Act of the Czech National Council No. 321 / 1992 Coll.
Act of the Czech National Council amending and supplementing the Act of the Czech National Council No. 425 / 1990 Coll., on the District Offices, the modification of their responsibilities and on certain other measures related thereto, as amended by the Act of the Czech National Council No. 266 / 1991 Coll. and the Act of the Czech National Council No. 542 / 1991 Coll.
Valid
Effective from 01.07.1992
321
THE LAW
Czech National Council
of 6 May 1992
amending and supplementing the Act of the Czech National Council No. 425 / 1990 Coll., on the District Offices, the modification of their scope and certain other measures related thereto, as amended by the Act of the Czech National Council No. 266 / 1991 Coll. and the Act of the Czech National Council No. 542 / 1991 Coll.
The Czech National Council decided on this law:
The Act of the Czech National Council No. 425 / 1990 Coll., on District Offices, the modification of their scope and on certain other measures related thereto, as amended by the Act of the Czech National Council No. 266 / 1991 Coll. and the Act of the Czech National Council No. 542 / 1991 Coll., is amended as follows:
1.
Regional authorities are established in the counties. In the districts of Brno-town, Ostrava-town and Plzeň-town the district authorities do not establish .1). "
2. Article 3 (6) reads as follows:
"(6) The district office may impose a fine of up to 100 000 CZK on a legal person for infringement of obligations laid down by a generally binding decree issued by the district office. The fine may be imposed within one year of the date on which the general binding decree was infringed. '
3. In Section 4, the words "citizens, organisations' are replaced by the words" natural and legal persons'.
4.
Regional authorities
(1) District Office
(a) conduct public administration in matters governed by specific laws;
(b) perform a public administration which, on 23 November 1990, was responsible for the special regulations of the District National Committees, unless it has been delegated to the entrusted municipal authority (2), or is hereby repealed or transferred to other bodies by this Act, 2a)
(c) perform public administration in matters listed in Annex I to this Act, unless it has been transferred to other authorities;
(d) examine the management of the municipality in accordance with a special regulation, 2b) if requested by the municipality;
(e) review the decisions of the authorities of the municipality given in administrative proceedings, (3) save where the special law provides otherwise, 2a)
(f) checks the activities of the entrusted municipal authorities and the authorities of the municipalities on the section of their transmission4) and provides them with professional assistance, imposing measures on the municipal authorities to address deficiencies identified in the inspection;
(g) determine the amount of compensation to be incurred by municipalities for the exercise of the delegation;
(h) carry out the tasks associated with state mobilization preparations and civil defence tasks;
(i) establish the entrusted municipal authority (m2), with the agreement of the Ministry of Interior of the Czech Republic (hereinafter referred to as "Ministry of Interior"), in such a way that each municipality in the district is incorporated into the territorial district of a entrusted municipal office.
(2) In addition, the District Office carries out emergency response tasks in the event of natural disasters, accidents or other hazards which threaten life, health or significant property values. To this end, the head of the District Office may declare a general binding decree for the territory of the district or part of the state of danger. In order to protect life, health or significant property values, in the event of natural disasters, accidents or any other danger, the Head of the District Office may impose measures on natural and legal persons and local authorities. It shall be for those who have fulfilled the obligation to pay the costs effectively incurred or, where appropriate, the damage for which the State is responsible; that responsibility cannot be waived. Compensation for costs and, where applicable, damage may be applied to the District Office within six months of their creation.
(3) For failure to fulfil an obligation imposed pursuant to paragraph 2, the district office may impose a fine on a natural person up to a maximum of 10 000 CZK, a legal person up to a maximum of 100 000 CZK.
(4) In the districts of Brno-town, Ostrava-town and Pilsen-town, the district authorities of the municipalities of these cities, with the exception of the jurisdiction under § 5 (1) and (2) of the Act of the Czech National Council No. 172 / 1991 Coll., on the transfer of certain items from the property of the Czech Republic to the property of the municipalities, which is carried out by the Ministry of Finance of the Czech Republic for the city of Brno, Ostrava and Pilsen. "
5. Paragraph 6, including the new text of footnote 5, reads:
Regional authorities may, with the agreement of the District Assembly and the Ministry of Interior, enter regional groupings with foreign partners. The regional authorities cannot enter interest associations of legal persons. 5)
5) § 19a paragraph 1 and § 20f et seq. of Civil Code No. 40 / 1964 Coll., as amended (complete version No. 47 / 1992 Coll.). '
6.
(1) The head of the District Office is his presenter, who is appointed and recalled by the Government on a proposal from the Minister of Interior of the Czech Republic ("Minister of Interior ').
(2) The Minister for the Interior is submitting a proposal for the appointment of the head of the District Office (hereinafter referred to as "the floor") after the selection procedure. The selection procedure is announced by the Minister for the Interior; its rules are laid down by the Ministry of the Interior in general by binding legislation.
(3) The salary and remuneration of the priority shall be determined by the Minister of the Interior in accordance with the special rules.
(4) A representative designated by him shall represent the priority in his absence.
(5) The Chief Executive shall be superior to all the staff of the District Office and shall act as Head of Organisation in accordance with specific rules in relation to that Office. '.
