Act No. 299 / 2009 Coll.
Act amending Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended
Valid
Law
Effective from 01.01.2010
Text versions:
01.01.2010
04.09.2009
299
THE LAW
of 23 July 2009
amending Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended by Act No. 546 / 1992 Coll., Act No. 161 / 1997 Coll., Act No. 269 / 1998 Coll., Act No. 95 / 1999 Coll., Act No. 144 / 1999 Coll., Act No. 148 / 2002 Coll., Act No. 260 / 2002 Coll., Act No. 423 / 2002 Coll., Act No. 253 / 2003 Coll., Act No. 85 / 2004 Coll., Act No. 100 / 2005 Coll., Act No. 285 / 2005 Coll.
1. In Article 1 (2), the words "the organisation and 'shall be deleted and the words" the Land Fund Statute' shall be inserted after the words "the Statute '.
2. In Article 2 (6), the words "or the municipality 'shall be inserted after the words" ownership of the county'.
3. in Article 2 (7) (a) and (b), the words "if these parcels are not part of the areas and corridors of transport and technical infrastructure defined in territorial development policy (2e), or if specific legislation does not exclude 2f," including footnotes 2e and 2f shall be deleted;
4. In Article 2, the following paragraph 14 is added:
"(14) The Land Fund shall establish a reserve of state land as defined by the Government's decree. The reserve of state land is intended for the implementation of state-approved development programmes and the Land Fund transfers land from the reserve in accordance with the State's development programmes. '
5. Sections 3 and 4, including footnote 4a, read:
The bodies of the Land Fund are the Director and the Supervisory Board (hereinafter referred to as the Board).
(1) The Director is the statutory body of the Land Fund; the Director shall be appointed and withdrawn by the Government on a proposal from the Minister for Agriculture.
(2) Director of the Land Fund
(a) submit to the Council a draft Statute, budget, annual accounts and annual reports, together with the opinion of the Council, such documents to the Minister for Agriculture with a proposal for consideration by the Government; the Government submits them with its opinion to the Chamber of Deputies for approval,
(b) issue an organisational order setting out the internal organisational breakdown of the Land Fund and the conditions of employment of that fund;
(c) appoint and remove the Deputy Director, who shall represent him in full in his absence; If it names several Deputy, it shall at the same time determine the order in which it is represented,
(d) may set up and appoint the head of the Land Fund's organisational units;
(e) submit to the Minister for Agriculture without undue delay reports on the results of checks carried out in the Land Fund, if not on checks carried out by the Land Fund's internal services.
(3) The Director shall, without undue delay, inform the Board in writing of the envisaged transfers of real estate pursuant to Article 2 (5) and the Land Property Management Act and other agricultural assets (4a) and of other facts concerning the operation of the Land Fund requested by the Board.
(4) The Director and Deputy Directors are registered in the Commercial Register. The application for registration or deletion shall be submitted by the Ministry of Agriculture.
(4a) Paragraph 17 (3) (c) and (d) of Act No. 229 / 1991 Coll., as amended by Act No. 183 / 1993 Coll. '
6. Sections 5 to 8 are deleted.
7.
(1) The Council oversees the operation and management of the Land Fund. According to the nature of the case, the Director, the Ministry of Agriculture, the Ministry of Finance, the Government, the Chamber of Deputies and, where appropriate, other competent authorities point out the deficiencies identified. The Council shall propose to the Director measures to address identified deficiencies.
(2) Council
a) oversees the proper exercise of the Land Fund and the performance of the duties of the Director and assesses whether they comply with the law of the Czech Republic and the Statute;
(b) express its views on the draft Statute, the budget, the annual accounts and the annual reports before they are submitted to the Government, as well as on the draft Rules of Organisation and Conditions of Employment;
(c) express its views on the proposal to appoint an auditor of the annual accounts and on the proposal to appoint or remove the head of the control unit;
(d) be entitled to inspect all documents relating to the operation of the Land Fund and to check that they are properly maintained;
(e) approve the conceptual materials and guidelines of the Land Fund;
(f) controls the management of real estate held by the Land Fund.
(3) The Council may propose to the Agriculture Minister the removal of the Director. "
8. In Paragraph 10 (1), the words "the Council shall consist of five members' shall be replaced by the words" the Council shall consist of seven members'.
9. Paragraph 11 (2) reads as follows:
"(2) The Council is able to act if at least three members, including the President or Vice-President, attend its meetings."
10. In Article 11, paragraphs 3 to 5 are added:
"(3) The decision of the Board shall require the consent of the majority of the members present. In the event of a tie, the President's vote shall be decided and, if not present, the Vice-President's vote.
(4) On behalf of the Council, the President and another member of the Board shall sign the documents, in the absence of the President, the Vice-President and another member of the Board.
(5) A member of the Board may renounce his post by written submission to the President of the Chamber of Deputies. '
11. Article 12 shall be deleted;
12. In the first sentence of Paragraph 13, the words "Member of the Presidium, Committee or" shall be replaced by "Director, Deputy Director or Member."
13. In the second sentence of Paragraph 13, the words "presidium or 'are deleted.
14. In the third sentence of Paragraph 13, the words "in the presidium and the Land Fund Board 'are replaced by the words" member of the Board'.
15. in Article 14 (1) (b), the words "the statutory body" shall be replaced by the words "the Director."
16. in Article 14a, the words "and members of the institutions" shall be deleted and the words "and members of the Board" shall be inserted after the words "Land Fund";
Transitional provisions
1. The date of entry into force of this Act will cease to be the date of validity of the decisions appointed by the members of the Presidium and the members of the Executive Committee of the Land Fund of the Czech Republic to these functions.
2. Until the appointment of the Director of the Land Fund of the Czech Republic, the current Chairman of the Executive Committee of the Land Fund of the Czech Republic shall act as Director, and until the appointment of the Deputy Directors of the Czech Republic, the current Vice-Presidents of the Executive Committee shall perform these functions.
3. The Government shall appoint the Director of the Land Fund no later than 60 days after the date of entry into force of this Act.
4. The Director of the Land Fund of the Czech Republic shall issue an organisational order governing the internal organisational breakdown of the fund no later than 60 days after its appointment by the Government.
Efficacy
This Act shall take effect on 1 January 2010.
z.
Klaus v. r.
Fischer v. r.
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Regulation Information
| Citation | Act No. 299 / 2009 Coll., amending Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.09.2009 |
|---|---|
| Effective from | 01.01.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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