Act No. 76 / 1949 Coll.
Act on the organisation of administration in the capital of Prague
Valid
Effective from 01.04.1949
76.
Law
of 24 March 1949
on the organisation of administration in the capital of Prague.
The National Assembly of the Czechoslovak Republic decided on the following Act:
General provisions.
Basic provisions.
(1) In the territory of the capital city of Prague, the national committees of all grades shall be the central national committee and the district national committees.
(2) The tasks of the People's Administration on the territory of Prague, which require uniform performance, are carried out by the Central National Committee. Other tasks of this administration shall be performed by the district national committees in urban areas.
Territory.
(1) The territory of Prague is divided into urban districts which it sets up and whose boundaries are determined by the Government by regulation. Minor adjustments to the boundaries of these districts may be made by the Minister of Interior, acting on a proposal from the Central National Committee in agreement with the Ministers of Justice and Finance, by the regulation.
(2) A government regulation is needed to connect a neighbouring municipality to Prague or to separate part of its territory from which a separate municipality is to be formed. Other border changes between Prague and neighbouring municipalities are subject to general rules on the change of the boundaries of municipalities, with the derogation that the Ministry of Interior is responsible for approving or implementing such changes.
Organisation of the Prague authorities of the People's Administration and the responsibilities of their executive bodies.
General provisions.
Number of members.
The Central National Committee shall have 100 members. The District National Committees have 30 members. A member of the Circular National Committee may not also be a member of the Central National Committee: if it becomes one, membership of the Circular National Committee shall cease.
Election and appeal.
(1) The members of the Central National Committee and the District National Committees are elected. They may be removed from their duties.
(2) Electors authorised by the Prague People's Administration do not vote in elections to the Regional National Committee of the Prague Region.
(3) Details of the terms and conditions and the exercise of the right to vote and the conduct of elections and the manner in which the members are withdrawn shall be laid down in the law.
Responsibility and control.
The members of the Central National Committee, the District National Committees and their executive bodies shall be accountable to and controlled by the people. The manner in which the people exercise control and exercise that responsibility shall be laid down by law.
Dissolution.
(1) The authorities of the People's Administration in Prague may be dissolved, in particular if they do not fulfil their tasks or threaten the proper functioning of the public administration.
(2) The Government shall act on the dissolution of the Central National Committee. The district national committees are being disbanded by the Home Secretary. New elections shall be listed within two months at the latest.
(3) The Minister for the Interior shall take the necessary measures for the interim management of the administration for a transitional period before the authorities newly elected.
Plenary meetings and executive components.
(1) At their plenary sessions, the Central National Committee and the District National Committees determine the direction of their activities and policies and manage and guide the activities of their executive bodies.
(2) Within the limits of the resolution of the Plenary Session of the Central (Circular) National Committee, the executive bodies of the National Committee shall exercise public administration:
(a) the Board of the Central (Circular) National Committee;
(b) the Mayor and Deputy Director (Chairman of the National Circuit Committee and Deputy Director),
(c) the referees of the Central National Committee and their deputy (referees of the District National Committee);
(d) the commission of the Central (Circular) National Committee.
Subordination and supervision.
(1) The Central National Committee and its executive bodies are directly subordinate to the government and to the relevant ministers and central authorities in their respective fields. The Circular National Committees and their executive bodies shall be subordinate to the Plenary Session and to the Board of the Central National Committee and, in their respective fields of competence, to the relevant members of the Central National Committee and to the relevant ministers and central offices.
(2) The Central National Committee and its executive bodies are accountable to the Minister of the Interior for maintaining the laws and regulations as well as to the directives and instructions of the superior bodies; the district national committees and their executive bodies are responsible to the mayor.
(3) The head of the Central National Committee and the experts of the Central National Committee shall, in their field of competence, oversee the fulfilment of their duties by the District National Committees and their executive components. They shall also supervise the Central National Committee and its executive bodies in their field of competence.
Specific provisions for the Central National Committee.
