Government Decree No. 211 / 1947 Coll.

Regulation amending and supplementing certain provisions on the status of members of the Financial Guard

Valid Effective from 01.07.1946
211.
Government Regulation
of 12 November 1947
amending and supplementing certain provisions on the terms and conditions of service of financial guards.
The Government of the Czechoslovak Republic hereby orders the President of the Republic, pursuant to § 3 of the Decree of 2 October 1945, No. 86 Coll., on the rebuilding of financial guards in the Czech and Moravian-Silesian countries and on the modification of certain service and pay conditions of the members of the Financial Guard:
Čl. 1.
The Government Order of 19 December 1930, No 202 Coll., implementing the regulations on the organisation of financial guards and adjusting its service and certain salary ratios, as amended by the Government Decree of 26 April 1946, No 119 Coll., is amended and supplemented as follows:
1. Paragraph 4 (2) reads as follows:
"(2) Slovakia shall be designated as an official of the legal service of the Financial Officer, who shall act as the Regional Financial Guard Inspector while representing the Ministry Financial Guard in Slovakia; a representative of that official shall be appointed from among the officials of the financial services of the guard as appropriate. ';
2. In Article 4, the following two paragraphs are added as paragraphs 3 and 4:
"(3) If the need for services so requires, the Minister of Finance for the Circuit of the Czech and Moravian-Silesian Countries shall designate representatives of the Regional Inspectors of the Financial Service of the Financial Service of the Ministry of Finance, to whom the official of the Legal Service of the Ministry of Finance belongs in this capacity, and in the district of the District Administration of the Financial Guard of those countries, representatives of the Regional Inspectors of the Financial Service of the Watchman, to whom the" Deputy Regional Inspector of the Financial Guard "shall belong.
(4) The President of the Regional Financial Administration in the Czech and Moravian-Silesian countries, in Slovakia, will entrust other officers of the financial service to the guards, if necessary, to supervise the financial guard service. "
3. Paragraph 13 (1) reads as follows:
"(1) If the vacant post of an official of the financial service of a guard on leave with a renewable or temporary retirement, the officials of the financial service of the guards of the guards of the guards of the financial guards, as provided for in the official posts of the Ia scale of the gasists of the financial guards, shall be added to the specific conditions laid down in paragraphs 2 and 3. ';
4. Paragraph 15 reads as follows:
„§ 15.
Systems of service posts
The fiscal guards' posts shall be systemized in Ia, Ib, II. and III.
5. in Paragraph 16, the following paragraph 3 is inserted after paragraph 2:
"(3) The provisions of the expectant shall be allowed only if, in the personal condition of the gentiles, the financial guards are free from a systemised post. Each candidate is bound by one systemised service post."
6. Paragraph 16 renumbered paragraphs 3 to 8 to paragraphs 4 to 9.
7. Paragraph 27 (1) reads as follows:
"(1) If the overall assessment does not sound at least" very well, "a financial guard may lodge a complaint with the Office within 15 days of its notification."
8. Paragraph 33 (1) reads as follows:
„(1) Gažistovi finanční stráže ustanovenému na služebním místě systemisovaném: přísluší služební titul:
v Ia platové stupnici vrchní respicient finanční stráže,
v Ib platové stupnici respicient finanční stráže,
v II. platové stupnici naddozorce finanční stráže,
v III. platové stupnici dozorce finanční stráže.“
9. Paragraph 34 (2) reads as follows:
"(2) The proper ones are increased by the process to higher degrees. The service scale shall be increased in the Ia salary scale as soon as the gavel of the financial guard reaches the allowance prescribed for the relevant grade of service (§ 38 (5)), in the other scales of pay, once the gavel of the financial guard has completed 3 years of the allowance with the service immediately preceding the same scale. '
10. Paragraph 38 (2) to (5) reads as follows:
"(2) A post in the 2nd or Ib scale may be given to a gavel of financial guards who have at least a good qualification, a post in the Ia scale of pay to a gavel who has at least a very good qualification and who has successfully passed the test prescribed for reaching the position of chief respirator of the financial guard.
