What is Act No. 280 / 1948 Coll.?

Act No. 280 / 1948 Coll., on Regional Establishment — Law on Regional Establishment.

When it became Act No. 280 / 1948 Coll. effectiveness?

Act No. 280 / 1948 Coll. became effective 24.12.1948.

Is Act No. 280 / 1948 Coll. still valid?

Yes, Act No. 280 / 1948 Coll. is still valid and effective.

Act No. 280 / 1948 Coll. - Law on Regional Establishment

280.

Law

of 21 December 1948

about regional establishment.

The National Assembly of the Czechoslovak Republic decided on the following Act:

Oddíl 1.

Establishment of regional and regional national committees.

§ 1.

Basic provisions.

The territory of the Czechoslovak Republic is divided into regions.

Establishment of counties.

§ 2.

(1) The following counties are hereby established:

A. in Czech countries (Czech Republic, Moravia and Silesia):

1. region of Prague,

2. the region of ČeskoBudějovický,

3rd Region of Pilsen,

4. the Region of Karlovy Vary,

5th Ústí Region,

6th Region of Liberec,

7th county of Hradec,

8th Region of Pardubický,

the 9th Region of Jihlava,

the 10th Region of Brno,

the 11th Region of Olomouc,

the 12th county of Gottwalds,

13. region of Ostrava;

B. in Slovakia:

14th county of Bratislava,

the 15th Region of Nitran,

16. Banskobystrický Region,

17th Region of Žilinský,

18th Region of Košický,

The 19th county of Prešovský.

(2) The territory of the regions and their registered offices (regional cities) are set out in the Annex to this Act, which forms part of it (hereinafter referred to as the Annex).

§ 3.

The status of the capital of Prague will be regulated by a special law. Until that happens, general regulations apply.

§ 4.

(1) In cases where the regional borders, as set out in the Annex, divide the territories of the existing counties or municipalities, either adapted to the regional borders. In this context, either a new territorial organisation of the counties has been implemented. In Czech countries, the government will do so by regulation; In so doing, the arrangements for the interim management of the administrative departments concerned and for the establishment of their extraordinary bodies, as well as the settlement of assets between the counties and the division of staff, shall be carried out in accordance with the relevant provisions of Decree of the President of the Republic of 27 October 1945, No 121 Coll., on the territorial organisation of the administration, by the national committees.

(2) Until the territories of the counties and municipalities are adapted to the regional borders (paragraph 1), the local jurisdiction of the existing regional and local national committees remains unaffected. During this transitional period, the local jurisdiction of regional national committees shall apply to the districts of all regional national committees whose head offices are in the territory of the region. The cases of this temporary derogation from the local jurisdiction of the Regional National Committees are specifically listed in the Annex.

§ 5.

(1) It is possible to create or abolish a region or change its seat only by law.

(2) The counties and municipalities may belong only to the perimeter of one region.

(3) The following provisions shall apply to the amendment of the border of the regions:

(a) If only part of the territory of the municipality is transferred from one region to the other, the general rules on changes to the boundaries of municipalities and districts apply.

(b) Until 31 December 1950, the Government may, by regulation, make other minor adjustments to the regional borders which do not affect the existence of the counties and in the context of this change in the territory of the counties. This authorisation cannot be used for changes in regional borders that separate regions in Czech countries from regions in Slovakia.

(c) Except in cases covered by (a) and (b), the regional borders may be amended only by law.

Establishment of regional national committees.

§ 6.

For each region, a regional national committee shall be established with its seat in the regional city.

§ 7.

The Regional National Committees shall begin to take effect on 1 January 1949.

Oddíl 2.

Scope of the Regional National Committees.

§ 8.

Basic provisions.

(1) The Regional National Committees carry out public administration in their respective fields (regional administration), with the exception of those sectors of public administration the exercise of which belongs to other bodies (§ 124 of the Constitution).

(2) The Regional Administration comprises:

(a) the administrative fields which are still provided for by the national committees of the Land, in Slovakia, of the same kind as those which are still carried out by the delegates or other bodies, in which the Government may lay down the provisions of the regulation,

(b) other administrative fields which are still provided for by other authorities, to the extent provided for by specific laws.

(3) Regional National Committees will take up individual fields of regional administration, starting gradually on 1 January 1949,

(a) the administrative fields referred to in paragraph 2 (a) in the chronological order determined by the Government by the Regulation;

(b) other administrative fields (paragraph 2 (b)) under special laws.

