Decree No. 219 / 1949 Coll.
Economic Security Order of the Roman Catholic State Church
Valid
Effective from 01.11.1949
219.
Government Regulation
of 18 October 1949
on the economic security of the Roman Catholic State Church.
According to the Act of 14 October 1949, No. 218 Coll., on economic security of churches and religious societies, the Government of the Czechoslovak Republic hereby orders:
(1) Spiritual persons are employees of the Church.
(2) The state provides the personal benefits of the clergy when, with its consent, it operates in spiritual administration, church administration or institutions for spiritual education.
(1) Spiritual working in spiritual administration is a worldly or religious clergyman who, with the consent of the State, performs either self-administration or auxiliary spiritual administration in a particular parish district in a place set up with state approval.
(2) Spiritual administration means the spiritual care of Catholics of a particular parish district, as well as the performance of the church's tasks.
(3) Helpful clerics can be set up if they require spiritual care needs (the extent of the parish district, the frequency of parishioners, pastories in public institutions, such as hospitals and others).
Spirituals working in the church administration are spiritual employed with the consent of the state in the constables and members of the surrender in places established with the state consent.
Spiritual practitioners working in institutions for spiritual education are spiritual practitioners acting with the consent of the state as teachers of religious schools and as practitioners in priesthood seminars in places set up with state approval.
(1) The places established with the consent of the State shall be deemed to be those places which the State Church Office shall declare to be such after hearing the competent church body.
(2) The establishment of new posts requires the approval of the State Office for Church Affairs in an agreement with the Ministry of Finance.
In agreement with the Ministry of Finance, after hearing the competent church body, the Ministry may grant personal benefits if they so request in writing.
(1) Only clerics who are Czechoslovak citizens, statestically reliable, upstanding and otherwise complying with the general conditions for admission to the public service may be engaged in places set up with national consent and personal benefits under this Regulation.
(2) In cases of special consideration, the State Office for Religious Matters authorises a derogation in respect of Czechoslovak citizenship, at the request of a spiritual or competent church body or by authority.
(1) The personal benefits of the clerics referred to in § 1 (2) constitute the basic salary, the value allowance and the remuneration for higher performance. They shall be paid in the same way as the service income of civil servants.
(2) A value addition may be granted to spiritual practitioners who hold an office with special responsibility. The extra workload of the clergyman, his public activities and his contribution to the building effort of the working people may be assessed by a reward for higher performance.
(3) The basic salary is reduced by a different permanent income, which the cleric enjoys from public funds. This provision shall not apply to the remuneration for spiritual care in public institutions, to the remuneration for teaching religion in schools, to the salaries of members of government, to the board of delegates, to the National Assembly, to the Slovak National Council and to the remuneration of members of national committees.
Spiritual benefits are granted to children who have been adopted and to shelters mutatis mutandis under the rules applicable to civil servants.
(1) Spiritual expenses include the reimbursement of travel, removal and other expenses for essential business trips, mutatis mutandis, in accordance with the rules applicable to civil servants.
(2) The routes are to be notified in advance to the district national committee of permanent official offices, excluding routes which will not be delayed.
(3) Travel accounts shall be submitted on a monthly basis to the District National Committee in order to amend them and to submit them to the Regional National Committee for a refund decision.
(1) Spiritual practitioners are required to teach religion in schools in the first and second stages free of charge, unless a special religion teacher is provided in the parish district.
(1) Spiritual persons and their family members are entitled to pension insurance mutatis mutandis under the rules applicable to civil servants.
(2) The pension base consists of 75% of the last basic salary achieved and the value added.
(1) Any spiritual activity can be performed by worldly and religious clergymen only with state consent.
(2) The state consent of the clergyman will require his permanent residence from the Regional National Committee or through it from the State Office for Religious Matters (the Third Scale of Spirituality) or from the Government (the Third Scale of Spirituality).
(1) Any provision of a clergyman to a place established with state consent requires the prior consent of the State.
(2) This consent will be requested in writing by the competent church body of the auxiliary clergy and by the clergy of the 1st and 2nd scales from the regional national committee, by the clergy of the III scale from the State of the Church. Appointment of the IV spiritual scale requires prior government approval.
(1) The provision of a clergyman without prior state consent results in the clergyman not receiving personal benefits and the place is deemed to be empty.
(2) If the spiritual competence for a provision within the meaning of Article 7 (1) is lost, the authority responsible under Article 17 (2) shall examine the case with the competent church authority; If no correction is made within 14 days, he shall request that the competent church body of the clergyman be removed and decide at the same time if the spiritual is not to be stopped from paying personal benefits. If the church authority does not comply with the request for the removal of the clergyman within 14 days, the place shall be deemed to be empty.
(3) Empty seats shall be occupied within a maximum of 30 days; upon expiry of this period, the State may take the measures necessary to ensure the proper functioning of the spiritual administration, church administration or spiritual education. In justified cases, the Ministry of the Church may exceptionally authorise an extension of the deadline.
(1) A precondition for carrying out spiritual activity is the composition of the pledge of allegiance to the Czechoslovak Republic.
(2) The promise is: "I promise in my honour and conscience that I will be faithful to the Czechoslovak Republic and its popular democratic establishment and that I will do nothing against its interests, security and integrity. As a citizen of a people's democratic state, I will fulfil the conscientious obligations that arise from my position, and I will do my best to support building efforts towards the welfare of the people."
