Government Decree No. 46 / 1945 Coll.
Regulation on the interim organisation of the administration of the capital city of Prague
Valid
Effective from 27.08.1945
46.
Government Regulation
of 7 August 1945
on the interim organisation of the administration of the capital city of Prague.
According to Article 3 of the Constitutional Decree of 4 December 1944 of the President of the Republic, the Government of the Czechoslovak Republic hereby orders the President of the Republic, No 18 OJ No (Annex to Decree No. 43 / 1945 Coll.), on national committees and provisional National Assembly:
Central National Committee of the City of Prague.
(1) A central national committee of the capital of Prague (another central national committee) is hereby established for the district of the capital of Prague.
(2) The Central National Committee shall exercise in its territory the powers conferred on local and regional national committees pursuant to Sections 2 and 3 of the Decree of 5 May 1945, No 4 Coll., on the choice and competence of national committees, as amended by the Decree of 7 August 1945, No 44 Coll., unless it is exercised by another public authority.
(3) The Central National Committee is essentially subordinate to the Minister of the Interior and to the relevant Ministers in matters falling within the competence of other ministries. Details shall be provided by the Government Order issued pursuant to Article 3 of the Constitutional Decree of the President of the Republic No. 43 / 1945 Coll. The special provisions on the competence of the Regional National Committee, in particular those on the procedure for instance, remain unaffected by this provision.
(4) The Central National Committee comprises 100 members. Its members shall be elected in a manner which shall be governed by specific provisions.
(5) Until the election of the Central National Committee can be made possible, its members shall be appointed by the Government on a proposal from political parties. In the same way, the government shall appoint 40 alternates and determine the order in which they are taking up their duties.
Performance.
The Central National Committee shall exercise its competence:
(a) in plenary,
(b) the Board of the Central National Committee,
(c) by the Bureau of the Central National Committee,
d) Mayor of the City of Prague (Deputy Deputy),
(e) the commissions of the Central National Committee;
(f) by district councils and their chairmen.
The scope of the plenary session.
(1) The Central National Committee is discussing matters of extreme importance at the plenary session as essential matters of organisational, general and property and economic importance. Such matters are:
(a) regulations and regulations in force in the field of public administration, in particular those of the local police;
(b) rules of procedure for the Central National Committee and its components;
(c) directives to be adopted for the sake of consistency of decision-making and administration;
(d) basic organisation of the Municipality and the Municipality offices, institutes and undertakings of the Municipality;
(e) general fundamental personal matters;
(f) the appointment of municipal officials, where it is for civil servants of an equivalent category to be appointed by the Government of the Republic;
(g) the remuneration of the Mayor, Deputy Members, Members and Chairpersons of the District Councils, as well as the Directive on Reimbursement of Officials of the Central National Committee and its constituents;
(h) budgets and final accounts of the municipality, funds, institutes and undertakings of the municipality;
(i) the amount of allowances, municipal allowances, fees, levies and so on, and the rules governing their collection;
(j) expenditure not covered by the budget and to be incurred and expenditure to be exceeded by the budget;
(k) the disposal of immovable property belonging to a municipality, an undertaking or an institution (fund) managed by a municipality or a municipality, if the general value exceeds 100,000 K in each case;
(l) a liability or other burden on immovable property belonging to a municipality, undertaking or institute (fund) managed by a municipality or municipality which, in each case, exceeds 100,000 K,
(m) rental and smuggle of real estate belonging to a municipality, enterprise or institute (fund) managed by a municipality or municipality, if the annual rent (smolt) exceeds 50,000 K or if the period of rent (pacht) is longer than 6 years or the lease (pacht) is not based on general rental (smolt) conditions;
(n) the disposal of movable property or of rights belonging to a municipality, an undertaking or an institution (fund) managed by a municipality or a municipality, if their general value exceeds 100,000 K in each case, as well as the deposit or other burden on such property in excess of that amount;
(o) the purchase or exchange of real estate or movable property or rights, if the market price (in the case of an exchange, the general value of the item or right) exceeds, in each individual case, 50,000 K, except for the purchase of machinery and machinery for municipal enterprises, provided that the machinery and equipment is intended for the operation of the undertaking or its improvement, provided that the purchase price is paid from the accumulated renewal funds and in each case does not exceed 100,000 K;
(p) the negotiation of loans or the acceptance of a guarantee;
(r) laying down the general conditions for the lease of immovable property;
(s) investments which burden the municipality with new or increased costs of operating and maintenance at all or which require a greater load setting up than 500,000 K;
(t) other legal acts which exceed the scope of ordinary management of assets, where the subject of the hearing is an amount of more than 50.000 K or a matter (law) of a general value of more than 50.000 K.
