Decree of the Ministry of Defence No. 280 / 1999 Coll.
Ordinance of the Ministry of Defence laying down the procedure for the application of the requirement to identify and take over material resources, the procedure for the application of the requirement to designate natural persons for work assistance or for duty, and laying down the formalities and model of the delivery order, the nature and model of the document for taking over the material, the nature and model of the document for returning the material and the nature of the document and the form of the notice of departure
Valid
Order
Effective from 01.12.1999
280
DECLARATION
Ministry of Defence
of 17 November 1999
laying down the procedure for the application of the requirement for the identification of means of property and for taking over, the procedure for the application of the requirement for the designation of natural persons for work assistance or for the obligation to work, and laying down the formalities and model of the delivery order, the particulars and model of the document for taking over the means of property, the particulars and the model of the document for returning the means of property and the particulars and model of the call for applications
The Ministry of Defence, in agreement with the Ministry of Interior and the Ministry of Labour and Social Affairs, provides for the protection of the Czech Republic in accordance with § 17 (2), § 18 (3), § 20 (2) and § 28 of Act No 222 / 1999 Coll., on the protection of the Czech Republic ("the Act '):
Procedure for the application of the requirement to identify means in kind
(1) The ministries, other administrative offices or economic mobilization bodies may request in writing, in accordance with the crisis plans, the competent municipal authority of the municipality with extended scope, to determine the means in kind to carry out the State's defence tasks. In particular, the requirement to determine the means in kind shall include the generic marking and other identification details of the means in kind, the number of means in kind required and the justification for that requirement.
(2) The municipal authorities of the municipalities with extended scope in accordance with the crisis plans shall choose the appropriate means of action to ensure the State's defence and keep records of the municipalities.
(3) Ministries or other administrative offices may also participate in the selection of appropriate means of defence of the State under the authority of the municipal authority of the municipality with extended competence, provided that they have requested the identification of the means of defence. The full power to select and control shall be conferred on the designated staff of the Ministry or other administrative office by the municipal authority of the municipality with extended competence. The designated staff member shall demonstrate his identity at the same time as the submission of the power of attorney before the collection or control of the means in kind begins.
(4) The regional military administration shall, on the basis of the selection of the municipal authority of the municipality with extended scope, submit a proposal for the identification of the means in kind for the security of the armed forces in the form of a completed delivery order.
(5) The municipal authority of the municipality with extended scope based on the results of the withdrawals shall decide by means of a delivery order that the movable or immovable item or service becomes a material means of ensuring the State's defence. The instrument chosen becomes the subject of a follow-up check pursuant to Article 10 (b) of the Act, provided that the delivery order has been delivered to the holder of the instrument in question.
Details of the elements of the delivery order
(1) The delivery order is divided into the introductory part and three basic parts.
(2) The introductory part of the delivery order shall contain the following specific data:
(a) in the upper left-hand corner, details shall be given for the delivery of the delivery order and the call for delivery of the means of delivery;
(b) in the middle of the upper edge, the type of means of action shall be indicated as follows:
1. "M" means a movable item,
2. "N" property,
3. "Z" means animals and birds,
4. "S" service;
(c) in the upper right-hand corner, the number of the supplement to be completed by the relevant regional military administration in respect of means of property intended for the security of the armed forces shall be indicated.
(3) Part "A. Delivery decision" of the delivery order shall include the following particulars:
(a) an imprint of the principal stamp of the municipal office of the municipality with extended scope,
(b) details of the owner of the means of action; for a legal person, the business name and registered office, identification number, surname, name and birth number of the person authorised to act on behalf of the legal person and his telephone number; for a natural person, the surname, first name and birth number, place of permanent residence, if the natural person has temporary residence, also the place of temporary residence (hereinafter referred to as "permanent residence ') and the telephone number,
(c) the surname, first name, birth number, place of permanent residence of the person responsible for the supply of the means of storage or, where applicable, his telephone number, if the owner has designated the person responsible for the supply of the means of storage (hereinafter referred to as the "responsible person"),
(d) the name of the device and its mark; other identification data shall be provided in such a way that the material cannot be confused with another material; the service shall specify the type of service required;
(e) a lesson to the owner of the instrument in question on its obligations after service of the decision on the delivery of the instrument in kind pursuant to § 10 (a) to (d) of the Act and on the possibility of exemption from the obligation to provide the instrument in kind pursuant to § 19 (3) of the Act and the consequences of failure to fulfil obligations under § 64 to 72 of the Act;
(f) the date, month and year (hereinafter referred to as the "date") when the delivery of the means of storage was decided, the stamp of the municipal office of the municipality with extended scope and the signature of the mayor of that municipality.