(3) This promise is placed in the hands of the deputy minister and the minister of the first scale in the hands of the chairman of the district national committee, the spiritual second scale in the hands of the chairman of the regional national committee, the spiritual third scale in the hands of the minister responsible for the administration of the state office for church matters, and the spiritual IV scale in the hands of the prime minister.
(1) Each of the clergy is covered by the Regional National Committee with a record sheet containing the personal data relevant to the employment relationship, the granting and distribution of personal benefits and the entitlement to social benefits.
(2) The Ministry shall report these data as soon as it has been established for the first time and shall notify any changes concerning its service.
(1) The personal benefits provided for in this Regulation shall replace all the current permanent benefits which the clerics derive from their profession or in connection with it, from the proceeds of the majors, from patronage and all other liabilities or from State resources, or from public funds in accordance with existing legislation, as well as any individual personal allowances, support, assistance or remuneration.
(2) Paragraph 1 shall not apply to the salaries and remuneration referred to in the second sentence of Paragraph 9 (3).
(1) The State pays the Church the proper costs in kind and the costs of the provision of work by persons who are not spiritual.
(2) The State shall provide specific assistance for exceptional costs in kind where justified.
(1) The costs in kind are those of worship and those of administration.
(2) The costs of religious servants are those of church buildings, religious facilities and acts of worship.
(3) Administrative costs are those relating to the operation of church offices.
(1) Good costs are regular costs each year. These include the cost of routine maintenance repairs of buildings and internal equipment.
(2) Exceptional costs are investment in construction and non-construction, costly restoration of internal equipment and such.
(1) The level of proper costs in kind is examined under the diocese on the basis of the sub-budgets and the accounts of the individual church components in the Diocese district.
(2) The budgets must be drawn up in accordance with the principles of the State budget, in which case they must ensure total austerity. Further instructions for budgeting and closing accounts will be issued by the State Church Office in agreement with the Ministry of Finance.
(3) Of the sub-budgets of each component of its constituency, the capacitors shall draw up the total budget of the dioceses for the following year, which they shall submit to the Ministry of Religious Affairs for approval by the end of March of the current year, together with an equivalent final account drawn up for the last year.
(4) For 1950, the budget must be submitted by 15 November 1949.
(1) On the basis of the budgets submitted and the accounts presented, the State Office for Religious Affairs will assess the amount necessary to meet the actual needs of each diocese.
(2) The real need is the difference between the total annual issue and income.
(3) The revenue shall include the proceeds of all immovable and movable ecclesiastical property, irrespective of whether it has been used to cover the costs of personal or in-kind property, the proceeds of all property rights, as well as collections, gifts, inheritance, references and any other income other than stale charges.
(4) In order to obtain the basis for determining the income referred to in the preceding paragraph, the consistors shall make an inventory of all the assets and property rights of all the church components in the Diocese district, including individual communities, institutes, foundations, churches, majors and funds.
(5) The inventories of the property shall be submitted to the Consistor by 31 January 1950 at the latest by the State of the Church, to which they shall regularly report changes in the state of the property on 31 December of each year.
The state oversees church property by examining church management and reserving prior approval of all important property legal acts concerning that property. The exercise of the powers of the various bodies shall be regulated by the State Office of the Church.
(1) Special assistance for exceptional costs in kind is requested by the individual church bodies of the State Church Office through the Consistor.
(2) Applications must be accompanied by such documents as would indicate that the need is necessary, that they are satisfied economically and that they are remembered in the single economic plan.
The State crosses the patronage over Roman-Catholic churches, majors and other church institutions, carried out so far by public funds and foundations, municipalities, districts, county and other public corporations, as well as the patronage of the property, which is subject to the laws of 18 April 1919, No 215 Coll., on the prevention of the large property of land, of 11 July 1947, No 142 Sb., on the revision of the first land reform of 25 October 1945, on the confiscation of property and funds of the national renewal, as well as on the new land reform of agricultural and forestry land, on the establishment of the President of the Republic of 21 June 1945, No 12 Sb.
(1) The State shall carry out the patronage by presenting to the competent authority the appropriate candidates for the vacant period.
(2) Competitions for a busy ceremony are always written in the nearest issue of the Bulletin of the Catholic clergy. The administrator shall submit to the State the applications of all tenderers and shall indicate in the reference report a tenderer not considered eligible for presentation. The negative opinion must be duly justified on reasons which are not contrary to the law of the Czechoslovak Republic. Of the applicants who have not been rejected for a reason, the State shall present the one it considers most competent. The competent practitioner shall be obliged to grant the present church office within 14 days of the date of the presentation. If they do not do so within the prescribed time limit, the Office shall be deemed to have been granted the present.
All commitments to contribute to the purposes of the church, its components, communities, institutions, foundations, churches, majors and funds, based on patronage or other legal grounds or long-standing practices, shall cease.
(1) The Constitution for the Education of Spiritual Teachers is a Bohoslovka school and a priesthood seminar.
(2) The State pays their personal and material costs.
This Regulation shall enter into force on 1 November 1949; they shall be carried out by the Minister responsible for the administration of the State Office for Church Affairs in agreement with the Minister for Finance.
Zaporocký v. r.
Dr Cap v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Government No. 219 / 1949 Coll., on Economic Security of the Church of the Roman Catholic State |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.10.1949 |
|---|---|
| Effective from | 01.11.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0