Act of the Czech National Council No. 302 / 1992 Coll.
Act of the Czech National Council amending and supplementing Act of the Czech National Council No. 367 / 1990 Coll., on municipalities (municipal establishment), as amended by Act of the Czech National Council No. 439 / 1991 Coll., Act of the Czech National Council No. 485 / 1991 Coll. and Act of the Czech National Council No. 553 / 1991 Coll.
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Effective from 01.07.1992
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302
THE LAW
Czech National Council
of 6 May 1992
amending and supplementing the Act of the Czech National Council No. 367 / 1990 Coll., on municipalities (municipal establishment), as amended by the Act of the Czech National Council No. 439 / 1991 Coll., the Act of the Czech National Council No. 485 / 1991 Coll. and the Act of the Czech National Council No. 553 / 1991 Coll.
The Czech National Council decided on this law:
Act of the Czech National Council No. 367 / 1990 Coll., on municipalities (municipal establishment), as amended by Act of the Czech National Council No. 439 / 1991 Coll., Act of the Czech National Council No. 485 / 1991 Coll. and Act of the Czech National Council No. 553 / 1991 Coll., is amended as follows:
1. In Article 1, the current text becomes paragraph 1 and the following paragraphs 2 and 3 are added:
"(2) The territory of the municipality shall consist of one cadastral territory or a set of cadastral territories where the municipality is divided into parts having its own cadastral territory.
(3) The municipality may be divided into parts. Parts of municipalities have separate house numbering. ';
2. the following paragraph 3 is added:
"(3) The city ceases to be a municipality if the Bureau of the Czech National Council so decides, either on a proposal from the Government or on a proposal from the Government."
3.
(1) Statutory cities are cities: České Budějovice, Plzeň, Karlovy Vary, Ústí nad Labem, Liberec, Hradec Kralove, Pardubice, Brno, Zlín, Olomouc, Ostrava, Opava and Havířov.
(2) Statutory cities shall have the right to organise their internal governance arrangements by a generally binding decree, with the possibility that the territory of the Statutory City may be divided into urban districts or urban areas or, where appropriate, into parts of the City's territory, urban districts or urban areas (hereinafter referred to as the "territorial subdivided statutory city ').'.
4. in Article 7 (2), point (b) is deleted and point (c) is renumbered as point (b).
5. In Section 9, the words "citizens, state bodies and organisations' are replaced by the words" natural and legal persons'.
6. Paragraph 10, including footnote 3a, reads as follows:
(1) Two or more neighbouring municipalities may merge under the Agreement. The territory of the municipality after the merger consists of the territory of the merged municipalities.
(2) The merger of municipalities will be discussed with the District Office before the agreement is concluded. The name of the newly created village will be discussed in advance with the Ministry of Interior of the Czech Republic (hereinafter referred to as the "Ministry of Interior"). If the merged municipalities belong to several counties, the merger with the government will be discussed before the agreement is concluded. At the same time, the government will decide which district the merged municipality will belong to.
(3) An agreement on the merger of municipalities may be concluded on the basis of a decision of the Municipal Council, unless, within 30 days of the publication of this Decision, a proposal for a local referendum on the matter is submitted. 3a) If such a proposal is made, a decision of the local referendum held in the municipality in which the application for the merger of municipalities is made must be agreed in order to conclude the agreement.
(4) The merger agreement must include:
(a) the date on which the municipalities are merged;
(b) for the merging municipalities, the identification of their assets, funds, other rights and obligations, organisations and establishments of the municipality;
(c) where a new municipality, its name and registered office are established,
(d) the identification of generally binding decrees issued by the merged municipalities and remaining in force after the merging municipalities.
(5) The rights and obligations of the acquired municipality are transferred either to a newly created municipality or to a municipality which does not cease to exist when the municipality is merged, on the date on which the municipalities are merged.
3a) Act of the Czech National Council No. 298 / 1992 Coll., on elections to councils in municipalities and on local referendum. "
7. The following Section 10a is inserted after Section 10:
(1) A new urban district or a new urban part in a city of statehood may be established on the basis of a decision of the City Council, provided that, within 30 days of the publication of this Decision, no application for a local referendum on the matter is made. Where such a proposal is made, a new urban district or a new urban part may be established on the basis of a decision of the local referendum held in the territory in which the establishment of a new urban district or a new urban part is proposed.
(2) The decision to establish a new urban district or a new urban area must include its name and the settlement of rights and obligations. "
8. Paragraph 11, including footnote 3b, reads as follows:
(1) The municipality may be divided into two or more municipalities. The division of the municipality is approved by the Ministry of the Interior on a proposal from the municipality. The proposal shall be submitted by the municipality on the basis of the results of a local referendum held in that part of the municipality which wishes to be separated. If the municipality does not submit a proposal within 30 days of the publication of the results of the local referendum, the district office shall do so.