Plenary session.
(1) The central national committee is reserved for a resolution in plenary on matters of political, economic and organisational nature, in particular to approve the plan for the economic development of Prague, to act on the budget and to elect the executive body.
(2) The Central National Committee may decide in plenary on any matter falling within its competence.
Council.
(1) The members of the Board of the Central National Committee are the Mayor, its Deputy and the referees of the Central National Committee.
(2) The Council shall manage all activities of the Central National Committee. It shall be responsible for the administration of all matters falling within the competence of the Central National Committee, unless they are reserved for a plenary session or the Mayor.
(3) The Council shall exercise its powers in principle by means of referrals, but may authorise the Commission to decide on its behalf to the extent it defines. However, the Council shall be entitled to decide on any matter which is otherwise decided by the Members or the Commission. Neither the referees nor the Commission can decide on matters which are specifically directed to the Council.
(4) However, the Council may set up commissions at a time when the Central National Committee does not sit, but is obliged to request the next plenary session for additional approval.
(5 If the Board considers that an appeal which is not inadmissible could be appealed, it may comply with the appeal and proceed with the appeal, unless it concerns a decision of opposition taken by any other than the appellant. An appeal which has not been dealt with must be submitted to the chair of appeal, unless otherwise specified, within three weeks of their administration.
(6) The Council controls the activities of the various referees and commissions of the Central National Committee and the activities of the District National Committees and gives them binding guidance.
The primary.
(1) The primary is confirmed by the President of the Republic on a proposal from the Government.
(2) The primary representative of the Central National Committee and Prague as a union of the People's Administration on the outside, presiding over plenary sessions and meetings of the Central National Committee, taking urgent measures in the field of competence of the Council, commissions and referees, unifying the activities of the referees, is obliged to suspend the enforcement of resolutions or measures of the Plenary Session and of the executive bodies of the Central National Committee which deviate from or contravene to the applicable rules or are contrary to the directives and guidelines of the superior bodies, and is the staff of the Staff.
(3) The number of primary secretaries is determined by the Minister for the Interior. The primary may entrust the Deputy Director with certain tasks in his field of competence, either for individual cases or in general.
(4) The Chief Executive shall be responsible for the performance of his or her duties to the plenary session of the Central National Committee and to its Board under its authority. He is obliged to follow orders and instructions from the Home Secretary.
Referents.
(1) The experts shall decide and take action on behalf of the Board of the Central National Committee within the scope of their reports, unless the decision is reserved for the Board, the Mayor or the Commissions, and shall be the immediate staff representatives assigned to their report.
(2) A representative may, with the agreement of the Board, authorise the staff member assigned to take decisions and take action under his orders.
(3) If one of the referees is busy or unable to perform his duties for other reasons, his deputy shall represent him. Only a member of the Central National Committee may be Deputy Director. Deputy referees shall have the rights and obligations of the referee for as long as they represent the referee.
(4) The representative shall be responsible for the performance of his or her duties to the plenary session of the Central National Committee and to its Board under its authority. It shall comply with the orders and instructions of the relevant central authorities.
Central Secretary.
(1) The Council of the Central National Committee shall appoint from among the seconded staff of the Central Secretary; The Home Secretary confirms it.
(2) Priority reports of the Central National Committee and other staff assigned to the Central National Committee and the Regional National Committees are subordinate to the Central Secretary.
(3) The Secretary-General shall be the primary assistant in the exercise of his or her duties and his / her executive body and shall represent him or her as the Chief Staff Officer.
The Commission.
(1) The Commission of the Central National Committee shall have an advisory function, unless the Board or specific provisions have been delegated decision-making powers.
(2) Without prejudice to the provisions relating to commissions, the establishment of which is prescribed by specific provisions.
Specific provisions for the Circular National Committees.
Organisation and scope.
The government shall adapt the organisation of the national district committees and the responsibilities of their executive bodies by means of a regulation in accordance with the principles applicable to the central national committee.
District Secretary.