(2) The Central National Committee oversees the entire administration of the municipality.
(3) The Plenary Meeting of the Central National Committee may reserve consideration of matters which are not specifically assigned by this Government Regulation to other components, unless they have been decided on.
(4) The approval of the Ministry of Interior is required for the validity of the resolutions referred to in paragraph 1 (b) and (g).
Council of the Central National Committee.
The Council of the Central National Committee has 32 members, including the mayor and his deputy.
Election of the mayor, his deputies and other board members.
(1) The Central National Committee shall elect the Mayor, its 7 Deputy Directors and the other 24 members of the Board in plenary.
(2) The choice of the mayor is made separately. It should be confirmed by the President of the Republic on a proposal from the Government in order to make its choice.
(3) The method of choice will be adapted by specific provisions. Until such regulations are issued, the current rules applicable to such choices shall apply mutatis mutandis to the election of the mayor, deputy and other members of the Board.
(4) Unless a central national committee issued from a proper election is set up, the mayor, his deputy and other members of the council shall be appointed by the government on a proposal from political parties. The Prime Minister is confirmed by the President of the Republic.
Scope exercised by the Board.
It shall be for the Council of the Central National Committee to prepare the matters to be discussed at the plenary meeting of the Central National Committee and to decide on all matters which are not reserved for the Central National Committee to decide at the plenary meeting or which are not assigned by this Regulation to the other parts of the Central National Committee.
The Bureau.
The head of the capital city of Prague, together with its Deputy Directors, is the Bureau of the Central National Committee.
The powers exercised by the Bureau.
(1) The Bureau of the Central National Committee shall be responsible for:
(a) ensure that the deliberations of official matters within the Central National Committee and its components are organised in such a way as to ensure the proper functioning of the administration of the capital of Prague;
(b) to decide, in dubious cases, which authority of the City of Prague is competent in a particular matter;
(c) to decide under the budget on expenditure above 5,000 K but below 50,000 K in an individual case;
d) propose the opening of disciplinary proceedings in the official affairs of the employees of the capital city of Prague,
(e) decide on matters to be referred to them by the Central National Committee at its plenary session.
(2) The authorisation referred to in paragraph 1 (e) requires the approval of the Ministry of the Interior to be valid.
Scope exercised by the mayor.
(1) Primary
(a) represents the municipality on the outside;
(b) represent the municipality as a legal person, in which documents establishing the obligation of the municipality require the signature of two members of the Board of Central National Committee, in addition to the signature of the Mayor; the signing of other documents and documents shall be subject to the rules of procedure;
(c) convene and manage, within the meaning of the Rules of Procedure, meetings of the Central National Committee, the Board of the Central National Committee and the Bureau of the Central National Committee;
(d) decide, within the approved budget, on expenditure not exceeding 5 000 K in each case;
e) is the head of the Municipality and the Municipality Offices,
(f) establish the schedule of work of municipal staff, translate them and delegate them to the management of the offices.
(2) If there is a danger of delay, the Mayor may take the necessary measures in the field of competence of the Board or of the commissions of the Central National Committee or the District Councils, but he shall be obliged to notify the Bureau of the Central National Committee and the competent College within 2 days at the next meeting.
(3) The primary and his deputy representatives may attend meetings of all the components of the Central National Committee with an advisory vote, unless otherwise specified.
The Commission.
(1) The Central National Committee shall establish the necessary number of commissions by way of a resolution of the Plenary Meeting, establish their field of competence and elect a chairman, its representative and other members for each committee. Only members of the Board may be elected to the chairpersons of the commissions; They shall be designated by the referees. The members of the commissions may also be those who are not members of the Central National Committee, but must be elected to the Central National Committee. The Commission set up for the institutes and businesses of the capital city of Prague must be at least 1 / 4 of the employees of the institution or enterprise concerned.
