Act No. 29 / 1947 Coll.
Law on the liquidation of the so-called government army, as well as on the placement and other provision of its staff
Valid
Effective from 05.05.1945
29.
Law
of 12 February 1947
on the destruction of the so-called government army, as well as the placement and other provision of its staff.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
(1) The liquidation of the Government Army, established by the Government Order of 25 July 1939, No 216 Coll., establishing the Government Army of the Protectorate of Bohemia and Moravia, is carried out by the Ministry of National Defence, which is the personal office of employees of the Government Army (paragraph 2) and the survivors thereof.
(2) This Act applies to:
(a) uniformed members, meaning persons who were in the so-called government army:
officers,
Military officials,
gayists outside the service classes,
persons from the number of teams;
(b) civil servants, meaning persons who were in the military:
pragmatic officials (Part One, Part I of the Law of 24 June 1926, No. 103 Coll., on the adjustment of the pay and certain service conditions of civil servants - the Law of the Salary),
Staff in the auxiliary office service (Decree of 7 July 1926, No. 113 Coll., on the regulation of the service and pay ratios of civil servants in the auxiliary office service),
organizers (Part One, Part II of Act No. 103 / 1926 Coll.),
by the Assistant Boards (Government Order of 7 July 1926, No 114 Coll., on the treatment of the service and pay ratios of the Assistant Boards).
The employment relationship of the persons referred to in Paragraph 1 (2) shall cease on the date of actual release from that ratio, which shall also be deemed to be:
(a) the profession of active military service under the Law of 6 March 1946, No 72 Coll., on the modification of certain legal conditions of officers and professional Rotmasters and on the taking up of certain persons into Czechoslovak armed power,
(b) acceptance for a longer serving Petty Officer,
(c) the boarding of a presentative service (military training of reserve personnel);
(d) transfer to another State or public service;
(e) the measures provided for in Articles 3, 2 and 6 (2).
(1) If the uniformed members to whom Act No. 72 / 1946 Coll., are not called into active military service, they shall be transferred to other public or public services, and their pay and service conditions shall be adjusted accordingly, in accordance with the principles of the Decree of 7 November 1930, No 163 Coll., on the taking-over and inclusion of employees of self-governing corporations in the public service, except in disciplinary proceedings.
(2) Persons not called into active military service or transferred under paragraph 1 will be translated in accordance with the provisions applicable to military gayists
(a) in retirement, if they have at least 10 years of entitlement to the service and its area;
(b) in advance with a retainer, unless they have at least 10 such years.
(3) The period spent in the government army is fully attributable to the increase of the service and the entitlement to the provision fees and their size.
(4) The provisions of Article V, § 3, paragraph 3 of the Act of 16 May 1946, No 139 Coll., which regulates the pay and certain service conditions of military and gentile gentiles, shall apply to the measure of the provision salaries (compensation).
(1) Uniformed members who were longer serving petty officers on 29 September 1938 and in this proportion undertake to continue active military service shall be credited with the term of service in the so-called Government Army, as well as with the term of service after 5 May 1945 to determine the formalities and provisions in accordance with the rules applicable to longer serving petty officers as if it were the period spent in the ratio of a longer serving petty officer. If officers (military officers) or officers (officers) of a government troop, the Ministry of National Defence may, at the time of the appointment of an officer or sergeant, count the period of service in the government troop in the ratio of an officer (military officer) or an officer two thirds of the amount of service.
(2) If they are not placed in active service as professional military guards or longer serving sub-officers, they shall be transferred to other state or public services and their pay and service conditions shall be adjusted accordingly in accordance with the principles of Government Decree No. 163 / 1930 Coll. The time spent in the government army will be counted as the time spent in proportion to the longer serving petty officers. If it is not possible to place them in this way, those who, under the regulations applicable to longer-serving petty officers, have at least 10 years to be counted for the entitlement to the service and its purpose shall be retired and shall be paid rest pay in accordance with the rules applicable to longer-serving petty officers; those who do not have at least 10 such years shall be released with a severance grant, which shall be up to five mandatory service years of one year, for more than five such years the two-year amount of the last service (monthly premium).
(1) Uniformed members who are not military persons under a military law are required, according to their year of birth, to fulfil a military obligation, whereby one quarter of the service (military training of reserve members) may be counted from the service performed in the government army.
(2) For those of them who will be allowed to become professional military genders or who will undertake to continue active service as longer-serving petty officers, the Ministry of Defence may shorten the service (military training of reserve members) appropriately or fully forgive according to the length of service in the government army. The term of service after 5 May 1945 shall be fully included in the statutory service (military training of reserve personnel). The period of service spent in the government army in the ratio of an officer (graduate of an officer's school) may be counted by the Ministry of Defence to increase the service in the provision of a professional officer by two thirds. They are equally followed up in the assessment of the service period for determining the formalities in the ratio of the longer serving.
(1) Civil servants will be transferred to the personal status of civil servants of the Ministry of National Defence.
(2) If it is not possible to provide for them in accordance with paragraph 1 and if they have at least 10 years to be counted under the rules applicable to them for entitlement to the service and its area, they shall be transferred to retirement; If they do not have at least 10 deductible years for the entitlement to and the area of payment, they shall be released with a two-year allowance if they have five or more deductible years, or if they have one year of service, if they have less than five deductible years.
The Ministry of National Defence is hereby authorised to remove, in an agreement with the Ministry of Finance and Interior, the discrepancies in salary and inconsistencies arising from the revocation of appointment in the Government Army under the Decree of 20 August 1945, No 59 Coll., which abolishes the appointment of public staff from the period of infreedom which might arise in the implementation of this Act.
If employees of the government army were created under the relevant legal provisions of the law as nationals of the national struggle for liberation, they shall remain unaffected by this law.
This Act takes effect on 5 May 1945 and applies in the Czech and Moravian-Silesian countries; It shall be implemented by the Minister of National Defence in agreement with the Ministers involved.
Dr Beneš v. r.
Gottwald v. r.
Maj-Gen Svoboda v. r.
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Regulation Information
| Citation | Act No. 29 / 1947 Coll., on the liquidation of the so-called government army, as well as on the placement and other arrangements of its staff |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.03.1947 |
|---|---|
| Effective from | 05.05.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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