(4) For the purposes of the simplest and most economical exercise of public administration, the Government may:

(a) the delegation of powers to issue decisions and take measures in the first chair with central authorities to the Regional National Committees, after the case to the Regional National Committees;

(b) transfer the competence of the Regional (Regional) National Committees to the Regional (Regional) National Committees or to the Local (Regional) National Committees and to the Regional) National Committees.

§ 9.

Tasks of the Regional National Committees.

According to Article 125 of the Constitution, the Regional National Committees have, in particular, the following tasks as bodies of the Single People's Administration in their field of competence:

protect and strengthen the people's democratic establishment;

cooperate in the performance of State defence tasks;

ensure national security;

promote the maintenance and enhancement of national assets;

participate in the development and implementation of the Single Economic Plan;

they plan and manage economic, social and cultural building within their territory, ensure the conditions of continuous agricultural and industrial production and ensure the supply and nutrition of the population;

care for national health;

find law in their field of competence, in particular exercise criminal jurisdiction within the limits laid down by law.

Oddíl 3.

Subordination and supervision.

§ 10.

(1) The Regional National Committees and their components are subordinate to the Government and to the relevant ministers and central authorities in their respective fields.

(2) The Regional National Committees, as well as their components, are required to maintain laws and regulations and, in the interests of the uniform exercise of public administration and of uniform national policies, to take care of the directives and guidelines of government, individual ministers and central offices. The Home Secretary is responsible.

(3) The central authorities shall monitor in their field of competence whether the Regional National Committees and their components fulfil their obligations under paragraph 2.

Oddíl 4.

Organisation of regional national committees.

§ 11.

Number of members.

(1) The Regional National Committee shall:

in regions up to 500,000 inhabitants 36 members,

in regions of over 500,000 to 750,000 inhabitants of 48 members,

in regions of over 750,000 to 1,000,000 inhabitants of 60 members,

in regions over 1,000,000 inhabitants 72 members.

(2) The population is collected according to the last general census carried out with the effectiveness of this Act; Before this census is carried out, the population shall be determined according to another official finding. In doubt, the Ministry of the Interior decides.

§ 12.

Election and appeal.

(1) The members of the Regional National Committee are elected and may be removed from office.

(2) Details of the terms and conditions and the exercise of the right to vote and the conduct of elections and the manner in which members are withdrawn shall be laid down in the law.

§ 13.

Responsibility and control.

(1) The members of the Regional National Committee and the members of the Regional Executive Board (Section 16) are responsible for and controlled by the people.

(2) The manner in which the people exercise control and exercise that responsibility is laid down by law.

§ 14.

Dissolution.

(1) The Regional National Committee may be dissolved by a Government resolution, in particular if it fails to fulfil its tasks or if its activities jeopardise the proper performance of the public administration. The dissolution of the Regional National Committee shall be announced by the Minister of Interior in the Official Journal.

(2) New elections shall be listed no later than 2 months after the date of the Government's resolution (paragraph 1).

(3) The Minister for the Interior shall take the necessary measures for the interim management of the administration for a transitional period before the authorities newly elected.

§ 15.

Plenary session.

(1) The Regional National Committee determines at its plenary sessions the direction and policy of the Regional National Committee. As part of its resolution, the Regional Administration (§ 8) of its executive functions (§ 16).

(2) The Regional National Committee is reserved in plenary:

(a) approve and monitor the implementation of the regional plan within the framework of the Single Economic Plan;

(b) issue directives for the activities of executive bodies, receive reports on their activities, check their activities and give them instructions and suggestions;

(c) to vote and recall its President, its Vice-Presidents and Members, and to establish and abolish commissions;

(d) decide on its budget and on the accounts of its management;

(e) decide on matters of particular economic importance;

(f) decide on matters reserved for specific provisions of the decision of the Plenary Session.

(3) The Regional National Committee may decide on any matter of regional administration in plenary.

§ 16.

Powerful files.

The Executive Components of the Regional National Committee shall be:

(a) the Board,

(b) the President (Deputy Director),

(c) referents;

(d) the Commission.

§ 17.

Council.

(1) The members of the Board shall be the Chairman, its Deputy Directors and the Members.

(2) The Council shall implement the resolution of the plenary session of the Regional National Committee. It shall be responsible for the management and management of all matters falling within the competence of the Regional National Committee, unless they are reserved for the plenary session or the chairperson of the Regional National Committee.

(3) The Council shall exercise its powers as referred to in paragraph 2 in principle through referees. It's her place in the choir.