(3) The scope, manner and other conditions of the examination referred to in the preceding paragraph shall be determined by the Ministry of Finance, which may, in exceptional cases, be subject to the examination of the pardon. If the gentile financial guards have carried out a professional examination, he shall be exempt from the examination referred to in paragraph 2.
(4) Paragraph 17, paragraphs 4 and 5 of the Pay Act shall apply mutatis mutandis to the hire of a post systemised in II or Ib.
(5) In the case of the hire of a post systemised in Ia, the degree of service of that salary scale shall be determined according to the notable service hours as follows:
Při započitatelné služební době Přísluší stupeň služného
do konce 12. roku 1.
od počátku 13. roku 2.
od počátku 16. roku 3.
od počátku 19. roku 4.
od počátku 22. roku 5.
od počátku 25. roku 6.
od počátku 28. roku 7.
od počátku 31. roku 8.
od počátku 34. roku 9.“
11. Paragraph 48 (2) reads as follows:
"(2) The fine may be imposed at the maximum amount of 100 CZK. The sum of the fines imposed on an official by a tax guard in one year shall not exceed the amount of the monthly service. A threat to disciplinary action may be linked to the penalty for money (§ 60)."
12. Paragraph 50 (3) reads as follows:
"(3) A complaint may be lodged with the Office against the disciplinary penalty notice within an unrenewable period of 15 days after delivery of the notice. The complaint shall be decided definitively by the office of immediate superior to the authority which issued the notice. '
13. Paragraph 51 (4) reads as follows:
"(4) The reduction in rank (degradation) can only be expressed with the gayist of the Financial Guard II, Ib and Ia scale. A financial guard who is sentenced to this sentence shall be treated as a financial guard's gavel on the relevant lower scale; the service on this lower salary scale shall be measured according to the deductible working time as if no further promotion had occurred. This sentence shall include exclusion from the increase in the service (paragraph 2). ';
14. Paragraph 87 (1) reads as follows:
"(1) The members of the financial guard in active employment shall be required to acquire and maintain a uniform, including belt and armaments, the uniform allowance under the conditions laid down by the Ministry of Finance, which shall also determine its annual amount and payment arrangements. ';
Čl. 2.
The Government Decree of 26 April 1946, No 119 Coll., on the modification of certain service and pay arrangements of financial guards, is amended as follows:
1.
"(2) The official of the financial service of the guard in active duty shall be entitled to an addition of the financial guard in the following annual area:
ve 4. platové stupnici
se služným stupně c) a vyšším 10.800 Kčs,
se služným stupně a) a b) 9.600 Kčs,
v 5. platové stupnici
se služným stupně c) a vyšším 7.800 Kčs,
se služným stupně a) a b) 7.200 Kčs,
v 6. platové stupnici 6.600 Kčs,
v 7. platové stupnici 6.000 Kčs,
v 8. platové stupnici 5.400 Kčs.“
2. In Article III, a further nine paragraphs as paragraphs 3 to 11 are added:
"(3) The financial guards in active service are paid 3,000 Kcs per year in addition to the financial guards' contributions.
(4) The contribution of the financial guard shall be paid according to the principles of payment of the service, shall be payable at the same time as the service and shall not be included in the pension base.
(5) In Slovakia, from 1 November 1945 until the entry into force of the regulations unifying the service salaries of members of the gendarmerie for the territory of the whole state, financial guards are subject to regulations on the amount of the service salary of members of the gendarmerie in the Czech and Moravian-Silesian countries. The effectiveness of the Decree of the President of the Republic of 20 August 1945, No. 58 Coll., on the payment allowance of state and some other public employees, is extended for members of the Financial Guard in Slovakia.
(6) On 31 October 1945, the financial guards in Slovakia shall cease to be effective, if applicable:
1. Law of 28 February 1941, No 40 of the SLA, on the provisional adjustment of the salaries of civil servants and amending and supplementing certain provisions on staff-saving measures,
2. the Law of 2 July 1942, No 129 of the Coll. on the Expensive Benefit and amending certain provisions on the austerity measures of personnel;
3. the Law of 10 December 1942, No 232 of the Coll. on the Expensive Benefit and on the Disposable Christmas Aid to State Employees,
4. the Law of 28 October 1943, No 139 of the SLA, on the general expensive addition and addition of Act No. 102 / 1943 of the SLA,
5. Decree of the Slovak National Council of 16 May 1945, No. 39 SSR, on the provisional salary adjustment of civil servants,
