Government Decree No. 3 / 1947 Coll.

Regulations governing certain issues of organisation and the service and pay conditions of the College of Uniformed Prison Guard

Valid Effective from 21.01.1947
3.
Government Regulation
of 17 December 1946
adjusting certain issues of organisation and the service and pay conditions of the Corps of Uniformed Prison Guard.
The Government of the Czechoslovak Republic hereby orders, pursuant to § 2, paragraph 1 of the Decree of the President of the Republic of 1 October 1945, No. 94 Coll., on the modification of certain issues of organisation and of the service and pay conditions of the College of Uniformed Prison Guard:

ČÁST PRVNÍ.

Organisational provisions.
§ 1.
(2) The JRC is armed and equipped with a uniform assembly; it consists of officials of the prison service of legal, administrative and guards (hereinafter referred to as JRC officials) and gayists of the prison guards outside the service classes (hereinafter referred to as JRC gayists).
§ 2.
The tasks of the JRC shall be in particular:
1. in the interests of general security, to guard persons who are in custody in prison institutions;
2. to cooperate in order not to undermine the purpose of the investigation and to enforce the sentence of freedom under the applicable rules;
3. actions to maintain and improve the proper operation of the employment of prisoners in and outside prison institutions;
4. to take care of the administrative and economic side of the exercise of custody.
§ 4.
The Minister of Justice shall designate an official of the legal service to which the service is supervised, as well as the care of the education and training of the College, at his office; in this capacity he holds the title "Minister Inspector of the JRC '. The Minister of Justice shall designate for Slovakia, on the proposal of the delegate of justice, as a representative of the supervisory officer of the official of the service, a legal officer with the title" Deputy Minister of Justice'; if necessary, the representative may also designate the Czech and Moravian-Silesian countries.

ČÁST DRUHÁ.

Members of the JRC.

Díl I.