(1) The Council of the Circular National Committee shall appoint from among the staff assigned to the Circular Secretary; The mayor confirms it.
(2) Paragraph 13 (2) and (3) shall apply mutatis mutandis.
Common provisions.
Joint administration.
(1) The Central National Committee, of the one part, and the Regional, Regional or Local National Committees, of the other part, may, with the associations, agree resolutions of their plenary sessions, which shall be approved by the Central Office in agreement with the Ministry of the Interior, on the joint provision of individual affairs of the People's Administration; may also be associated for the same purpose with a government resolution. Similarly, they may be associated or may be associated with joint management of the District National Committees. The resolution of the plenary sessions of the District National Committees shall be approved by the Central National Committee; the compulsory association is decided by the central authority responsible for the matter in agreement with the Ministry of Interior.
(2) The association for the joint exercise of the people's administration by the common authorities in the whole field of that administration is regulated by the regulation.
Rules of procedure.
(1) Plenary meetings of the Central (Circular) National Committee shall be held at least four times a year and shall generally be public. The Plenary Session shall be convened if the Council of the relevant national committee so decides or if at least a quarter of its members so request, indicating the subject matter of the hearing. In addition, the Plenary Session of the Circular National Committee shall be convened if the Board of the Central National Committee so decides.
(2) Meetings of the Board and the commissions of the Central (Circular) National Committee shall be held as necessary and shall normally not be public.
(3) Plenary meetings and meetings of the Choir's executive bodies are capable of a resolution if an absolute majority of all members are present. If members do not meet in such a way that they are able to vote, the President shall call them back to discuss the same programme. The Plenary Session (s) thus convened or meetings of the Choir Executive are able to be quashed in the presence of at least a third of the members.
(4) More members than against the motion are required to vote in favour of the resolution. In the event of a tie, the proposal shall be deemed to have been adopted if the President has voted for it.
(5) The Rules of Procedure shall determine the minimum number of positive votes required for the adoption of the proposal; may also set a higher majority for some types of resolutions.
(6) The plenary sessions of the Central National Committee and of the District National Committees and their Choirs shall be held in the Rules of Procedure and approved by the Ministry of the Interior.
Internal organization.
(1) The work of the Central National Committee and the District National Committees shall be carried out in the reports. Each report is headed by a referee. The number of reports and the scope of their activities shall be determined by the Government by regulation.
(2) General principles for the composition of the commissions are laid down and general rules on external relations as well as for the internal administration of the Central National Committee and the District National Committees, in particular the Office Regulations, are to be issued by the Ministry of the Interior. Specific regulations on the composition of individual commissions and specific rules on internal administration of individual reports in terms of professional needs may be issued by the relevant central authorities in agreement with the Ministry of Interior.
Driving.
(1) Pending the issue of a law governing the general principles of management before national committees, the Central National Committee and the District National Committees shall, unless otherwise provided for by specific provisions, be governed by existing rules on management.
(2) Where an appeal is not excluded, the decision, measures and findings of the Circular National Committees may be appealed to the Central National Committee and the decision, measures and findings of the Central National Committee to the Central Office concerned. The decision of the Central National Committee as an appeal chair shall not allow further appeals.
(3) The measures of the People's Administration's authorities of Prague, which require the approval of the supervisory authority under the relevant rules, are approved by the Central National Committee, if any, or by the competent central authority. The measures of the Central National Committee shall be approved by the Ministry of the Interior in accordance with the rules on the financial economy of the volumes of the People's Administration.
Staff.
The Council of the Central National Committee shall act and be approved by the Government on the systemisation of posts with the Prague People's Administration. At the same time, after the hearing of the Central National Committee, the Government shall determine the number of systematic service posts to be filled by the staff assigned to the Prague People's Administration by each central office in agreement with the Ministry of Interior.
Punishments for administrative misconduct.