6. Paragraph 7 of the Decree of 21 December 1938, No 380 Coll., on the austerity measures of personnel.
(7) After the adjustment of the salaries provided for under this Regulation, a member of the financial guard with the addition of a salary allowance under Decree No. 58 / 1945 Coll. and a special allowance under the Act of 13 December 1945, No. 159 Coll., on the special allowance of State and certain other public servants, as well as the beneficiaries of the State's resting (provision) salary, after the deduction of the salary tax (pension tax), shall not be less than the amount of the general allowance under Act No. 139 / 1943 Coll. of the Act No. 169 / 1945 Coll., if the staff were associated with the special allowance under Act No. 159 / 1945 Coll., as amended by Act No. 232 / 1942 Coll., and Act No. 102 / 1943 Coll., with the general allowance under Act No. 40 / 1941 Coll., with the special allowance under Law No. 129 / 1942 Coll. The difference, if any, falls as a compensatory personal allowance which is not subject to pension tax in Slovakia.
(8) The compensation allowance referred to in the preceding paragraph shall be reduced, for each increase in the service fee (corresponding to the salary), by the amount of such increase, but not more than the amount by which the salaries fixed in accordance with paragraph 7, after the increase in the service fee (corresponding to the salary), exceed the current salary.
(9) Where the family status (number of members of the family) taken into account for the purposes of determining the compensatory allowance is changed for the period from the first day of the next month, that allowance shall be determined as if the circumstances of the change introduced were the day before the entry into force of this Regulation.
(10) The compensatory personal allowance shall be rounded up if it is not expressed in crowns without pennies or if it is not divisible by twelve, to the nearest higher amount in crowns so divisible.
(11) The Minister for Finance is hereby authorised to compensate for any discrepancies in salary which may arise in the implementation of this Regulation by appropriate measures. ';
3. Article V (1) and (2) read as follows:
„Čl. V.
§ 1.
(1) The officers of the financial services of the guard shall be charged from 1 July 1946 instead of the current service (with a service allowance) and the new service and relevant new operating charge III. the service classes of the relevant salary scale, the degree of service (with the allowance) and the group of posts pursuant to § § 103 and 104 of the Act of 24 June 1926, No 103 Coll., on the adjustment of the pay and certain service conditions of civil servants, as amended by the Law of 16 May 1946, No 139 Coll., adjusting the salary and certain service conditions of military and banking gasists.
(2) The new service and new operating fees, laid down in accordance with paragraph 1, with the educational and financial security allowance referred to in Article III (2), the salary allowance provided for in Decree No. 58 / 1945 Coll. and the special allowance provided for in Act No. 159 / 1945 Coll., are replaced by the sum of the salaries paid so far. The total of the current salaries is included in the service, operating, educational, salary allowance according to Decree No. 58 / 1945 Coll., special allowance according to Act No. 159 / 1945 Coll. and compensation allowance according to Article III (7).
(3) Should the sum of the current salaries exceed the sum of the new salaries referred to in paragraph 2, the compensatory allowance shall be equal to the difference between the two salaries. This allowance shall be reduced by one half of the amount by which the service will increase when the service has completely ceased.
§ 2.
(1) As from 1 July 1946, the financial guards of the Gažis shall be assessed instead of the current service and operating fee of the new service and the applicable new operating fee pursuant to § § § 132 and 133 of the salary law as amended by Act No. 139 / 1946 Coll. The new service shall be provided as follows:
(a) the financial guard's assistant officers and officers shall receive the same level of service at the new Level III salary scale as they achieved in the current scale III;
(b) the overseers of the financial guards shall be given the appropriate grade of the new scale II, as provided for in paragraph 2;
(c) the respondents of the financial guard shall be given the appropriate degree of the new Ib scale in accordance with the provisions of paragraph 2;
(d) the top respondents of the financial guard in the current 2nd salary scale shall receive the services of the relevant degree of the new Ia scale according to the chargeable period of service (§ 38 (5));
(e) the top respondents of the financial guard in the current I. salary scale shall receive the same level of service at the rate of the new Ia salary scale as they achieved in the current I. salary scale.