(2) The proposal for the division of the municipality must include the names of the emerging municipalities, whether the division of the municipality ceases, the definition of the territory of the emerging municipalities, including the relevant map materials, the distribution of assets, including funds, other rights and obligations, the organisation and facilities of the municipality. The application shall be submitted by the municipality through the district office.
(3) The decision on the division of the municipality must include the elements set out in paragraph 2 for the application for division of the municipality.
(4) Within three months of the inaugural meeting of the municipal council of the newly created municipality, the existing municipality shall transfer to the newly created municipality the assets which belong to it according to a proposal approved by the Ministry of Interior. The transfer of the property shall be subject to written registration. Such assets, including financial claims and liabilities, shall be managed by the municipality concerned, which, however, cannot decide on its transfer, nor may it conclude a contract establishing a lien and a lease contract (3b) on such assets. In the newly created village there are generally binding regulations that were in force on its territory prior to its creation.
3b) § 151a et seq., § 663 et seq. of Civil Code No. 40 / 1964 Coll., as amended (complete version No. 47 / 1992 Coll.). '
9. In Paragraph 12, the following sentence is added at the end: "The proposal for the division of the municipality must be submitted to the Ministry of the Interior no later than 30 September of the calendar year. '
10. Paragraph 14, including Notes 3c to 3f, reads as follows:
(1) The municipality's separate competence is, in particular:
(a) the approval of the urban district development programme and the carrying out of checks on its implementation;
(b) the management of the municipality's property;
(c) the provision and acceptance of gifts;
(d) drawing up the budget of the municipality, its management and accounting for the management of the municipality for the previous calendar year, 3c)
(e) setting up permanent or temporary funds, 3c)
(f) the establishment and establishment of legal persons and equipment and, where appropriate, their interference;
(g) decision on the participation of municipalities in companies and foundations, 3f)
(h) determining the types of local charges and their rates under a special law, 3d)
(i) the issue of generally binding decrees in matters falling within the separate scope;
(j) deciding on the announcement of a local referendum and the implementation of its results;
(k) the conclusion of agreements to change the boundaries of the municipality, 3e)
(l) the choice, establishment and establishment of the authorities of the municipality;
(m) decision-making on the membership of the municipality in a voluntary association of municipalities (§ 20a) and in associations of municipalities with an international element (§ 20e);
(n) tasks in the fields of education, social care, health and culture, with the exception of the exercise of public administration;
(o) local matters of public policy and the establishment of municipal (urban) police, with the exception of decisions on infringements;
(p) the administration, maintenance and operation of facilities to meet the needs of citizens, if they are the property of the municipality;
(r) the purity of the municipality, the removal of domestic waste and their safe disposal, water supply, drainage and treatment of waste water;
(s) the imposition of penalties under this law;
(t) the granting of the honorary citizenship of the municipality;
(u) the award of municipal prices.
(2) In addition, within its territorial area, the municipality provides economic, social and cultural development, protection and the creation of a healthy environment, with the exception of those activities which are entrusted by specific laws to other authorities as the exercise of public administration.
3c) Act of the Czech National Council No. 576 / 1990 Coll., on the rules of management of the budgetary resources of the Czech Republic and of the municipalities in the Czech Republic (the budgetary rules of the Czech National Council No. 579 / 1991 Coll.
3d) Act of the Czech National Council No. 565 / 1990 Coll., on Local Charges, as amended by the Act of the Czech National Council No. 184 / 1991 Coll.
3e) § 16 paragraph 1 of Act No. 36 / 1960 Coll., on the Territorial Classification of the State, as amended by the Act of the Czech National Council No. 425 / 1990 Coll.
3f) § 20b et seq. of the Civil Code. '.
11. Paragraph 15 is replaced by the following:
The municipalities in which the state authorities of the Czech Republic or the central authorities of the Czech and Slovak Federal Republic are located shall ensure that they have decent rooms corresponding to their importance. "
12. The second sentence of Paragraph 16 (4) reads: "In exceptional cases where an urgent general interest so requires, a generally binding decree may become valid and effective on the date of its publication."
13. in Article 16 (5), the following sentence is added at the end, including footnote 3g: "A general binding decree which has become effective shall be sent without delay by the municipal authority to the competent district authority. 3g)
3g) Act of the Czech National Council No. 425 / 1990 Coll., on District Offices, the modification of their responsibilities and on certain other measures related thereto, as amended. "
14. Paragraph 17 is deleted.
15. In Paragraph 19, paragraphs 2 and 3 are deleted and paragraph numbering is deleted.
16. The first sentence of Paragraph 20 (2) reads: "The draft budget and the accounts for the previous calendar year must be published in an appropriate manner at least 15 days before the meeting in the municipal council so that the citizens of the municipality can comment on it."