(4) Part "B. Invitation to supply means of delivery" of the delivery order contains the following elements:
(a) a description of the means of delivery of the means of action, the place and time of delivery of the means of action, the designation of the body and its organisational component for which the means of action are intended; the supply of the material means also means the release of the property "N 'or the supply of the service" S' (hereinafter referred to as "delivery of the material '),
(b) the date on which the call for delivery of the means of transport was made, the signature and the imprint of the round stamp of the administrative office entitled to make the invitation;
(c) a lesson on the obligation to comply with the call for delivery of the material referred to in the first sentence of Paragraph 18 (1) of the First Law and the consequences of failure to comply with that obligation under paragraphs 64 to 72 of the Law.
(5) Part "C. Confirmation of receipt of the call for delivery of the means of delivery" shall include the following particulars:
(a) particulars of the device, its name, mark and other identification details;
(b) details of the owner or the person responsible for the delivery of the means of action;
(c) the date and time of receipt of the call and the signature of the recipient of the call;
(d) the place where the reasons for the failure to deliver the call for delivery of the means of delivery and the signature of the bearer or, where appropriate, the signature of the person who gave the reasons for not being able to deliver the call.
(6) The other party to the delivery order shall include the organisational instructions for the delivery of the means of delivery and a more detailed instruction to the owner of the means of delivery or the responsible person for the supply of the means of delivery.
(7) The formalities and the specimen of the delivery order are set out in Annex 1 to this order.
Copy and service of the delivery order
(1) The delivery order shall be drawn up in three copies.
(2) Copy No 1 with the completed part "A. Delivery decision" may be delivered in peace by the municipal authority of the municipality with extended scope to the owner of the device immediately after the decision. If the owner has designated the person responsible for the delivery of the means of delivery, he shall also be served on that person.
(3) Copy No 1, completed in all parts, may be delivered to the owner or person responsible for the state of threat to the State or to the state of war.
(4) Copy No 2, completed in all parts, shall be delivered to the owner or the person responsible at the time of the declaration of the state's threat or at the time of the declaration of the state of war, where there is a need to supplement the means in kind to ensure the State's defence and where copy No 1 has been delivered in peace in accordance with paragraph 2.
(5) Copy No 3 of the delivery order serves the administrative authorities for their own records.
(6) The delivery order completed in all parts can be delivered in peace to the owner or the responsible person, if the government directs the examination of the state defence measures under Section 41 of the Act. In this case, the information given in section "B. The call for delivery of the material" shall be marked "FITZ" with the number of the Government resolution.
Procedure for the taking-over and return of the means of goods, the particulars of the document of receipt of the means of goods and the particulars of the document of return of the means of goods
(1) Upon receipt of the delivery order completed in all parts, the owner or the responsible person shall deliver the means of delivery within the specified time and place of destination in accordance with Part "B. Invitation to supply the means of delivery" of the delivery order.
(2) The municipal authority of the municipality with extended competence or the local military administration which takes over the material shall be obliged to check, complete and issue proof of receipt of the material. The evidence of taking over the means of action shall be processed in two copies. Copy No 1 of this document shall be forwarded to the person who supplied the means of delivery.
(3) The evidence of taking over the means of action shall include the following particulars:
(a) the marking of the accepting body and the imprint of its principal stamp;
(b) details of the owner of the means of action; for a legal person, the business name and registered office, identification number, surname, name and birth number of the person authorised to act on behalf of the legal person and his telephone number; for a natural person, the surname, name, birth number, place of permanent residence and telephone number shall be indicated;
(c) details of the person responsible for the supply of the material;
(d) the name of the device, its mark and other identification details;
(e) documents submitted with means of action;
(f) the state of measuring equipment, the filling of operating and fuel;
(g) a list of equipment, accessories and tools,
(h) defects detected when the device is taken over;
(i) the signature of the person who supplied the material, the signature of the person authorised by the municipal authority of the municipality with extended competence or the local military administration to take over the material and the imprint of the round stamp of the accepting body;
(j) the date and time of receipt of the means of action.
(4) The formalities and the specimen of the document of receipt of the means of delivery are set out in Annex 2 to this Order.
(1) If the reasons for which the designated material has been taken over by the State are omitted, the municipal authority of the municipality shall invite the owner or the authorised person to take it back.
(2) Before returning the means of action, the municipal authority of the municipality with extended competence or the local military administration must check the means of action and its accessories, complete and issue evidence of recovery. The proof of return shall be processed in two copies. The same copy of this document shall be forwarded to the person who took over the means of action. The transferee may object to the registration.
(3) The evidence of repayment of the means of action shall contain the following particulars:
(a) the indication of the body which returns the means of action and the imprint of its principal stamp;
(b) details of the owner of the means of action; for a legal person, the business name and registered office, identification number, surname, name and birth number of the person authorised to act on behalf of the legal person and his telephone number; for a natural person, the surname, name, birth number, place of permanent residence and telephone number shall be indicated;
(c) details of the person taking over the means of action;
(d) the name of the device, its mark and other identification details;
(e) documents submitted with means of action;
(f) the state of measuring equipment, the filling of operating and fuel;
(g) a list of equipment, accessories and tools,
(h) defects detected when the device is returned;
(i) a lesson on the reimbursement of the means of action;
(j) objections to the registration by the person taking the means of action;
(k) the signature of the person who has taken over the means of action, the signature of the person who has been authorised by the municipal authority of the municipality with extended competence or by the local military administration to return the means of action and the imprint of the round stamp of the body which returns the instrument;
(j) the date and time of return of the device.
