Act No. 68 / 1989 Coll.
Act on the organisation of the Czechoslovak State Railways
Valid
Effective from 01.07.1989
68
THE LAW
of 21 June 1989
on the organisation of the Czechoslovak State Railways
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
BASIC PROVISIONS
Subject matter
This law regulates the creation, status, legal circumstances, activity, internal breakdown and management of the state organisation of the Czechoslovak State Railways (hereinafter the "Czechoslovak State Railways").
This law also regulates the relationship of specialised railway organisations as state enterprises to the Czechoslovak State Railways.
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The formation of Czechoslovak State Railways
(1) Czechoslovak State Railways, the headquarters of which is in Prague, arise from the merger of organizations
(a) the production units of the Czechoslovak State Railways;
(b) the production units of the railway industrial repair plant, with the exception of the organisation Supplier of technological equipment Martin-Vrútka,
c) ČSD-Dining and bed carriages in Prague,
d) Research Institute of Railway Prague,
e) ČSD-Administration of Home Property Prague,
f) Mechanisation of the line economy Prague,
g) Mechanisation of the line economy of Martin Vrútek.
(2) The assets and liabilities of the organisations referred to in paragraph 1 are transferred to the Czechoslovak State Railways.
(3) Czechoslovak State Railways are registered in the company register.
Subject matter
The basic object of the Czechoslovak State Railways is
(a) establishing and operating national railways;
(b) establishing and operating cableway installations;
(c) establishing and operating a railway telecommunications network;
(d) the provision of transport services and performance,
(e) construction and maintenance of railway lines, buildings and equipment;
(f) maintenance and repair of means of transport, as well as the production, maintenance and repair of special machinery, equipment and equipment for railway equipment;
(g) the provision of services in restaurant, cultural and tourism facilities;
(h) Foreign economic activity according to the rules laid down by the Special Act, 1)
(i) the performance of tasks and the provision of performance and services to safeguard the needs of the State's defence and security;
(j) cooperation with international organisations in the railway sector;
(k) special health care for workers.
Central Director
(1) The head of the Czechoslovak State Railways is the central director who manages and is responsible for their activities and its results to the Federal Ministry of Transport and Communications. The Central Director shall be represented in full by his / her representative's rights and duties.
(2) The Central Director and his Deputy Director are appointed and dismissed by the Minister for Transport and Communications of the Czechoslovak Socialist Republic after a statement by the competent authority of the Revolutionary Trade Union Movement.
(3) The Central Director acts on behalf of the Czechoslovak State Railways in all matters.
Internal breakdown
(1) Czechoslovak State Railways are subdivided into:
(a) the Central Directorate of the Czechoslovak State Railways,
(b) organisational units
1. regional, for the provision of the transport and transport process, maintenance and operation of the technical base of the railway in the defined territorial area;
2. specialised, for the provision of selected professional activities and transport systems not geographically defined;
3. purposeful, for ensuring joint activities for the internal needs of the Czechoslovak State Railways,
(c) the Railway Administration,
(d) State railway technical inspection.
(2) Regional organisational units are divided into executive units. Other organisational units shall be broken down into establishments or other organisational units as appropriate.
(3) Organizational units designated by the Czechoslovak State Railways Statute may, to the extent specified, perform in legal relations on behalf of the Czechoslovak State Railways. Such an organisational unit shall be registered in the company register; legal acts shall be carried out by its managers and, where appropriate, by other staff designated by the Rules of Procedure.
(4) The Railway Administration, the State Railway Technical Inspection and the Department of Armed Protection of Railways are acting on their behalf in matters of state administration.
(5) Within the scope of the mandate of the Federal Ministry of Transport and Communications under the Specific Regulations (2), the Railway Administration shall carry out the tasks of the railway authority, the tasks of the Railway Infrastructure Authority shall be carried out by the State Railway Inspection.
Status of Czechoslovak State Railways
(1) The Statute of the Czechoslovak State Railways is approved by the Federal Ministry of Transport and Communications.
(2) The Statute of the Czechoslovak State Railways provides in particular:
(a) detailed definition of the organisation and subject matter of the Czechoslovak State Railways;
(b) the way in which the Council of the Czechoslovak State Railways is established and is competent as an initiative, advisory and coordination body of the Central Director;
c) the extent to which organizational units perform on behalf of Czechoslovak State Railways;
(d) relations between the Central Directorate of the Czechoslovak State Railways and the Organising Units;
(e) the interaction between the organisational units;
(f) the principles of internal economic management and the economic position of the organisational units;
(g) the internal control system.