(a) to discuss provisionally the matters to be discussed by the Regional National Committee in plenary,

(b) discuss matters of a political nature, in so far as it is not for the plenary session;

(c) decide on a draft regional plan and submit it to the Plenary Session for approval;

(d) to discuss regularly reports on the implementation of the economic plan;

(e) decide on matters reserved for specific provisions of the Council's decision.

(4) The Council is entitled to decide on any matter which is otherwise decided by the Members or the Commission.

(5) However, the Council may set up commissions at a time when the Regional National Committee does not sit, but is obliged to request the next plenary session for additional approval.

(6) The Council controls the activities of individual commissions and reports, and individual members thereof as well as the chairmen of the commissions, are required to report regularly to it on their activities and on their work plans. The Board may give binding guidance to individual referees and commissions.

(7) The Council examines all decisions taken by a referee or an authorised staff member (§ 19, par. 4) or a commission (§ 23) if an appeal has been lodged against them. If the Board considers that an appeal which is not inadmissible could be appealed, it may comply with the appeal and proceed with the appeal, unless it concerns a decision of opposition taken by any other than the appellant. An appeal which has not been dealt with must be submitted to the Appellate Office (§ 25 (1)), unless otherwise specified, within 3 weeks of their submission.

§ 18.

Chairman.

(1) The Chairman of the Regional National Committee shall represent the Regional National Committee and the Region as a union of the People's Administration externally and shall chair the plenary sessions of the Regional National Committee and meetings of the Council.

(2) At a time when the Council does not sit, the President may take urgent measures, which would otherwise require a resolution of the Council, but is obliged to ask the Council for additional approval within 8 days.

(3) The President shall unify the activities of the individual reports and shall monitor the implementation of the directives of the superior bodies and of the directives at which the plenary meeting of the Regional National Committee has been decided.

(4) If the Regional National Committee's representative fails to take the necessary measures in due time to ensure the proper provision of the work of his report (§ 19), these measures shall be taken by the President on his behalf and shall be notified to the Council at its next meeting.

(5) If the President considers that the resolution (s) of the plenary session of the Regional National Committee or of the Council or of the Commission or of the decision (s) of the referendum is out of their competence or that it is contrary to the regulations or is contrary to the directives and instructions of the superior bodies, he shall cease the enforcement of this resolution and shall notify the Council of the resolution (s) of the plenary session or of the Council of the relevant central office and the Ministry of Interior of the resolution (s). Until such time as the matter is decided by the minister (principal of the central office), after advice, the order (decision, measure) may not be enforced.

(6) The President is the Chief of Staff of the Regional National Committee (Sections 30 and 38). Allocated staff to individual reports; staff members who are (trained) for the specific tasks of each department (professional service staff) may be used for other tasks only with the approval of the competent central office.

(7) The Chairman of the Regional National Committee has in the regions up to 500,000 inhabitants of one deputy, in the regions over 500,000 inhabitants up to 1,000,000 inhabitants of two Vice-Presidents and in the regions over 1,000,000 inhabitants of three Vice-Presidents.

(8) The President of the Regional National Committee shall be accountable to the Plenary Session and to the Board under his authority. He is obliged to follow orders and instructions from the Home Secretary.

Referents.

§ 19.

(1) The work of the Regional National Committee is carried out in reports. Each report is headed by an elected referendum.

(2) The Council shall determine the way in which the referees are represented. If one of the referees is unable to perform his or her duties or if he or she becomes vacant, the Council shall entrust a member of the Regional National Committee with the interim management of the report. Member of the Regional National Committee, responsible for the administration of the report, has the rights and duties of the Member.

(3) The Government will issue regulations on the scope of the activities of individual reports, whereby it may entrust more detailed arrangements to general legislation issued by the competent central authority in agreement with the Ministry of Interior.

(4) Unless otherwise agreed by the Council, the right of the referee to decide and to take action within the scope of the activity of the report on behalf of the Board shall lie with the Board. With the agreement of the Board, the Referee may authorise the seconded staff member to take decisions and take action under his orders.

(5) The representative shall be responsible for the performance of his office to the plenary session and to the Board under his authority. It shall comply with the orders and instructions of the relevant central authorities.

§ 20.

(1) The immediate senior staff of the seconded staff is a referendum.

(2) For each report, the Council shall determine the priority of the report for the staff assigned to this report. Its provisions require the confirmation of the Minister of the Interior in agreement with the ministers in question.

(3) Other staff seconded shall be subordinate to the priority of the report.