7. The following Section 8a is inserted after Section 8:
(1) The priority function is incompatible with that of the legislature, with that of the representative of the local authority, with another function in the administration and with those of political parties or movements.
(2) The notary may no longer pursue any other gainful activity except the management of his own assets; the occasional gainful activity of a scientific, educational, literary, publicist and artistic nature may be carried out provided that it is not a business activity and that such activity does not reduce its seriousness or threaten confidence in the independence and impartiality of the district office.
(3) The Government will always withdraw the priority from office:
(a) where he has been convicted of an intentional offence by a final decision;
(b) if the incompatibility referred to in paragraphs 1 and 2 is established,
(c) if he has been deprived of or restricted to legal capacity. "
8. Article 9 (1) and (2) read:
"(1) The County Office is divided into reports. The Board of Directors shall determine the organisation of the District Office, establish and abolish individual reports with the agreement of the Ministry of Interior. A presenter may establish a priority office as a separate service.
(2) The lead of the report and the priority office is the manager who is appointed and dismissed by the presenter. "
9. Paragraph 9 (2) becomes paragraph 3. Notes 6 and 7 are amended as follows:
"6) § 5b (2) of Act No. 33 / 1965 Coll., on the reimbursement of the costs of emerging States from accidents, occupational diseases and other damage to health (on regression refunds), as amended by the Act of the Czech National Council No. 266 / 1991 Coll.
7) Paragraph 5 (1) of the Act of the Czech National Council No. 114 / 1988 Coll., on the competence of the authorities of the Czech Socialist Republic in social security, as amended (complete version No. 288 / 1991 Coll.). "
10.
A general binding order from the District Office is signed by its presenter. It also signs other decisions and measures of the District Office; it may delegate to the head of the relevant report and, where appropriate, to another worker to sign them. ';
11.
The District Office shall draw up its budget, manage it and draw up the final account in accordance with specific rules. 7a)
7a) Act of the Czech National Council No. 576 / 1990 Coll., on Rules of Management of the Budget Funds of the Czech Republic and the Municipality of the Czech Republic (Budget Rules of the Republic), as amended. Act No. 563 / 1991 Coll., on Accounting. '.
12.
(1) If a general binding order of the District Office is contrary to the law, the Ministry of the Interior shall repeal it. The decision to revoke such an order shall be published by the district office on the official record of the Office for at least 15 days. In addition, it shall ensure the publication of this Decision on the official record of the municipal authorities operating in the district district district.
(2) Other measures of the district authorities, if contrary to the law, other generally binding legislation, government resolutions or directives of central government authorities, shall be repealed by the central competent authority of the state. '
13.
The Government shall direct and control the activities of the District Authorities and unify the activities of the Central Authorities of the Republic in relation to the District Authorities. '
14.
Ministry of the Interior to secure government tasks in relation to the district authorities:
(a) coordinate the issuing of directives by central government bodies concerning district and municipal authorities;
(b) monitor compliance with government measures in the activities of district authorities and the provision of professional assistance by district authorities to municipal authorities;
(c) organise surveys, evaluate their results and submit proposals to the Government for the necessary measures, in cooperation with the relevant central authorities of the county authorities;
(d) methodically guide the information system of the district authorities;
(e) organise meetings of the county authorities' heads;
(f) provides training for county and municipal staff in the public administration section. "
15. in Article 16 (2):
"(2) On the basis of approved subsidies from the state budget to the budgets of the county authorities and municipalities, the Ministry of the Interior shall determine the number of staff, the amount of the personal and material expenses associated with the performance of the state administration for each district and the sum of the contributions to the personal and material expenses associated with the performance of the state administration for municipalities in each district. '
16. In Article 17, the existing text becomes paragraph 1 and points (d) and (e) are read as follows:
"(d) check the performance of the state administration by the district authorities on the entrusted section;
(e) cooperate with the Ministry of the Interior in the performance of its tasks under Section 15. ';
17. In Article 17, the following paragraph 2 is added:
"(2) In the exercise of State administration, the district authorities shall be subordinate to the competent central authority of the state administration. '
18. After Paragraph 18, a new "Part Six 'and the heading" District Assembly' are inserted.
19. In Part Six, the following Sections 18a, 18b and 18c are inserted:
(1) Within 60 days of the elections to councils in the municipalities, the district assembly ("the assembly ') shall be elected in the district district district district district district. The number of members of the assembly shall be determined by the district office within 10 days of the election, taking into account the number of municipalities and the population of the district, so that the assembly has at least 40 members, but not more than 70 members.
(2) Members of the Assembly shall be elected by secret ballot by the municipal council. The number of members of the assembly elected in each municipality shall be determined by the district office on the basis of a guide number.
(3) The indicative number shall be determined by dividing the total population of the district by the total number of members of the assembly. It is crucial to determine the population as of 1 January in the year in which the elections to councils in municipalities take place.
(4) For each municipality, the District Office shall determine as many assembly members as the indicative number is included in the population of the municipality. Municipality with a population below the guide number shall elect a joint member of the Assembly. The District Office shall determine which municipalities shall elect one joint member of the Assembly.
