) The military provides armed or rescue assistance for the performance of the tasks referred to in § 1 (2) (c) and § 1 (3) of the Defence Act.
(2) Military assistance depends on the temporary allocation of auxiliary military units to the national committees, if they request their synergies.
(3) Military rescue assistance depends on the temporary secondment of auxiliary military units to the National Committee to assist in disasters to human lives or important economic goods.
(4) Further provisions on military assistance, in particular on their requirement, provision, composition and use, as well as reimbursement of expenditure for their use, shall be issued by the Ministry of Defence in agreement with the Ministry of Interior and other ministries involved.
Entry into foreign military services
(1) Requests for admission to foreign military services, duly justified and accompanied by confirmation from the competent foreign office, that the applicant will be admitted to military services in the army concerned and for what period, shall be submitted to the district military administration of the permanent residence.
(2) The Ministry of National Defence shall submit a request after hearing the Ministry of Interior, following the case of the Ministry of Foreign Affairs, with an appropriate proposal from the President of the Republic.
Final provisions
Government Decree No. 209 / 1949 Coll., implementing the Defense Act, is hereby repealed.
This Regulation shall enter into force on 2 May 1958; they shall be carried out by national defence and interior ministers in agreement with participating members of the Government.
Broad v. r.
Colonel General Lomský v. r.
Bark v. r.
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Regulation Information
| Citation | Government Decree No. 21 / 1958 Coll., implementing the Defence Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.05.1958 |
|---|---|
| Effective from | 02.05.1958 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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