Full text of Act No. 420 / 2005 Coll.
Full text of Act No. 283 / 1992 Coll., on the Academy of Sciences of the Czech Republic, as resulting from subsequent amendments
Valid
Declared full text
Text versions:
18.10.2005
420
PRESIDENT OF THE GOVERNMENT
Announces
the full text of Act No. 283 / 1992 Coll., on the Academy of Sciences of the Czech Republic, as follows from the amendments made by Act No. 220 / 2000 Coll. and Act No. 342 / 2005 Coll.
THE LAW
concerning the Academy of Sciences of the Czech Republic
The Czech National Council decided on this law:
BASIC PROVISIONS
The Academy of Sciences of the Czech Republic ("the Academy ') is hereby established. The seat of the Academy is the capital of Prague.
(1) The Academy carries out research through the Academy's workplaces (hereinafter referred to as "workplaces").
(2) The Academy and its Institute conclude international cooperation agreements in the field of scientific activity and technological development.
(1) The Academy is an organisational component of the Czech Republic; its activity is financed from the state budget of the Czech Republic.
(2) For budgetary purposes, the Academy has the status of a central body of the Czech Republic and establishes, on behalf of the Czech Republic, the Institute as a public research institution. The appropriations for it are budgeted in a separate chapter of the state budget of the Czech Republic.
(3) The Academy is entitled to receive financial gifts, including foreign exchange donations. These financial donations, including foreign exchange, are the income of its reserve fund (1) and as such are its non-budgetary resources.
(4) The Academy supports the Learned Society of the Czech Republic, a civil association that contributes to the free cultivation and development of science in the Czech Republic and represents it against similar foreign scientific institutions.
ACADEMIA AUTHORITIES
The bodies of the Academy are:
(a) the Academic Assembly (hereinafter referred to as the Assembly),
(b) the Academic Council (hereinafter referred to as the Council) and its Bureau (hereinafter referred to as the Bureau);
(c) the President of the Academy (hereinafter referred to as the President),
(d) the Scientific Council of the Academy (the Scientific Council).
The Convention
(1) The Assembly is the highest self-governing body of the Academy.
(2) The Assembly shall comprise:
(a) directors of workplaces;
(b) representatives of universities,
(c) other major domestic and foreign scientists,
(d) elected representatives of the workplaces;
(e) significant representatives of government, industry, business circles and banks;
unless otherwise specified.
(3) The term of office of the Assembly is four years, unless otherwise specified.
(4) The meeting shall meet as necessary but at least twice a year. It shall be convened whenever at least one fifth of its members so request.
(5) The number of members of the Assembly, the way in which they are elected or delegated, the way in which they act and the resolutions of the Assembly shall be regulated by the Statutes of the Academy.
The Convention
(a) adopt the Statutes of the Academy, which take effect after approval by the Government of the Czech Republic;
(b) approve the annual activity report of the Academy;
(c) approve the budget and final account of the Academy as well as the allocation of funds between the Institute;
(d) approve the establishment, merger, integration, division and abolition of workplaces;
(e) it shall act on a proposal for the appointment of the President from the members of the Assembly and its appeal;
(f) elect and remove from office elected by the members of the Council and the members of the Scientific Council;
(g) decide on all other matters reserved for him by the statutes.
Council
(1) The Executive Body of the Academy is the Council.
(2) The Council is composed of the President, Vice-Presidents, Chairman of the Scientific Council and other members elected from members of the Assembly on the basis of proposals from the Institute of the Academy.
(3) The term of office of the Council is four years. A member of the Council may be elected to this post for a maximum of two consecutive periods. Membership of the Council shall be incompatible with the function of Director of the Institute.
(4) After the expiry of the term of office of the Council, the Council shall exercise its functions until the new Council is established.
(5) The number of members of the Council, the manner in which they are elected, the manner in which they act and the quorum and the amount of remuneration for their duties in the Council, as well as their rights and obligations, shall be laid down in the Statutes of the Academy.
(1) The Council shall in particular:
(a) convene meetings of the Assembly, submit reports and proposals for negotiations and implement its resolutions;
(b) manage the Academy's normal activities between the meetings of the Assembly;
(c) submit to the Assembly a draft annual report on the activities of the Academy;
(d) submit to the Assembly a draft budget and a final account of the Academy, including a proposal to distribute funds between the Institute;
(e) elect elected members of the Council Bureau (§ 9 (2)).
(2) In an urgent case, the Council may also decide on matters reserved by this Act or the Statutes of the Assembly. In this case, the Council shall convene the Assembly no later than 30 days after its decision. If the Council's decision is not confirmed by the Assembly, the decision shall cease to be valid.
(3) The questions of the scientific policy of the Academy shall be discussed by the Council with the Scientific Council.
Bureau of the Council
(1) The Bureau is the executive body of the Council.
(2) The Bureau shall be composed of the President, Vice-Presidents, Chairman of the Scientific Council and elected members of the Bureau.
(3) The number of members of the Bureau, the manner in which they are elected and the manner in which they are to be held and the resolutions of the Bureau shall be regulated by the Statutes of the Academy.