17. Article 20 shall be added to the following paragraph 3:
"(3) The municipality shall have the municipality examined by the competent district office or the municipality's management auditor for the previous calendar year and shall submit the result of the review to the municipality, together with the accounts for the previous calendar year. ';
18. The following Section 2 is inserted after Section 1 of Title 2, including Notes 3h to 3j:
Voluntary volumes of municipalities and other groups of municipalities
Voluntary bundles of municipalities
(1) Municipality may create voluntary volumes of municipalities ("volumes"). The status of the volumes, their formation and demise are governed by a special law. 3h)
(2) Only the powers of the municipality referred to in § 14 (1) (n), (p) and (r) may be the subject of the activity of the volume. The Union may set up legal persons to perform the tasks for which it has been created.
(3) The municipality may only transfer its assets, including funds, to the extent that it serves to carry out the activities it has transferred to the volume.
(4) The municipalities cannot form associations according to the rules on the association of citizens. 3i)
(1) The Union shall draw up its budget and manage it. The budget shall be drawn up for the calendar year concerned and shall be drawn up within three months of the end of the calendar year to account for the results of its management.
(2) The Union shall keep accounts of the state and movement of property, of its revenue and expenditure and of the financial relations with the budget of the municipalities which have created it.
(3) The draft budget and the accounts for the previous calendar year must be published in an appropriate manner at least 30 days before the meeting of the institution of the union, so that the citizens of the municipalities which created the union can comment on it. Comments on the draft budget and on the accounts for the previous year may be made by citizens in writing within a specified time limit or orally at the meeting of the institution of the union.
(4) The volume shall be examined by the competent district office or the auditor of the management of the volume for the previous calendar year and the result of the review shall be presented at the meeting of the institution of the volume together with the accounts for the previous calendar year.
Citizens of municipalities who have formed a union if they have reached the age of 18 are entitled to:
(a) attend meetings of the institution of the union and consult the minutes of its deliberations;
(b) submit written proposals to the institution in writing.
If the measure contravenes the law of the Union or its institution, the Government shall suspend its enforcement. If the volume or its body fails to remedy, the Government shall refer the matter to the Czech National Council within 30 days of the suspension.
Other groups of municipalities
Municipality and bundles may also cooperate with municipalities of other States and be members of international associations of local authorities. Municipality and bundles may be members of legal entities with an international element. 3j)
3h) § 20f et seq. Civil Code.
3i) Act No. 83 / 1990 Coll., on the association of citizens, as amended.
3j) Act No. 116 / 1985 Coll., on the conditions of activity of organizations with an international element in the Czechoslovak Socialist Republic, as amended by § 29 of Act No. 157 / 1989 Coll. '
19. Section 2 of the second Title shall be renumbered third; the third section shall be renumbered the fourth.
20.
(1) Territorial subdivisions of statutory cities shall adopt a general binding decree providing in particular:
(a) the number of individual urban districts or urban areas and the definition of their territory;
(b) the competence of the City Council, the City Council and its bodies, both in the separate area of responsibility and in the delegated section;
(c) the competence of district or local councils, district councils or local councils and their bodies entrusted by the town council to the urban districts or parts of the city on the separate and delegated area;
(d) interaction between the authorities of the city and the urban districts or urban areas and, in agreement with the Municipality, the relations between the Municipality and the authorities of the urban districts or urban areas;
(e) the property of the city entrusted to urban districts or urban areas and the authorisation of urban districts or urban areas in the management of such property;
(f) the conditions under which the entrusted property of the statutory city may be withdrawn from the urban districts or parts thereof;
(g) the scope of the authorisation of urban districts or urban areas to establish and establish or, where appropriate, disturb legal persons and establishments;
(h) the method of determining the proportion of urban districts or urban areas to the subsidy granted to the city for the reimbursement of costs incurred in carrying out tasks under separate and delegated responsibility;
(i) the way in which draft generally binding decrees are discussed with urban districts or urban parts and the way in which they are published in urban districts or urban areas.
(2) In a generally binding decree referred to in paragraph 1, it may be provided that:
(a) certain areas of competence belonging to a territorial subdivided statutory city under this law shall be carried out by urban districts or urban areas;
(b) a city district or a part of it shall carry out certain tasks of delegation for another district or part of it or, where appropriate, for all or part of it. "
21. in Article 27 (2) (c):
"(c) in the urban district or part of the territorial subdivided territorial town of the district or local council within the scope entrusted to it."