(5) If, in the course of the procedure referred to in the preceding paragraphs, the total number of members of the assembly determined by the district office would be lower than the total number of members of the assembly, the number of members of the assembly in the municipalities with the highest population distribution balances shall be increased by a guide number for the next member of the assembly.
(1) Assembly
(a) approve, on a proposal, the prioritisation of the allocation of subsidies to the municipal budget; However, it may not alter the amount of compensation for the costs incurred by municipalities in the context of the exercise of the delegation provided for in the special law of the District Office,
(b) approve and control the budget of the District Office and approve its final account; However, the assembly cannot change the volume of funds provided by the Ministry of Interior for the performance of the State administration by the District Office (§ 16 (2)),
(c) carry out the tasks laid down in specific laws. 7b)
(2) The Assembly may give priority to amending the budget of the District Office. Without such authorisation, the Board may implement budgetary measures. (c)
(1) The Assembly shall normally meet four times a year. His meeting is being prepared and convened by a presenter. The Chair shall convene the Assembly within 14 days if at least one fifth of the members of the Assembly so request in writing.
(2) The meetings of the Assembly shall be managed by the President elected for the Assembly. It may also be attended by persons invited by the presenter.
(3) The Assembly may, within the limits of its powers set out in Paragraph 18b, impose tasks on the priority.
(4) If the resolution contradicts the law, other generally binding legislation or government resolutions, the presiding officer shall suspend its execution and submit it to the Government within 14 days. The Government shall decide on the suspended resolution of the Assembly no later than 30 days after the date of receipt of the decision by the priority to suspend the resolution to the Ministry of Interior.
7b) E.g. § 22 paragraph 5 and § 23 paragraph 4 of the Czech National Council Act No. 551 / 1991 Coll., on General Health Insurance Company of the Czech Republic.
7c) § 13 of the Act of the Czech National Council No. 576 / 1990 Coll. § 36 of the Order of the Ministry of Finance of the Czech Republic No. 205 / 1991 Coll. "
20. Part six and part seven shall be renumbered as part seven and part eight.
21. in Article 19, the words "until 31 December 1992" shall be replaced by the words "before 31 December 1994"; In point (b), part of the sentence after the semicolon is deleted.
22. § 22 to 26 are released.
23. In Paragraph 28, point 1 is deleted.
24. Article 33 (1) reads as follows:
"(1) General rules on administrative management3) do not apply to decisions pursuant to the provisions of § 5 (1) (g) and (i) and § 2, § 13 and § 16 (2) of this Act."
25. In Annex I to the Act, entries 10 and 11 are deleted.
(1) The property of the cities Brno, Ostrava and Plzeň is transferred to the date of application of this law by the property of the Czech Republic, to which the right to operate the district offices of Brno-town, Ostrava-town and Plzeň-town was attached to that date. This is not the case if the cases on which the Regional National Committees had the right to operate at the date of their abolition and the cases referred to in § 4 (1) of the Czech National Council Act No. 172 / 1991 Coll., are covered by the law on the management of the District Authorities of Brno, Opava and Plzeň-North since the date of its effectiveness.
(2) The rights and obligations which the district authorities for Brno, Ostrava and Plzeň have had on the date of application of this Act are transferred to these cities, unless otherwise provided for in the special law. The rights and obligations of the labour relations of the workers of these district offices are transferred to these cities.
The Act of the Czech National Council No. 576 / 1990 Coll., on the Rules of Management of the Budget Funds of the Czech Republic and of the Municipality of the Czech Republic (Budget Rules of the Republic), as amended, is amended as follows:
In Articles 28 (3) and 29 (4), the words "or the town council, as the case may be, shall be deleted. ', including footnote 14.
The Bureau of the Czech National Council is hereby authorised to publish in the Collection of Laws the full text of the Act of the Czech National Council No. 425 / 1990 Coll., on the District Offices, on the modification of their responsibilities and on some other measures related thereto, as is apparent from the later laws.
This Act shall take effect on 1 July 1992.
Burešová v. r.
Pithart v. r.
1) Sections 6, 9 and 10 of Act No. 36 / 1960 Coll., on the Territorial Classification of the State.
1a) § 2 (2) of Act No. 513 / 1991 Coll., Commercial Code.
2) Article 60 of the Act of the Czech National Council No. 367 / 1990 Coll., on Municipality (municipal establishment), as amended.
2a) For example the Act of the Czech National Council No. 564 / 1990 Coll., on state administration and self-government in education.
2b) § 20 paragraph 3 of the Czech National Council Act No. 367 / 1990 Coll., as amended.
3) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
4) § 21 paragraph 1 of the Czech National Council Act No. 367 / 1990 Coll.
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Regulation Information
| Citation | Act of the Czech National Council No. 321 / 1992 Coll., amending and supplementing the Act of the Czech National Council No. 425 / 1990 Coll., on the District Offices, the modification of their responsibilities and on certain other measures related thereto, as amended by the Act of the Czech National Council No. 266 / 1991 Coll. and the Act of the Czech National Council No. 542 / 1991 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.06.1992 |
|---|---|
| Effective from | 01.07.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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