(4) The formalities and the model of the proof of return are set out in Annex 3 to this Decree.
Procedure for applying the requirement to designate natural persons for work assistance and work obligations
(1) The ministries, other administrative offices or economic mobilization bodies may request in writing, in accordance with the crisis plans, the competent municipal authority of the municipality with extended competence to select and designate persons for work assistance or work duties for the purpose of carrying out the State's defence tasks. The requirement to select persons for work assistance or work obligations shall include, in particular, the identification of the type of work in the relevant field, the number of persons required and the justification for their need.
(2) The decision on the profession of a designated person to assist or to work shall be preceded by the selection of the appropriate persons. It shall select the appropriate persons for the purpose of determining the work obligation or the work assistance, in accordance with the crisis plans, the municipal authority of the municipality with extended competence and shall keep a record of them.
Details of the particulars of the call order
(1) The calling order for work and assistance is divided into two parts, part "A. Professional decisions" and part "B. Receipt of the call order." The other party to the call for employment and assistance shall include organisational instructions for the person called for.
(2) The order for employment and work assistance under "A. Professional decisions" shall contain the following information:
(a) an imprint of the principal stamp of the municipal office of the municipality with extended scope,
(b) details for the service of the call order;
(c) surname, first name, title, birth number and place of permanent residence of the person called upon;
(d) a decision to designate a person for work or assistance;
(e) the type of work in question,
(f) details of the time and place of work or work assistance;
(g) an indication of the duration of the work obligation or assistance;
(h) medical certificates;
(i) the instruction of the person called upon;
(j) the date on which the profession was decided, the round stamp of the municipal office of the municipality with extended scope and the signature of the mayor of that municipality.
(3) The calling order for duty or assistance under "B. Receipt confirmation of the calling order" shall contain the following information:
(a) surname, first name, title, birth number and place of permanent residence of the person called upon;
(b) the date, time and signature of the recipient of the employment order or the work assistance;
(c) the place of listing of the reasons for the failure to deliver the notice and the signature of the service provider or, where appropriate, the signature of the person who gave the reasons for the impossibility of service of the notice.
(4) The formalities and model of the call for employment and assistance are set out in Annexes 4 and 5 thereto.
Copy and service of the calling order for work and work assistance
(1) The warrant is drawn up by the competent municipal authority of the municipality with extended scope. The order shall be drawn up in two copies.
(2) Copy No 1 shall be delivered to the person called upon only after the state of threat has been declared or after the state of war has been declared, in such a way that he can arrive in time for medical examination and take up work or assistance in time.
(3) Copy No 2 is left to the municipal authority of the municipality with extended competence for the registration of persons called for work or work assistance.
Common provisions on the service of the delivery order and the call order
(1) The competent administrative authority shall ensure that the delivery order or call order is delivered directly to the designated person; the replacement delivery is excluded.
(2) The delivery order or call order shall, as a general rule, be delivered by means of soldiers in advance intended for personal use, (1) the territorial authorities of the State administration, the municipal authorities and, where appropriate, the postal mail.
(3) The contents of the delivery order and the call order are enforceable by delivery.
They shall be deleted:
1. Order of the Minister of Justice No 21 / 1950 Coll., on the write-off of parcels on the territory of military exits from land books.
2. Decree of the Minister of National Defence and Minister of Interior No. 43 / 1961 Coll., on Replacement for Accommodation of Armed Forces.
This Decree shall take effect on 1 December 1999.
Minister:
RNDr. Vetchý, CSc. v. r.
Příloha č. 1
Annex No 1 to Decree No 280 / 1999 Coll.
Příloha č. 2
Annex No 2 to Decree No 280 / 1999 Coll.
Příloha č. 3
Annex 3 to Decree No 280 / 1999 Coll.
Příloha č. 4
Annex No. 4 to Decree No. 280 / 1999 Coll.
Příloha č. 5
Annex No 5 to Decree No 280 / 1999 Coll.
1) § 41 of Act No. 218 / 1999 Coll., on the scope of the defence obligation and on the military administrative offices (Defence Act).
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Regulation Information
| Citation | Decree of the Ministry of Defence No. 280 / 1999 Coll., laying down the procedure for the application of the requirement to determine and take over material resources, the procedure for the application of the requirement to designate natural persons for work assistance or for duty, and laying down the formalities and model of the delivery order, the particulars and model of the document of receipt of the material, the particulars and the model of the document of return of the material and the particulars and model of the call for evidence |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.11.1999 |
|---|---|
| Effective from | 01.12.1999 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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