JRC officials.
§ 5.
(1) The JRC officials are state pragmatic officials, in which they are subject to derogations under this Regulation.
(2) Staff posts of JRC officials shall be classified in three official classes. (b) The service class includes the professional categories of officers of the prison service legal, the II.
§ 6.
Staff posts of Class III officials shall be systemised according to their importance and taking into account the manner of service within the normal needs of the forces in the 4th to 8th scale.
§ 7.
An official of the JRC III. Staff Class in the category of officers of the prison services of the guard shall be given a title by scale as follows:
in the 4th scale, the Chief Inspector Class I,
in the 5th scale, Chief Inspector Class II,
in the 6th scale of the level I inspector,
on the 7th scale of the Inspector II grade,
in the 8th scale of the 3rd grade inspector.
§ 8.
The title houses of the JRC officials and of the JRC officials' candidates shall be determined taking into account the official category as follows:
Služební třída Kategorie úředníků vězeňské služby Služební obor (úřad, ústav) Titulový přídomek
I. právní vězeňské ústavy vězeňské služby právní
II. správní vězeňské ústavy vězeňské služby správní
III. strážní vězeňské ústavy vězeňské služby strážní
Official waiters. Waiting period.
§ 9.
(1) The JRC officials shall be established only in the category of civil servants of the administrative service.
(2) Only those who have fulfilled the following special conditions outside the general conditions for a provision in the civil service may be appointed as an official candidate of the JRC:
(a) is an advance officer or has successfully completed a school for advance officers;
(b) have completed a secondary school of any type with an adult examination;
(c) not exceeding the age of 30;
(d) has a body height of at least 165 cm;
(e) has the mental and physical capacity established by the official physician.
(3) The Ministry of Justice, in Slovakia entrusted with justice, may, in cases of special consideration, authorise a derogation from the special conditions laid down in paragraph 2 (c) and (d) and, in the case of persons serving in prison institutions on the date of entry into force of this Regulation, also in the case referred to in paragraph 2 (a).
(4) The waiting period is set at three years.
§ 10.
The category of civil servants of the prison service is supplemented by the category of civil servants of the legal [I.b. From this point of view, the Ministry of Justice may, in cases of special concern, authorise the Ministry of Justice in Slovakia to entrust justice.
§ 11.
(1) The categories of officers of the prison services of the guard are added from among the JRC gayists, established at the service posts of the 1st scale, if they meet the general conditions and have successfully completed a one-year course linked to the local school or have other equivalent education.
(2) The condition for the provision of the JRC gayist by an officer of the prison guard shall be at least 15 years of service actually spent in the JRC, the special eligibility for the post to be lent, the ability, fitness and credibility as well as the successful performance of the professional examination for the achievement of the post of officer of the prison guard. The scope, manner and other conditions of the professional examination shall be determined by the Ministry of Justice as regards Slovakia after the statement of the delegation of justice.
§ 12.
The provisions of the Waiver shall be laid down by the Administrative Officer of the Prison Service.
The candidate shall be appointed as an administrative officer once he has completed the prescribed waiting period, has complied with the general conditions and has successfully passed the professional examination for the achievement of the post of official of the prison service and the examination of state accounts. The scope, manner and other conditions of the professional examination shall be determined by the Ministry of Justice as regards Slovakia after the statement of the delegation of justice.
§ 13.
Salary ratios.
(1) The provisions on the level of the service of officers of the prison guard apply mutatis mutandis to the amount of the service of the gendarmerie officers.
(2) If the Chief Officer of the Prison Guard has been appointed as an officer of the Prison Service of the Guard (§ 11 (1)), the provisions of § 17, § 4 and Article 5 of the Salary Act shall apply mutatis mutandis.
Transfer provisions.
§ 14.
(1) The officers of the prison service of the guard (III., to date IV. Staff class) are included in the scales and grades of the same number and the designation provided for in § 103 (1) of the Law of 12 January 1944, No 15 Coll., but with the following derogations:
Dosavadní platové stupnicedosavadního platového stupněse převedou do
platové stupnice platového stupně
7 a 8 a
7 b 8 b
7 c 7 a
7 d 7 b
7 e 7 c
7 f 7 d
7 f + 1 náslužný přídavek 7 e
7 f + 2 náslužné přídavky 7 e + 1 náslužný přídavek
7 f + 3 náslužné přídavky 7 e + 2 náslužné přídavky
7 f + 4 náslužné přídavky 7 e + 3 náslužné přídavky
7 f + 5 náslužných přídavků 7 e + 4 náslužné přídavky
(2) The period to be counted at the current level (with the current service allowance) is to be counted for the increase of the service fee at the new level (service allowance), after the case in the new scale.
(3) The officers of the prison services of guards who have been transferred to a lower salary scale shall continue to use the official title of the corresponding salary scale in which they were placed before the transfer and the value mark belonging to them accordingly.
§ 15.
(1) No 102 of the Act of Accession of 1903 of the Official Journal of the European Union (Official Journal of the European Communities).
The difference, if any, falls as a compensatory personal allowance which is not subject to pension tax for prison officers in Slovakia.
(2) The compensatory personal allowance referred to in the preceding paragraph shall be reduced by the amount of such increase, but not more than the amount by which the salaries fixed in accordance with paragraph 1, after the amount of the service (corresponding to him) due to the increase in service (corresponding to him) exceeds the current salary.
(3) Where the family status (number of members of the family) taken into account for the purpose of determining the compensatory allowance is changed for the period from the first day of the next month, that allowance shall be fixed as if the circumstances of the change introduced had occurred on the day before the application of this Regulation.
(4) The compensatory personal allowance shall be rounded up if it is not expressed in crowns without pennies or if it is not divisible by 12, to the nearest higher amount in crowns, divisible by 12.

Díl II.

