Act No. 254 / 1994 Coll.
Act amending and supplementing the Act of the Czech National Council No. 425 / 1990 Coll., on District Offices, the modification of their responsibilities and on certain other measures related thereto, as amended
Valid
Law
Effective from 31.12.1994
Text versions:
31.12.1994
30.12.1994
254
THE LAW
of 8 December 1994
amending and supplementing the Act of the Czech National Council No. 425 / 1990 Coll., on the District Offices, the modification of their responsibilities and certain other measures related thereto, as amended
Parliament has decided on this law of the Czech Republic:
The Act of the Czech National Council No. 425 / 1990 Coll., on the District Offices, the modification of their scope and on certain other measures related thereto, as amended by the Act of the Czech National Council No. 266 / 1991 Coll., the Act of the Czech National Council No. 542 / 1991 Coll. and the Act of the Czech National Council No. 321 / 1992 Coll. (full version No. 403 / 1992 Coll.) are amended and supplemented as follows:
1.
The county authorities are the administrative offices which perform the administration in their territorial districts. The law may entrust them with the performance of government in other territorial districts. "
2. Paragraph 3 (1), including New Note 1a, reads as follows:
"(1) The district authorities may, by authorisation in the law and within its limits, legislate for their territorial districts; (1a) such legislation shall be referred to as the" Order of the District Office. "
1a) Article 79 (3) of the Constitutional Act of ČNR No. 1 / 1993 Coll., Constitution of the Czech Republic. "
Article 3 (6) reads as follows:
"(6) If a natural person in the course of business or a legal person breaks the obligation laid down by the order of the district office, the district office may impose a fine of up to CZK 200,000. The fine may be imposed within one year of the date on which the order of the District Office was infringed. This shall not be the case if the specific legislation provides for such a failure or breach of the obligation to impose a higher penalty. The proceeds of fines are the revenue of the district office's budget. '
4. In Paragraph 5 (1) (h), the following words are added at the end of the comma: "and protection."
(5) Paragraph 5 (1) shall be added to point (j), which shall include Notes Nos 4a and 4b:
"(j) manage, in accordance with the laws, regulations and directives of central government bodies, budgetary and contribution organisations and facilities managed on 23 November 1990 by the District and Regional National Committees, except in the cases set out in Annex IV to this Law, and except where that power has been delegated to another body under a special law; (a) establish, and manage, budgetary or contribution organisations for the performance of their tasks in their field of competence under a special rule (4b).
4 (a) For example, § 67 (2) of the ČNR Act No. 367 / 1990 Coll., on municipalities (municipal establishment), and § 6 and 12 of the ČNR Act No. 564 / 1990 Coll., on state administration and self-government in education.
4b) § 31 of Act No. 576 / 1990 Coll., on the Rules of Management of the Budget Funds of the Czech Republic and the Municipality of the Czech Republic (Budget Rules of the Republic), as amended by Act No. 10 / 1993 Coll. '
6. Paragraph 5 (2) to (4), including footnote 4c, read:
"(2) In addition, the District Office shall carry out emergency response tasks in the event of natural disasters, accidents or any other danger affecting life, health, significant property values or the environment. To this end, it shall ensure a coordinated procedure for rescue, emergency, professional and other services, administrative offices, municipalities, natural and legal persons in the liquidation of their consequences (hereinafter referred to as the Integrated Rescue System), unless another State authority is competent under specific regulations. (c)
(3) In order to carry out the tasks referred to in the first sentence of paragraph 2, the Head of the District Office may declare a state of danger by order of the District Office for the territory of the district or part of the district.
(4) If, as a result of a natural disaster, an accident or other emergency, there is a risk to life, health, significant property values or the environment, the Head of the District Office may impose an obligation on natural and legal persons, administrative authorities and municipalities to provide personal and material assistance to remedy the consequences of such an event, unless otherwise provided by a special law. It shall be for the person or the municipality who has fulfilled the obligation to pay the costs incurred effectively; the right to reimbursement of such costs must be exercised with the District Office within six months of their establishment, otherwise it shall cease to exist.
4c) For example, Act ČNR No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended. '
7. the following paragraph 5 is added:
"(5) The State shall be liable for damage caused in the performance of the obligation imposed pursuant to paragraph 4 to the person or community which has provided personal or material assistance. This responsibility can only be waived if the person who provided the assistance is capable of harm intentionally. The State shall also be liable for damage caused by a person or a municipality in discharging an obligation imposed under paragraph 4 to another. The right to compensation must be exercised with the District Office within six months of its establishment, otherwise it shall cease to exist. '
8. the following Sections 5a and 5b are inserted after Section 5:
(1) For failure to comply with the obligation imposed by § 5 (4), the district office may impose a fine on a legal person or a natural person engaged in a business activity under special regulations of up to CZK 200 000. Other natural person up to CZK 10,000. If the obligation imposed was not fulfilled even within the new deadline, the district office may impose a fine again. This cannot be done if a legal or natural person is unable to fulfil the obligation imposed, even if all the efforts can be required.