(2) The ordinary, payable to the tax guards referred to in paragraph 1 (b) and (c) shall be determined in accordance with the provisions on promotion (Paragraph 17 (4) and (5) of the Salary Law) and the amount of service which they would have had had had this Regulation taken effect on the day before their promotion.
(3) The new service and new operating fees, fixed in accordance with paragraph 1, with the educational and financial security allowance provided for in Article III (3), the salary allowance provided for in Decree No. 58 / 1945 Coll. and the special allowance provided for in Act No. 159 / 1945 Coll., are replaced by the sum of the salaries paid so far. The total of the current salaries shall be calculated in accordance with Decree No. 58 / 1945 Coll., the special allowance provided for in Act No. 159 / 1945 Coll., the compensatory allowance provided for in Article III (7) and the allowance corresponding to the existing provisions of Article III (2) of Decree No. 119 / 1946 Coll.
(4) Paragraph 1 (3) applies mutatis mutandis to gayists of financial guards. "
4. The following Article V is added after Article V:
„Čl. Va.
§ 1.
(1) The existing provisions on expensive allowances (exceptional allowance) for retired and survivors shall not apply to members of the financial guard to whom this Regulation applies and who enter the service for its effectiveness and to survivors of those members of the financial guard and to those members of the financial guard who die in active employment for the effectiveness of this Regulation.
(2) However, the total remuneration of the members of the financial guard and their survivors referred to in paragraph 1 shall not be lower than that which they would have been entitled to, in the absence of the applicability of the amendment to the salary law, if this Regulation had not applied to them, except in the case of provisions relating to the reassignment of financial guards into the scales and degrees applicable to the staff; for this purpose, the widow's pension shall be added to the education allowance. Any difference is due as an addition to the rest (provision) salaries.
(3) If the number of beneficiaries changes, a comparison of the resting (provision) salaries referred to in paragraph 2 shall be made again according to the changed status.
(4) The provisions of paragraph 1 shall also apply mutatis mutandis to the recipients of the grace, pension and resting (provision) salaries permitted under free consideration.
§ 2.
The members of the financial guard who were transferred to the service after 31 October 1945, the survivors and the survivors of the financial guards who died in active service after that date, shall be assessed as from 1 January 1948, according to the pension bases of Act No. 139 / 1946 Coll. ';
Čl. 3.
(1) The Minister for Finance is hereby authorised to compensate, by appropriate measures, for any salary irregularities which would arise in the implementation of this Regulation.
(2) The staff allowances granted to members of the Financial Guard pursuant to the provisions of Section 148 (1) of the Payment Act shall cease.
(3) The Minister of Finance is hereby authorised to amend, in an agreement with the Minister of National Defence, the regulation in the Collection of Laws and Regulations on uniform, armaments and equipment of supervisory officers and financial guards.
Čl. 4.
Articles 1, 11, 12 and 14 shall take effect on the first day of the month following their publication, Article 2, Article 2, Article 2, Article 2, Article III of Decree-Law No 119 / 1946 Coll. in addition to the new provisions of paragraph 6, shall take effect on 31 October 1945 and Article 2, Article 2, Article 2, Article III of Decree-Law No 119 / 1946, in addition to the new provisions of paragraphs 5 and 7 to 11, and Articles 2, 4 and 3, paragraph 2 shall take effect on 1 November 1945; the other provisions shall become effective on 1 July 1946. The Order shall be implemented by the Minister for Finance.
Gottwald v. r.
Masaryk v. r.
Nosek v. r.
Dr Dolansky v. r.
Dr Stránská v. r.
Dr Drtina v. r.
Děuriš v. r.
Ing. Kopecký v. r.
Dr. Unedible v. r.
Dr Procházka v. r.
Majer v. r.
Dr Franek v. r.
Dr Clementis v. r.
Lichner v. r.

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Regulation Information

CitationGovernment Decree No. 211 / 1947 Coll., amending and supplementing certain regulations on the service and pay ratios of members of the Financial Guard
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation24.12.1947
Effective from01.07.1946
Effective until-
Status Valid
The regulation text is for informational purposes only.
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