Gasists of the JRC.
A. Service and salary ratios.
§ 16.
Systemisation of service posts.
(1) The staff posts of the JRC gayists shall be systemised in the I., II. and III scales.
(2) Paragraph 6 of the Pay Act applies mutatis mutandis.
Prison guards waiting.
§ 17.
(1) Only those who have fulfilled the following special conditions outside the general conditions of the provisions of the Civil Service provisions may be designated by the prison guard (hereinafter referred to as the Waiver):
(a) have completed at least 22 years of age and have not exceeded 30;
(b) carry out a military service with a weapon by a representative;
(c) is free, widowed or parted;
(d) have at least the training provided by the general school;
(e) has a height of at least 165 cm, for female candidates of at least 160 cm;
(f) has the mental and physical capacity established by the official physician.
The special condition laid down in point (b) shall not apply to female candidates.
(2) The Ministry of Justice, in Slovakia entrusted with justice, may, in cases of special concern, authorise a derogation from the special conditions laid down in paragraph 1 (a), (c) and (e) and, in the case of persons who were serving guards in prison institutions on the date of entry into force of this Regulation, (b).
(3) The waiting period is set at one year; must be spent in the JRC and can be counted to increase the service.
(4) The candidate shall be entitled for the waiting period of the service salary of the 3rd salary scale and the service title "Assistant Petty Officer of the Prison Guard."
(5) On entering the service, the candidate shall take an oath as amended by Section 23.
(6) If it is found that the candidate is not fit for service or does not comply with the conditions prescribed for a permanent provision, the service shall be cancelled. In such a case, the candidate shall be admitted to the expectation of otherwise impeccable behaviour available at the rate of one month's salary.
(7) A candidate in active employment must not marry without the prior permission of the Ministry of Justice in Slovakia by the delegation of justice.
§ 18.
(1) The provisions of this Regulation on the gauges of the JRC shall apply, unless otherwise specified, to the candidates.
(2) The provisions on the exclusion and deferral of the increase in service applicable to civil servants (Section 16 of the Law on Payment) apply mutatis mutandis to the provisions of the Waiver of the JRC.
The provisions of the Waiver of the Gaylord of the JRC.
§ 19.
The guard of the JRC shall be determined by the candidate who:
(a) have completed the prescribed waiting period (§ 17 (3));
(b) satisfies the conditions of Paragraph 17 (1) (f);
(c) have undergone vocational training and successfully passed the examination of the Staff Regulations.
§ 20.
Where it is further apparent that the Gagiist of the JRC has excluded the hire of a post by submitting invalid documents or omission of circumstances which, in accordance with the rules in force, exclude the appointment in the Office, he shall be dealt with without prejudice to the prosecution by the disciplinary authority.
§ 21.
Start of service.
(1) The service relationship shall begin on the date of service of the establishment decree, but it would expressly specify another day.
(2) The service is to be started on the day indicated in the decree and, if the day is not stated, within 14 days of delivery of the decree.
§ 22.
The beginning of business hours.
The period of service of the Gagiist of the JRC shall begin at the first or again of the date of entry into service, in the event of immediate transfer from another State service, on the date of discharge of the service in that service.
§ 23.
A service oath.
(1) On the first or second provision, the Gagiist of the JRC shall, when he commences the service, take the following oath before the Office:
"I swear and promise in my honour and conscience that I will always be faithful to the Czechoslovak Republic, and that I will obey all the laws and perform all my official duties under the applicable laws and regulations, and I will not divulge the official secrets, I will obey the orders of my leaders, and in all my actions only to the benefit of the state and the interest of the service."
(2) This duty oath shall be carried out in such a way that the sworn person, regardless of what religion he is, repeats the text read to him by the oath and then hands over to him who takes the oath.
(3) After the oral oath has been carried out, he shall sign an oath note bearing a date. The enforcement of the oath, specifying the date, shall be officially certified on the establishment decree.
(4) The Gentiles of the JRC, who have already carried out the prescribed duty oath, do not take the oath of waiting.
§ 24.
Personal statement.
(1) A personal statement shall be kept by the Head of Staff of each Gamekeeper of the JRC, in which all personal data relevant to the staffing and salary ratios of the Gamekeeper at all and to increase the service and service costs, in particular.
(2) The JRC is obliged to report these dates immediately after the service has been started and to notify any changes if they do not consist of official measures.
§ 25.
Qualification.
The Gasists of the JRC are normally qualified. The provisions of the Decree of 13 December 1927 of 13 December 1927, No 174 Coll., on the qualification of state administrators, apply mutatis mutandis.