Organisational Regulations
(1) Organisational arrangements and internal management of the Central Directorate of the Czechoslovak State Railways and of the various organisational units provide for organisational arrangements.
(2) The Organizational Order of the Central Directorate of the Czechoslovak State Railways is issued by the Central Director. The Organisational Regulations of the Organising Units shall be issued by their head of staff after approval by the Central Director.
Economic management authority
(1) The Federal Ministry of Transport and Communications is an economic control body in relation to the Czechoslovak State Railways. 3)
(2) Federal Ministry of Transport and Communications
(a) manage and control the economic and social activity of the Czechoslovak State Railways, in particular the quality of transport and the development of transport services;
b) approves the annual accounts and confirms the fulfilment of the binding outputs of the State Economic and Social Development Plan in the Czechoslovak State Railways;
(c) apply in the Czechoslovak State Railways a set of economic, technical, organisational, cadre, social and other measures aimed at restoring the capacity of the Czechoslovak State Railways to perform the required economic and social functions in the event that the Czechoslovak State Railways, through their management, threaten or unduly reduce their assets or are unable to fulfil their levy or tax obligations, or are unable to create compulsory funds to the extent specified, or unjustifiably increase the requirements for subsidies or non-fulfilling the transport needs of the national economy and population; These measures are required to comply with the Czechoslovak State Railways at a specified time,
d) Decide on the imposition of a dampening programme in the Czechoslovak State Railways on the basis of a programme of structural changes to the national economy approved by the Government of the Czechoslovak Socialist Republic;
(e) specify in which cases and under which conditions passenger trains may be used free of charge;
f) fix the fare and freight charges for the carriage of Czechoslovak State Railways personnel and of organisations involved in the security of activity or contributing to the security of the activities of Czechoslovak State Railways, pension beneficiaries and their family members.
(3) The Minister of Transport and Communications of the Czechoslovak Socialist Republic appoints and discloses the Head of the Railway Administration, Head of the State Railway Technical Inspection and Commander of the Department of Armed Protection of Railways.
Czechoslovak State Railways Funds
(1) Czechoslovak State Railways create
(a) the development fund intended in particular for the financing of scientific and technological development, investments, including modernisation and reconstruction and inventory gains;
(b) a reserve fund intended to finance fluctuations in the economy of the Czechoslovak State Railways;
(c) a fund of cultural and social needs intended in particular to safeguard social development needs;
d) Fund of remuneration intended for personal material interest in the results of the economic activity of the Czechoslovak State Railways,
(e) a risk fund intended to cover risks and losses arising from the activities of the Czechoslovak State Railways;
(f) the fund of delay intended, in particular, to cover the loss of transport revenue.
(2) Czechoslovak State Railways may also create other funds at their discretion.
(3) Funds created by the Czechoslovak State Railways cannot be withdrawn from them; Czechoslovak State Railways decide on their use separately. The balances of individual funds may be transferred to other calendar years without limitation.
Subsidies and refunds
(1) In order to ensure financing conditions, the Czechoslovak State Railways are set out to cover the costs of transport infrastructure and passenger transport services and services in the State Economic and Social Development Plan.
(2) The competent central authorities are obliged to provide the Czechoslovak State Railways with compensation for the costs incurred by the performance of transport and other performances imposed or requested by these authorities, provided that such performance goes beyond the activities financed by the operational means. The amount of compensation shall be proposed by the Central Director. This is without prejudice to the right to compensation and compensation for property damage under special legislation.4)
Loan
(1) Czechoslovak State Railways actively use credit for their economic and social activities.
(2) In cases where the Czechoslovak State Railways, for objective reasons arising after the granting of the loan, cannot secure the return of the loan within the agreed time limit, the Federal Ministry of Transport and Communications will submit a proposal to the Government of the Czechoslovak Socialist Republic to decide who will take the guarantee for the repayment of the loan.
Tariffs and prices
(1) Czechoslovak State Railways provide transport performance and services at tariffs and prices set, possibly agreed according to price regulations and published in the Transport and Tariff Bulletin.
(2) Czechoslovak State Railways submit proposals to the Federal Ministry of Transport and Communications for the creation and change of tariffs and prices in rail transport; proposals for international tariffs shall be processed on the basis of agreements with foreign rail administrations or on the basis of concluded international agreements and contracts.