The hearing and omission of a Regulation issued by the Central National Committee or by the national district committees in the field of local security shall be punishable by a fine of up to 50.000 CZK or by imprisonment within 14 days. In the event of non-compliance with the fine, a replacement prison sentence shall also be imposed according to the rate of guilt within 14 days.
Homeland Security.
(1) For the territory of the capital city of Prague and Prague Region, a National Security Command, based in Prague, is established under the direct authority of the Minister of Interior. For the individual urban districts of the capital of Prague, a national security headquarters is established. The Organisation and the activities of these headquarters shall be regulated by the Ministry of the Interior.
(2) The Government provides for a regulation on the extent to which and how public administration in the field of national security in the Prague Region, the Prague People's Administration and the Ministry of Interior are carried out in the territory of the Prague Region.
Provisions common, transitional and final.
Implementing regulations.
(1) The Government will issue regulations for the implementation of this Act, in particular by regulating the scope of the activities of the Central National Committee and the Circular National Committees (§ 1 (2)) and the scope of the Plenary Session (§ 9 (1)) and the Mayor (§ 11 (2)).
(2) The provisions on the exercise of the right of reference and on the organisation of accounting and treasury services for the Central National Committee and the District National Committees shall be laid down by regulation of the Minister of Finance in agreement with the Minister of Interior. Paragraph 11 (2) of the Act of 20 March 1919, No 175 Coll., on the establishment and competence of the Supreme Accounting Audit Office, remains unaffected.
(3) Government regulations issued for the implementation of this Act may entrust further provisions to general legislation issued by the competent central authority in agreement with the Ministry of Interior or the Central National Committee approved by those central authorities.
Parallel organs.
(1) The Central National Committee in its current composition and district council is hereby terminated.
(2) The Minister of the Interior shall appoint, on a proposal from the Central Action Committee of the National Front, members of the Interim Central National Committee and of the Provisional Circular National Committees and their alternates, for a transitional period until the authorities of the People's Administration issued by the elections begin to act. The Minister for the Interior also entrusts individual members with functions.
Unfinished appeals.
The appeal lodged before the application of this law against decisions of the existing Prague authorities of the People's Administration and has not yet been dealt with by the authority competent under the existing rules shall be decided by the Central National Committee, if the appeal is against the decision of the District Council, otherwise the central authority in question (§ 20, par. 2).
Existing decisions and measures.
(1) Decisions and measures taken before the application of this Act by the authorities of the people's administration, within the limits of their competence, either by non-competent or not fully filled, shall be deemed to be decisions or measures taken by the authorities (ingredients) by the competent or duly filled authorities.
(2) The measures taken to prepare the reorganisation of the People's Administration in Prague before the Act is effective shall be deemed to have been taken under this Act if they comply with its provisions.
Repeal of existing regulations.
(1) The validity of any provisions contrary to the provisions of this Law, in particular:
(a) the municipal order of 27 April 1850, No 85,
(b) Paragraph 2a of the Decree of 5 May 1945, No 4 Coll., on the Choice and Jurisdiction of National Committees, as amended by the Decree of 7 August 1945, No 44 Coll.,
c) Government Decree of 7 August 1945, No. 46 Coll., on the interim organisation of the administration of the capital city of Prague.
(2) Paragraph 21 of the Law of 21 December 1948, No 280 Coll., on Regional Establishment, does not apply to the Regional National Committee of the Prague Region.
(3) The provisions of the Act of 21 July 1948, No. 199 Coll., on municipal undertakings, and the regulations issued pursuant thereto remain without prejudice. The measures taken by the Prague People's Administration to implement this Act before it is effective shall be deemed to have been taken pursuant to it if they comply with its provisions.
Efficiency and execution.
This Act shall take effect on 1 April 1949, but the implementing provisions may be adopted from the date of its publication. It shall be implemented by the Minister for the Interior in agreement with participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Nosek v. r.
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Regulation Information
| Citation | Act No. 76 / 1949 Coll., on the organisation of administration in the capital city of Prague |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.03.1949 |
|---|---|
| Effective from | 01.04.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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