Service duties.
§ 26.
General duties.
(1) The Gasists of the JRC are bound to always be faithful to the Czechoslovak Republic and its governments obey and uphold all laws. They are to devote themselves fully to the service and to fulfil their duties zealously, conscientiously, impartially and selflessly, always remember the defence of public interests and to avoid everything and, according to their forces, prevent what might be harmful to public interests or interfere with the proper functioning of the service.
(2) The Gasists of the JRC are liable for the property entrusted to them and for any damage caused to them by the State.
§ 27.
Testimony and obedience.
(1) The Gatists of the JRC are to strictly maintain discipline and obedience to the leaders. They are obliged to obey the service orders of their leaders and to take account of the interests of the service to the best of knowledge and conscience.
(2) If a Gentile of the JRC thought that the command given to him was a misunderstanding, he would declare it in disintegration. However, if the order has been given again or if it has not been withdrawn or amended before the time for its execution, it must be executed precisely. Decomposition can only be given if the postponement that would result from it would not thwart the purpose of the order. If the order has not been revoked or amended, it is possible to turn away from it only if there are events which force it to resort, but which must be reported immediately to the superior.
§ 28.
Official secrecy.
The JRC guards are required to maintain the strictest confidentiality of service matters against any person who is not obliged to report them on an official basis unless they have been exempted from this obligation in a particular case. The obligation of confidentiality concerning these matters shall continue to apply either in retirement or following termination of service.
Behavior.
§ 29.
(1) The Gatists of the JRC must avoid, both in service and off-duty, anything that might harm their seriousness and credibility and that could harm the honour and reputation of the College. In and out of the service, they are to be kept in a decent manner and in accordance with the requirements of discipline. Also, retired GSC guards are obliged to behave themselves and to ensure that their behaviour does not suffer the good reputation of the congregation.
(2) The Gasists of the JRC are obliged to treat the leaders with respect and to ensure appropriate decency in contact with the species and subordinates. The performances shall be treated with their subordinates in a fair and fair manner and with due regard for the appropriate subordinate status.
(3) The JRC's guards are to act impartially and fairly, carefully and accurately in the service, to comply closely with the regulations on the exercise of custody, to proceed resolutely and violently in the dangers posed by the service and to ensure effective support for the service activities of its species.
(4) The JRC is meant to treat prisoners seriously and firmly. Prisoners must not be mistreated or brought into illegal contact. Detailed provisions on the handling of prisoners shall be laid down by specific provisions of the Ministry of Justice, issued in respect of Slovakia after the statement of the delegation of justice.
§ 30.
(1) It is strictly prohibited for JRC Gasists to receive gifts, services or services offered directly or indirectly by suppliers, traders or other persons in relation to the performance of their duties, or to enter into contact with prisoners or their members, or to associate unduly with released prisoners.
(2) The Gatists of the JRC must also ensure that members of their families are kept strictly away from the contacts referred to in paragraph 1.
§ 31.
Duration of service.
(1) The duration of the service is governed by service needs. Sunday peace can be maintained if this is compatible with the necessary requirements of the service. If the gayist of the SVS had all day, i.e. at least eight hours of Sunday service, he shall be entitled to the free day of the week thereafter. Compensation for night duty shall be granted on the second day of leave; exceptionally, this leave may be translated into another day.
(2) The Gasists of the JRC must also, where necessary, perform tasks other than those normally ordered.
(3) The members of the JRC may not be removed from the service and on-call duty without the permission of the Commander of the Division. The commander of the section may, in exceptional circumstances, impose restrictions on the distance from the post and on leave. It may also set a certain hour for the JRC, who live in a prison institution, to return home.
§ 32.
Service procedure.
(1) The JRC guards are required to submit all requests, decompositions and complaints in service or personal matters relating to the service. When examining a prison institution carried out by a ministerial inspector, his deputy or agent of the Ministry of Justice, in Slovakia, by an agent in charge of justice, they have the right to lecture requests and complaints directly to the person in charge of the inspection, but this does not apply to complaints which have to be lodged as appeals within a certain period of time to a particular office.
(2) Complaints made to the Staff Regulations issued to the Senior Staff shall not have suspensory effect.
§ 33.
Stay.