(4) In the event of urgency, the Bureau may also decide on matters reserved for the Council by this law or by the statutes. In this case, the Bureau shall convene the Council no later than 20 days after its decision. If the Council does not confirm the Bureau's decision, the decision shall cease to be valid. The provisions of the previous sentences shall not apply to cases reserved for the Council in Paragraph 8 (2).
The President
(1) The President shall act on all matters relating to the Academy.
(2) The President shall be appointed and removed by the President of the Republic from the members of the Assembly and on a proposal from the Assembly, which shall be discussed by the Government. The term of office of the Chairperson shall be four years. The office of President shall not exceed two consecutive terms of office.
(3) The President shall appoint Vice-Presidents from among the elected members of the Bureau.
(4) The President shall appoint and remove the directors of the workplaces.
(5) The President shall chair the meetings of the Assembly, the Council and the Bureau.
(6) The Vice-Presidents shall represent the President at the time of his absence or if they are authorised to represent him.
(7) The approval of the Vice-Presidents of the Academy and other members of the Council in the defined areas will be regulated by the Statutes of the Academy.
Scientific Council
(1) The Scientific Council is a permanent advisory body of the Council on the preparation and implementation of the academic policy of the Academy.
(2) The Scientific Council is composed of representatives of the Institute, representatives of universities and other scientific institutions, and important scientists from abroad.
(3) The term of office of the Scientific Council is four years.
(4) The Scientific Council shall elect a Chairman of the Scientific Council from among its members.
(5) The number of members of the Scientific Council, the manner in which they are elected and appealed, their rights and obligations and the manner in which they are held and the resolutions of the Scientific Council shall be adapted by the Statutes of the Academy.
WORKING
The workplaces are public research institutions according to the specific legislation2).
Workplace
(a) carry out scientific research;
(b) contribute to increasing the level of knowledge and education;
(c) contribute to the exploitation of scientific research results;
(d) obtain, process and disseminate scientific information and provide scientific opinions, opinions and recommendations;
(e) in cooperation with universities, carry out doctoral study programmes4) and educate scientists;
(f) developing international cooperation in the field of scientific activity and technological development;
(g) carry out its tasks in cooperation with other scientific and professional institutions; to that end, it may conclude contracts with those institutions for associations,
(h) provide R & D infrastructure (4a).
cancelled
(1) The posts of staff with higher education at the workplace are filled by a selection procedure announced by the Director of the Institute.
(2) The rules of the selection procedure shall be adapted by the Statutes of the Academy.
repealed
PROVISIONS TRANSITIONAL AND FINAL
(1) Property and other rights and obligations which will be transferred to the Czech Republic under the Federal Assembly Act to settle the rights and obligations of the current Czechoslovak Academy of Sciences will pass the date of its entry into effect to the Academy.
(2) On the date of the entry into force of the Federal Assembly Act referred to in paragraph 1, the Institute of the Czechoslovak Academy of Sciences, which will be transferred to the Czech Republic under that Federal Assembly Act, will become the Office of the Academy, and the Directors and Scientific Councils of these workplaces will become directors and scientific councils of workplaces under this Act.
Within 60 days of the entry into force of this Act, the Institute Scientific Councils shall submit proposals to the Council for the Director of the Institute. The Council shall appoint the Director of the Institute within 30 days of the submission of the proposal.
(1) Until the Council has been elected under this Act, the current Committee of Presidium for the Management of the Workplaces of the Czechoslovak Academy of Sciences shall exercise its competence.
(2) The Presidium Committee for the Management of the Workplaces of the Czechoslovak Academy of Sciences is obliged to take immediate action to establish the Assembly in order to establish it no later than 60 days after the entry into force of this Act. The term of office of the Assembly thus established shall be one year.
(3) The Assembly established pursuant to paragraph 2 shall consist of:
(a) directors of workplaces;
(b) representatives of the workplaces elected by the researchers of the workplaces in the number of one representative for each starting 50 scientists of the workplaces,
(c) 30 representatives of universities delegated by the Board of Higher Education 5),
(d) 20 members appointed by the Government of the Czech Republic.
The term of office of persons who, on the day preceding the date of conversion of the place of work into a public research institution, shall end on the day preceding that of the change.
This Act shall take effect on the date of entry into force of the Federal Assembly Act referred to in Paragraph 18 (1), but not later than 31 December 1992.
* * *
Act No. 220 / 2000 Coll., on amendments to certain laws in connection with the adoption of the Act on Assets of the Czech Republic and its Act on Legal Relations, became effective on 1 January 2001.
Act No 342 / 2005 Coll., on amendments to certain laws in connection with the adoption of the Act on Public Research Institutions, became effective on the date of its publication (13 September 2005).
Prime Minister:
Ing. Paroubek v. r.
1) Article 48 of Act No. 218 / 2000 Coll., on Budgetary Rules and on the amendment of certain related laws (Budget Rules).
2) Act No. 341 / 2005 Coll., on Public Research Institutions.
4) Sections 47 and 81 of the Higher Education Act.
(4a) Paragraph 2 (2) (f) of the R & D Support Act.
5) § 16 of Act No. 172 / 1990 Coll.
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Regulation Information
| Citation | Full version of Act No. 420 / 2005 Coll., Act No. 283 / 1992 Coll., on the Academy of Sciences of the Czech Republic, as shown by later amendments |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.10.2005 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Science and research
The regulation text is for informational purposes only.
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