(2) The fine referred to in paragraph 1 may be imposed within one year of the date on which the obligation imposed pursuant to Article 5 (4) has been failed. The proceeds of fines are the revenue of the district office's budget.
In the districts of Brno-town, Ostrava-town and Plzeň-town and in the capital of Prague the district authorities perform these cities, with the exception of the powers under § 5 (1) and (2) of the Act of the Czech National Council No. 172 / 1991 Coll., on the transfer of certain items from the property of the Czech Republic to the property of the municipalities, which is carried out by the Ministry of Finance for the City of Brno, Ostrava and Pilsen and the City of Prague. The authority of the district office heads shall be exercised by their primary authorities in these cities, except as otherwise provided in the special law. '
9. Article 9 (1) reads as follows:
"(1) The district office is divided into reports and the office of the priority. After prior approval by the Ministry of the Interior, the presenter shall determine the organisational structure of the District Office, establish or abolish individual reports, determine the content of the work of the Office of Priorities and individual reports, unless such reports have been set up and their scope laid down by a special law."
10. in Article 9 (3), the second sentence, including Notes 6) and 7) shall be deleted;
11.
"(c) in cooperation with the competent central authorities of the State, organise checks on selected sections of the activities of the county authorities, evaluate their results and submit proposals to the Government for the necessary measures;"
12. in Article 15 (d), the following words shall be inserted after the words "methodically directed": "and in cooperation with the relevant central authorities of the State."
13. in Article 15, the following point (e) is inserted after point (d):
"(e) directs the operation of the Integrated Rescue System,"
Points (e) and (f) shall be renumbered as points (f) and (g).
14. in Paragraph 16, the following paragraph 3 is added:
"(3) The Ministry of the Interior shall perform the tasks of the employer and the superior body in relation to the priorities, to the extent laid down by the Government's regulation, in accordance with the specific regulations.
7aa) For example, Act No. 65 / 1965 Coll., Labour Code, as amended, Act No. 102 / 1971 Coll., on the Protection of State Secrets, as amended, Decree No. 148 / 1971 Coll., on the Protection of Economic and Professional Secrets, as amended, as amended by Government No. 420 / 1990 Coll. '
15. in Article 17 (1) (d), at the end of the comma, the following sentence shall be replaced by a semicolon and the following sentence shall be added: "the opening of the check shall be notified and the results shall be discussed with priority,"
16. in Paragraph 18b (2), the second sentence, including footnote 7c, shall be deleted;
Article 17 (18c) (4) reads as follows:
"(4) If the resolution contradicts the assembly's law, other legislation or government resolution, the presiding officer shall suspend its execution and submit it to the Government within 30 days of its suspension through the Ministry of Interior for decision. '
18.
In the transitional period provided for by the Government's Decree, the District Office shall act as the founder of a state-owned enterprise which was carried out by the Regional and Regional National Committees on 23 November 1990, except in the cases set out in Annex IV to this Act, and except where the function of the Founder has been delegated to municipalities under a special regulation. 4a) '.
19.
On the day following the date of the cancellation of the District Commissions for the privatisation of national assets, established under the Special Act, 8a), those Commissions are transferred to the District Offices. In the capital of Prague and in the districts of Brno, Ostrava and Plzeň, the city is transferred to these cities.
8a) Act ČNR No. 500 / 1990 Coll., on the jurisdiction of the authorities of the Czech Republic in the case of transfers of State ownership to other legal or natural persons, as amended. '
20. In Paragraph 33 (1), the words "3 and 4," shall be inserted after the words "under the provisions of Paragraph 5 (1) (g) and (i) and (2)."
21. Where the words "generally binding legislation 'are used in this Act, they shall be replaced by" legislation'. Where the words "a generally binding decree 'are used, they shall be replaced by the words" a county order'.
This Law shall take effect on 31 December 1994.
Uhde v. r.
Havel v. r.
Klaus v. r.
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Regulation Information
| Citation | Act No. 254 / 1994 Coll., amending and supplementing the Act of the Czech National Council No. 425 / 1990 Coll., on the District Offices, the modification of their responsibilities and certain other measures related thereto, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1994 |
|---|---|
| Effective from | 31.12.1994 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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