The guasets have their own apartment so that they can receive all their duties exactly. Both the residence and its change are reported to the service office without delay.
§ 34.
Justified absence of service.
(1) If the Gentile of the JRC is prevented from being ill or for other justifiable reasons, he shall immediately notify the Office and certify the reason for his absence; the official order must be examined by the official doctor.
(2) A justified absence of service, in particular an absence caused by illness or justified by health police regulations, does not result in any harm to pay or restriction on the increase of the service.
(3) In the absence of an arbitrator of the JRC arbitrarily joining the service for more than three days and showing sufficient grounds of apology, the service income shall cease during the period of unjustified absence, without prejudice to disciplinary or disciplinary liability. The period of unjustified absence of service shall not be taken into account for the increase of the service.
(4) A JRC guard who is away from the service is obliged to notify the Office of any change in his place of residence.
§ 35.
Marriage.
If the Gayist of the JRC is to marry, he is to announce this within 15 days to the Office and, if retired, to the Office, which shows him the resting wages.
§ 36.
Service titles.
(1) To the JRC guard established in the service post systemised in the III scale, the title "concierge of the prison guard," "concierge of the prison guard of the 2nd class," after the "officer of the prison guard of the first class," shall belong to the service post systemised in the II scale of the service title "Staff officer of the prison guard," and to the service post systemised in the I scale of the service title "senior guard of the prison guard."
(2) The Gayist of the JRC is obliged to use his service title.
§ 37.
Salary ratios.
(1) The provisions on the amount of the service salary of Gentiles of the JRC apply mutatis mutandis to the amount of the service salary of gentile gentiles outside the service classes.
(2) It is for the JRC's guards, in addition to the amount of the allowance payable to gentiles outside the service classes. This allowance is payable at the same time as the servant and is not included in the pension base.
(3) The provisions of § 131, § 135, paragraph 1, § 138, paragraphs 1 to 4, § 139 to 142, 146, 147, § 148, paragraphs 1 and 4, § 149 to 151 of the Law on Payment shall apply mutatis mutandis.
(4) The service shall be increased by a process to higher degrees. The increase in the service fee in the I. salary scale occurs when the JRC gavel has reached the deductible service period prescribed for the relevant grade of service (§ 39 (2)), in the other scales, once the JRC gavel has completed three years of deductible service period with the service immediately preceding that of the same scale.
(5) The increase in the service shall be made ex officio.
(6) Paragraph 16 of the Salary Act applies mutatis mutandis to the exclusion and deferral of the increase in service.
§ 38.
Graduate promotion of the JRC.
(1) The promotion of the Gentile of the JRC
(a) by lending a higher rank on the same salary scale (III); The master of the prison guard may be appointed as the officer of the prison guard of the 2nd grade after at least two years of satisfactory service in that rank and the officer of the prison guard of the 1st grade after another three years of satisfactory service,
(b) by lending a post systemised in a higher salary scale.
(2) The post in the 2nd scale may be given to the Gentile of the JRC, who is at least well qualified and has passed with success the test prescribed for the position on that scale, the post in the 1st scale the Gentile of the JRC in the 2nd scale after at least 18 years of service actually spent in the JRC, which has excellent or very good qualifications and which has successfully passed the test prescribed for the position on that scale.
(3) Only the Gasista of the JRC, as set out in the II. scale, may be subjected to the test prescribed for reaching the position on the first scale.
(4) The scope, manner and other conditions of the examinations referred to in paragraph 2 are laid down by the Ministry of Justice as regards Slovakia after the statement of the delegation of justice.
(5) Paragraph 17 (2) of the Pay Act applies mutatis mutandis.
§ 39.
(1) Paragraph 17, paragraphs 4 and 5 of the Staff Regulations apply mutatis mutandis to the hire of a post systemised in the second scale.
(2) The level of service of that scale shall be determined in accordance with the allowance for service hours as follows:
Při započitatelné služební doběpřísluší služné stupně
do konce 12. roku 1
od počátku 13. roku „ „ 15. „2
„ „ 16. „„ „ 18. „3
„ „ 19. „„ „ 21. „4
„ „ 22. „„ „ 24. „5
„ „ 25. „„ „ 27. „6
„ „ 28. „„ „ 30. „7
„ „ 31. „„ „ 33. „8
„ „ 34. „...........................9
§ 40.
Translate.
The Gasists of the JRC may be transferred from official authority to other official offices.

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Regulation Information

CitationGovernment Decree No. 3 / 1947 Coll., regulating certain issues of organisation and service and pay ratios of the Uniformed Prison Guard Corps
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation21.01.1947
Effective from21.01.1947
Effective until-
Status Valid
The regulation text is for informational purposes only.
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