22. in Paragraph 28 (f) read:
"(f) in the districts of the cities referred to in § 3 7 - 70 of the members,"
The following points (g), (h) and (i) are added simultaneously:
| „g) v městských částech do 3000 obyvatel měst uvedených v § 3 | 7 - 15 členů, |
| h) v městských částech nad 3000 do 20 000 obyvatel měst uvedených v § 3 | 15 - 30 členů, |
| i) v městských částech nad 20 000 obyvatel měst uvedených v § 3 | 25 - 50 členů.“. |
23. in Paragraph 32 (2), the second sentence shall be deleted.
24th Paragraph 34 (1) (c) reads as follows:
"(c) require from the staff of the municipal office information on matters relating to the performance of his duties."
25. Paragraph 34 (2) shall be deleted. The numbering of paragraphs shall also be deleted.
26.
(1) The following are reserved for the Municipal Council:
(a) approve a programme for the development of the territorial district of the municipality;
(b) approve the municipal budget and the accounts for the previous calendar year;
(c) conclude agreements to change the boundaries of the municipality, 3e)
(d) decide on the establishment, establishment or termination of legal persons or equipment;
(e) decide on the participation of the municipality in companies and foundations;
(f) approve generally binding regulations in matters of separate competence;
(g) choose from among its members the mayor, deputy mayor and other members of the municipal council (councilor) and remove them from office, determine the number of members of the municipal council as well as the number of long-term vacant members of the council,
(h) determine the amount of remuneration pursuant to Article 32 (1) to the mayor and his representatives in municipalities where the municipal council is not elected;
(i) determine the amount of remuneration pursuant to Paragraph 32 (3) to the members of the municipal council;
(j) determine the amount of the personal and material costs of the activity of the municipal office; the cost of the administration is bound by the opinion of the District Office;
k) establish municipal (urban) police,
(l) to decide on the membership of the municipality in a volume and on the withdrawal from that volume, on the participation of the municipality in international associations of local authorities and on the membership of the municipality in legal persons with an international element;
m) Grant honorary citizenship of the municipality and the prices of the municipality,
(n) approve the territorial planning documentation of the departments and zones.
(2) In the municipalities where the municipal council is elected, the municipal council may, according to local conditions, delegate part of its powers to the municipal council to approve budgetary measures.
(3) It is not for the Municipal Council to decide in the field of the municipality's delegation, except in the case referred to in paragraph 1 (n). "
27. in Article 36a (1) (e), "the association of municipalities referred to in Article 17" is replaced by "the volume (Article 20a (1))."
28. Paragraph 37 is deleted.
29. the second and third sentences of Paragraph 38 (1) read: "The meetings of the municipal council shall be convened by the Mayor and shall normally be managed by the Mayor. The mayor shall convene a meeting of the municipal council within 14 days at the latest if at least one third of the members of the council or of the district council so request. '
30. In Paragraph 38, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) If the mayor does not convene the meetings of the municipal council referred to in paragraph 1, the representative of the mayor or any other member of the municipal council shall do so.
(3) If the municipal council does not meet for more than six months, the Czech National Council may, on a proposal from the district office, dissolve them after the Government has expressed its views. "
Paragraphs 2 and 3 shall be renumbered paragraphs 4 and 5.
31. In the second sentence of Paragraph 39, the word "normally 'shall be inserted after the word" presiding'.
32. § 41 reads:
The members and the municipal council shall be entitled to submit proposals for discussion at the meetings of the municipal council. ';
33. Article 44 (1) reads as follows:
"(1) The municipal council is the executive body of the municipality in the area of separate competence. In exercising its separate powers, the municipal council shall be accountable to the municipal council. It shall not be for the Regional Council to decide in the field of delegation, with the exception of the issuing of generally binding decrees. ';
34. in Article 44 (2) (c):
"(c) in the urban district or part of the territorial subdivided territorial town of the district or local council to the extent entrusted to it."
35. In Paragraph 44, the following paragraph 5 is inserted after paragraph 4:
"(5) If the mayor or deputy mayor is removed from office or resigned from office, he shall also cease to be a member of the municipal council."
Paragraph 5 shall become paragraph 6.
36. Paragraph 45, including footnote 3k, reads as follows:
Regional Council
(a) ensure the management of the municipality according to the approved budget;
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Regulation Information
| Citation | Act of the Czech National Council No. 302 / 1992 Coll., amending and supplementing the Act of the Czech National Council No. 367 / 1990 Coll., on municipalities (municipal establishment), as amended by the Act of the Czech National Council No. 439 / 1991 Coll., the Act of the Czech National Council No. 485 / 1991 Coll. and the Act of the Czech National Council No. 553 / 1991 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.06.1992 |
|---|---|
| Effective from | 01.07.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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