(2) The method referred to in paragraph 1 shall also be set up by the Commission, the establishment of which is prescribed by specific regulations, such as the Financial Commission pursuant to Article 9 of the Law of 12 August 1921, No 329 Coll., on the transitional adjustment of the financial economy of municipalities and cities as amended by it changing and supplementing it. The specific provisions on the composition of these commissions and, where appropriate, on the rights of superior bodies shall remain unaffected.
(3) The necessary number of four-member criminal commissions has also been established in accordance with paragraph 1.
The scope of the commissions.
(1) The Commission referred to in Paragraph 10 (2) shall, in addition to the tasks laid down in the specific legal provisions, exercise the powers conferred on it by the Central National Committee. It is for the Commission to exercise, on behalf of the Central National Committee, the criminal jurisdiction of that committee, other than block criminal proceedings.
(2) It is otherwise for the commissions in the field for which they were established, in particular:
(a) give good insight,
(b) prepare the items to be discussed in the plenary session of the Central National Committee or in the Board if they have been ordered to do so.
(3) The Commission does not, unless otherwise provided for in this Regulation or in other provisions, have a decision-making power. However, the Central National Committee may, by way of a resolution of the Plenary Meeting, empower the Commission to decide on behalf of the Central National Committee to the extent specified by it. The approval of the Ministry of the Interior is required for the validity of such authorisation.
District council.
(1) For the parts of the capital city of Prague for which local committees were established pursuant to the Act of 6 February 1920, No. 116 Coll., on the organisation and competence of the central representative of the capital of Prague and of the local committees, and pursuant to the Government Decree of 11 January 1923, No. 7 Coll., on the division of Prague into circuits for the selection of local committees and the numbering of new parts of Prague, the district councils are established.
(2) Circuit councils have in circuits that have fewer than 50,000 inhabitants, 16 members, in circuits with a population of between 50,000 and 100,000 inhabitants including, 20 members and in circuits that have more than 100,000 inhabitants, 24 members.
(3) The members of the district councils shall be chosen in a manner to be adapted by specific provisions.
(4) The district councils shall elect a chairman and his three vice-ministers to represent the chairman in the order in which they were elected.
(5) The local national committees established on the effective date of this regulation for each part of the capital city of Prague (paragraph 1) shall exercise their powers until the local councils issued by the elections are established. These local national committees operate under the designation of district councils in their current number of members, but otherwise they are obliged to adapt their internal organisation to the rules on district councils within a month of the application of this Regulation; If they do not, they shall arrange for the necessary Bureau of the Central National Committee. The current chairmen of the (deputy) local national committees become chairmen of the district councils (deputy chairmen).
The scope of the perimeter advice.
(1) The Circuit Councils shall exercise the competence of the Central National Committee, under its directives, on the following matters:
(a) the choice of district councils;
(b) a certificate of national and national reliability,
(c) the granting of extra-school rooms under approved rules;
(d) the management of the municipal land in the urban district, to be determined by the Central National Committee, in particular their leasing and smuggled in accordance with the conditions laid down by the Central National Committee;
(e) the administration of municipal or municipal undertakings, institutes, funds and other establishments (other than personnel) in the urban district, serving only local purposes, e.g. cemeteries, markets, baths and so on, unless they are part of such undertakings, institutes, funds and facilities requiring central administration;
(f) the granting of public goods in urban areas in accordance with the directives and conditions laid down by the Central National Committee;
(g) the granting of foundations and funds under the administration of the municipality, if they relate only to the urban district and its population, in accordance with the provisions of the instruments of foundations and funds;
(h) one-off immediate social assistance of all kinds up to the amount fixed by the Central National Committee;
(i) a certificate of disability and poverty;
(j) lists of jurors and kmetsk,
(k) local awareness bodies.
(2) The Central National Committee may, by a resolution of the Plenary Meeting, authorise the District Councils to take decisions on other matters as well on behalf of the Central National Committee. The approval of the Ministry of the Interior is required for the validity of such authorisation.