§ 21.

Regional National Security Command.

(1) For the purpose of the provision of national security tasks, a Regional National Security Command shall be established in the framework of a safety report of the Regional National Committee. The Ministry of the Interior shall assign to this headquarters the necessary number of staff from the National Security Corps members and from staff providing national security tasks.

(2) The Organisation and the activities of the Regional National Security Command shall be regulated by the Ministry of Interior. It may provide for derogations from Paragraph 19 (4) and from the provisions governing the status of seconded staff.

§ 22.

Regional Secretary.

(1) The Council shall appoint a Regional Secretary from among the staff assigned to the Regional National Committee. Its provisions require confirmation by the Home Secretary.

(2) Priority reports and other staff of the Regional National Committee are subordinate to the Regional Secretary.

(3) The Regional Secretary is an assistant to the Chairman of the Regional National Committee in the exercise of his or her duties under § 18, paragraphs 2 to 5, and his or her executive body, and represents him or her as the Chief of Staff of the Regional National Committee.

(4) The Regional Secretary shall attend plenary sessions and meetings of the Council; shall have an advisory vote in the meetings of the Board.

§ 23.

The Commission.

As a rule, the Commission of the Regional National Committee shall have an advisory function. However, the Council may entrust them to take decisions on its behalf, to the extent they determine.

§ 24.

Driving.

Until a law governing the general principles of management before the national committees is passed, the Government Decree of 13 January 1928, No 8 Coll., on proceedings in matters falling within the competence of political authorities (on administrative proceedings) shall apply to proceedings carried out by the Regional National Committee, unless otherwise provided for by specific provisions.

§ 25.

An appeal.

(1) If the appeal is not excluded, the decision, measures and findings of the Regional National Committee may be appealed to the central office concerned.

(2) Further appeals are not admissible from the decision of the Regional National Committee as an appeal chair.

Principles for the deliberations of the Regional National Committee and its Choir Executive.

§ 26.

(1) The President shall convene the members of the Regional National Committee at least twice a year for plenary sessions.

(2) The Plenary Session shall be convened if the Council or at least one quarter of the members of the Regional National Committee so requests, indicating the subject matter of the hearing. Council meetings shall be held as necessary.

(3) The members concerned shall not be present at meetings; the details are laid down in the Rules of Procedure (Section 28 (1)).

(4) The Plenary Sessions of the Regional National Committee are generally public; The meetings of the Board and the meetings of the commissions are generally non-public.

(5) The Chairman shall direct meetings and ensure that peace and order are maintained in the negotiations and that it is conducted uninterrupted.

§ 27.

(1) The Plenary Session of the Regional National Committee or the Council is capable of a resolution if an absolute majority of all members are present. If the members do not meet in such a way that they are able to act, they shall be convened again by the President to discuss the same programme. After this second meeting, the Plenary Session or the Board shall be able to vote in the presence of at least one third of the members.

(2) More members than against the motion are required to vote in favour of the resolution. In the event of a tie, the proposal shall be deemed accepted if the President has voted for it.

(3) The Rules of Procedure shall determine the minimum number of positive votes required for the adoption of the proposal; may also set a higher majority for some types of resolutions.

§ 28.

(1) The Rules of Procedure for the Plenary Session of the Regional National Committee and its Executive Board shall be drawn up by a regulation. The Regional National Committee may issue more detailed rules on negotiations.

(2) General principles for the composition of commissions are laid down by the Ministry of the Interior and the General Rules for External Relations as well as for the internal administration of the Regional National Committees, in particular the Office Regulations. Specific regulations on the composition of individual commissions and specific rules on internal administration of individual reports in terms of professional needs may be issued by the relevant central authorities in agreement with the Ministry of Interior.

§ 29.

The right of reference and the accounting and cash service.

(1) The rules on the exercise of the right of reference and on the organisation of accounting and treasury services shall be issued by the Minister of Finance to the Regional National Committees in agreement with the Minister of Internal Affairs. Until such regulations are issued, the regulations for the offices of the II. stools in Slovakia apply mutatis mutandis.

(2) Paragraph 11 (2) of the Act of 20 March 1919, No 175 Coll., on the establishment and competence of the Supreme Accounting Audit Office, remains unaffected.

Citation	Act No. 280 / 1948 Coll., on Regional Establishment
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	24.12.1948
Effective from	24.12.1948
Effective until	-
Status	Valid

Act No. 280 / 1948 Coll.

Law on Regional Establishment

Contents