(3) Czechoslovak State Railways establish and declare extraordinary tariffs and prices for non-standard transport performance and services according to the principles established by the relevant price authorities.
(4) In the context of trade policy, the Czechoslovak State Railways determine and declare:
(a) in passenger transport, discounts of an acquisition character to achieve greater use of transport capacities;
(b) in the case of freight transport, discounts and surcharges in accordance with the principles laid down by the competent price authorities to optimise transport work and to use transport capacities equally.
Workers of the Czechoslovak State Railways
(1) For the performance of the work in the Czechoslovak State Railways, special health and professional conditions are laid down which workers must meet.
(2) Czechoslovak State Railways provide for the obligation or authorisation of Czechoslovak State Railways personnel to wear uniform or service badge.
Application of the State Enterprise Act
The provisions of § 2 (1), § 3, § 4, § 7, § 9, § 10, § 11 (2), § 12, § 36 to § 39, § 41 to § 68 of the State Enterprise Act apply mutatis mutandis to the status and management and to the economic and social activities of the Czechoslovak State Railways. 5)
SPECIFIC RAILWAY ORGANISATION
(1) To ensure smooth, efficient and high-quality operation and development of the Czechoslovak State Railways, the Federal Ministry of Transport and Communications establishes state enterprises as a specialised railway organisation (hereinafter referred to as "railway organisations").
(2) Railway organisations provide performance and services primarily to ensure the operation of the Czechoslovak State Railways. These performances and services shall be defined by the Federal Ministry of Transport and Communications as a compulsory subject of railway organisations' activities (business) in the instrument of incorporation.
(3) The regulations for the performance of the service issued by the Czechoslovak State Railways apply to railway organisations.
Paragraph 14 of this Law shall apply mutatis mutandis to railway workers.
FINAL PROVISIONS
(1) Instead of the general court of the Czechoslovak State Railways, the court in whose jurisdiction that branch is situated is responsible for the proceedings in disputes decided by the courts concerning one of the organisational elements of the Czechoslovak State Railways referred to in § 6 (1) (b) of this Act.
(2) In the same way, the local jurisdiction of the regional State arbitration for economic disputes shall be determined.
Where the concept of railway management is used in general binding legislation, it shall be understood as a regional organisational unit under Section 6 (1) (b) (1) of this Act.
(1) The Government of the Czechoslovak Socialist Republic will adjust the financial management of the Czechoslovak State Railways by regulation.
(2) The Government of the Czechoslovak Socialist Republic may decide, on a proposal from the Minister for Transport and Communications of the Czechoslovak Socialist Republic, to include another organisation in the Czechoslovak State Railways or to exclude an organizational unit from the Czechoslovak State Railways.
(1) The Federal Ministry of Transport and Communications, in agreement with the Ministries of Health and Social Affairs of the Republic, will lay down the conditions for the medical fitness of workers to work in the Czechoslovak State Railways.
(2) In an agreement with the Federal Ministry of Transport and Communications, the Federal Ministry of Labour and Social Affairs sets out, in accordance with principles approved by the Government of the Czechoslovak Socialist Republic, the terms and the amount of the monthly contribution provided by the Czechoslovak State Railways and Railway Organisation for the old-age and disability pension of a selected circle of persons.
(3) The Federal Ministry of Finance will adapt the method of financing the corporate social consumption of Czechoslovak State Railways by a generally binding legislation.
The organisation and performance of health services on rail pursuant to special regulations (6) are not affected by this law.
This Act shall take effect on 1 July 1989.
Husák v. r.
Indra v. r.
Adamec v. r.
1) Act No. 42 / 1980 Coll., on Economic Relations with Foreign Affairs (full version No. 184 / 1988 Coll.).
2) Articles 19 and 20 (2) of Act No. 51 / 1964 Coll., on Railways, as amended by Act No. 104 / 1974 Coll.
3) § 26a et seq. of Economic Code No. 109 / 1964 Coll., as amended.
4) Sections 26d and 26e of the Economic Code No. 109 / 1964 Coll., as amended.
5) Act No. 88 / 1988 Coll., on State Enterprise.
6) Paragraph 80 (5) of Act No. 20 / 1966 Coll., on the Care and Health of the People.
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Regulation Information
| Citation | Act No. 68 / 1989 Coll., on the organisation of Czechoslovak State Railways |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.1989 |
|---|---|
| Effective from | 01.07.1989 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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