(3) The district councils also act as advisory, supervisory and executive bodies of the Central National Committee and co-operate in the administration of the municipality under its general or special resolutions, such as proposals for the allocation of flats, proposals for the introduction of national administration into enterprises and property, referred to in § 7 (1) (c), (d), (e) and (f) -aa) of the decree of the President of the Republic of 19 May 1945, No 5 (b), of the nullity of certain acts of illegality and of the national administration of property values of Germans, Hungarians, traitors and collaborators, and of certain organisations and institutions, provided that such undertakings and property do not exceed their urban significance.
Scope exercised by the Chairman of the District Council.
(1) Chairman of the District Council
(a) convene and manage the meetings of the District Council within the meaning of the Rules of Procedure;
(b) decide, within the approved budget and under the guidelines of the Central National Committee, on immediate one-off social assistance of all kinds up to the amount fixed by the Central National Committee;
(c) it is headed by the Magistrate's Office, instructs the work of municipal staff assigned to the Magistrate's Office, and in this context it translates them, unless the Mayor, within the limits of his competence (§ 9 (1) (e) and (f)), makes a different measure;
(d) oversees the proper conduct of decision-making and the handling of the District Council and the Magistrate's Office;
(e) represents the municipality of Prague at local commissions, in particular construction, trade and others, but is entitled to be represented by a member of the district council. However, the primary may send a member of the Central National Committee to the Commission with the same powers and, if he does so, shall be regarded as a declaration from the municipality by a member of the Central National Committee.
(2) The Chairman of the District Council shall be responsible for his work to the Central National Committee.
Commission of District Councils.
(1) The Circular Councils may, with the agreement of the Bureau of the Central National Committee, set up, set up, set up and appoint a chairman, his representative and other members to serve the Commission. Members of commissions may also be members of district councils, but they must be electors for district councils. Only members of the District Council may be elected to the chairmen of the commissions.
(2) The Commission of the District Councils does not have decision-making power. They shall in particular:
(a) give the district council good insight,
(b) prepare the matters to be discussed in the District Council.
City of Prague.
(1) The Executive Office of the Central National Committee is designated by the Municipality of Prague, the Executive Office of the District Councils of the Municipality Office.
(2) The Municipality of the City of Prague (Municipality Office) implements the decisions and measures of the Central National Committee and its components.
(3) The decisions (measures) of the Central National Committee and its components, which are intimate with the Municipality of the City of Prague (the Municipality of Prague), bear the heading "Municipality of Prague" and, under the heading, a further indication of the competent executive office (department) which implements the decisions (measures) of the municipal authorities. However, it must be clear from the text on which part of the Central National Committee has taken this decision (measure).
The procedure.
(1) If the appeal is not excluded, the decision and measures of the Central National Committee and its constituents may be appealed to the Regional National Committee (§ 1, paragraph 3).
(2) The scope of the building and complaint bodies is no longer relevant.
Efficiency.
(1) This Regulation shall take effect on the third day following its publication. Decisions and measures taken under the responsibility of the Central National Committee before the entry into force of this Regulation by the local national committees and other bodies which manage the capital of Prague after 5 May 1945 shall be deemed to be decisions and measures taken by the authority competent under this Regulation.
(2) This Regulation shall be implemented by the Minister for the Interior in agreement with the other members of the Government.
Dr Beneš v. r.
Fierlinger v. r.
David v. r.
Gottwald v. r.
Broad v. r.
Ursines v. r.
Gen. Svoboda v. r.
Dr. Ripka v. r.
Nosek v. r.
Dr. Šrobár v. r.
Dr. Unedible v. r.
Dr Stránská v. r.
Kopecký v. r.
Laušman v. r.
Děuriš v. r.
Dr Pietor v. r.
Gen. Hasal v. r.
Hala v. r.
Dr Šoltész v. r. o.
Dr Procházka v. r.
Majer v. r.
Dr Clementis v. r.,
Same for Minister Masaryk
Lt-Gen Ferjenčík v. r.
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Regulation Information
| Citation | Government Decree No. 46 / 1945 Coll., on the Interim Organisation of the Administration of the City of Prague |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.08.1945 |
|---|---|
| Effective from | 27.08.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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