Act of the Czech National Council No. 9 / 1993 Coll.
Act of the Czech National Council on Czech Railways
Valid
Effective from 01.01.1993
9
THE LAW
Czech National Council
of 20 December 1992
about Czech Railways
The Czech National Council decided on this law:
Basic provisions
(1) České dráhy is established in Prague.
(2) ČD is a legal entity that is incorporated in the Commercial Register.
(1) ČD is the successor entity of the Czechoslovak State Railways State Organisation. 1) České dráhy transfers to the extent provided for by the special law 2) the rights and obligations of the state organization Czechoslovak State Railways, resulting from international agreements and membership of this state organization in international organisations.
(2) Rights and obligations from the employment and other relations of the Czechoslovak State Railways State Organisation are transferred to the Czech Railways to the extent specified by the special law.
(1) The basic object of the Czech Railways is the transport of passengers and goods to national runways (3) and the operation of national runways.
(2) For the purposes of this Act, the operation of national rail services shall mean a summary of the activities which ensure the operation of the vehicle on the national rail rail railway road (hereinafter referred to as the "railway transport route ').
(3) ČD is entitled to establish and use a railway telecommunications network and railway telecommunications equipment without permission.
For the purposes of this Act, railway transport means a road intended for transport by railway rolling stock and fixed rail equipment, necessary for ensuring the movement of railway rolling stock and equipment used to ensure the safety of rail traffic.
Authorities of Czech Railways
The authorities of the Czech Railways are the Board of Directors of the Czech Railways, the Director-General of the Czech Railways and the Inspector-General of the Czech Railways (hereinafter referred to as the Board of Directors, the Director-General and the Inspector-General).
Management Board
(1) The Management Board consists of 13 members appointed and dismissed by the Government on a proposal from the Minister for Transport.
(2) The Government shall appoint a chairman from among the members of the Management Board who shall direct its activities.
(3) Membership of the Management Board shall be public functions.4) In the context of its execution, the members of the Management Board shall have adequate remuneration, the amount of which shall be determined by the Government.
(4) A member of the Board of Directors shall be obliged to remain silent, refrain from any action which might lead to a conflict of interest in the interests of the Czech Railways, and shall not abuse information acquired in connection with the performance of his or her duties for the benefit of his or her own person.
(1) The Management Board shall act by a majority of its members.
(2) The rules of procedure of the Management Board shall determine the arrangements for meetings and meetings of the Management Board.
The Management Board shall be responsible for:
(a) approve, on a proposal from the Director-General, the business intentions of the Czech Railways, to the extent that it itself determines,
b) decide on the amount of the allocation to the Czech Railways Reserve Fund and on the establishment of other funds, 5)
(c) approve the Statute of the Czech Railways, the organisational structure of the Czech Railways and the Rules of Procedure of the Management Board;
d) approve the annual accounts of the Czech Railways,
(e) give prior consent to the conclusion of lease contracts for land for which ČD exercises the right to operate and the conclusion of credit agreements if the loan granted exceeds the amount determined by the Board of Directors,
(f) other questions reserved for the Management Board by this Act.
(1) The Management Board submits to the Government, through the Minister of Transport, a project for the organisation of the activities of the Czech Railways and projects for the privatisation of parts of the Czech Railways assets (hereinafter referred to as the "Transformation Project of the Czech Railways").
(2) At the request of the Management Board, the Director-General is obliged to provide all information and documents on the activities of the Czech Railways as well as other necessary synergies for the preparation of the Czech Railways Transformation Project.
Director-General
(1) The Director-General is the statutory body of the Czech Railways, which manages and acts on behalf of the Czech Railways.
(2) The Director-General shall decide on all matters relating to the Czech Railways, provided that they are not under the jurisdiction of the Management Board or the Ministry of Transport by this Act.
(1) The Director-General shall be appointed and removed by the Management Board.
(2) The Director-General may not be a member of the Management Board but may attend meetings of the Management Board with an advisory vote.
Inspector General
(1) The Inspector General is the supervisory and control body of the Czech Railways.
(2) The inspector-general shall direct the activities of the general inspection according to the Statute, the rules of organisation and the authorisation of the Director-General.
(3) The General Inspector shall be appointed and removed by the Management Board.
Management of Czech Railways
ČD is subject to legislation governing the status and legal situation of the state enterprise (6), mutatis mutandis, unless otherwise provided for by this law.
(1) České dráhy runs in two accounting and financial separate circuits, within the railway infrastructure circuit and in the transport and other performance circuit.
(2) The funds may not be transferred to the transport and other performance circuit in an accounting and financially separate way.
(3) České dráhy draw up the annual accounts and the analytical breakdown of the management according to the accounting and financial separate headings at the time of the submission of the state accounts.
(4) ČD is obliged to provide financial statements and to publish their data. 7)
(1) České dráhy will, by contract, allow the use of the railway infrastructure to other persons entitled to engage in public rail transport, subject to the conditions laid down by the legislation on the operation of national railways. 8)
(2) The price for the use of the railway infrastructure is negotiated in accordance with price regulations. 9)
Relationship of the Ministry of Transport to the Czech Railways
(1) The Ministry of Transport has the rights and obligations of the founder in the area of privatisation of ČD. 10)
(2) The Ministry of Transport sets out the fare and freight charges for the carriage of ČD and Ministry of Transport personnel involved in the operation of ČD, pensioners who worked in the field of transport and their family members.
Transitional and final provisions
Until the appointment of the members of the Management Board and the Director-General, their powers shall be exercised by the government's agent. The Management Board shall be appointed no later than two months after the effective date of this Act.
This Law shall take effect on 1 January 1993.
Uhde v. r.
Klaus v. r.
1) Act No. 68 / 1989 Coll., on the organisation of Czechoslovak State Railways.
2) Act No. 625 / 1992 Coll., on the demise of the state organization Czechoslovak State Railways.
3) Paragraph 2 (1) of Act No. 51 / 1964 Coll., on Railways, as amended by Act No. 104 / 1974 Coll.
4) Paragraph 124 (1) of the Labour Code.
5) Paragraph 5 (2) of the Decree of the Government of the Czech Republic No 577 / 1990 Coll., on the financial management of state enterprises.
6) For example Act No. 111 / 1990 Coll., on a State Company, as amended by Act No. 92 / 1991 Coll., Decree No. 119 / 1988 Coll., on the Management of National Property, as amended, Decree No. 577 / 1990 Coll.
7) Paragraph 20 (3) of Act No. 563 / 1991 Coll., on Accounting.
8) Act No. 51 / 1964 Coll., as amended by Act No. 104 / 1974 Coll. Decree No. 52 / 1964 Coll., implementing the Railway Act, as amended. Decree No. 18 / 1981 Coll., on the approval of railway vehicles and special traction mechanisms. Revenue of the Federal Ministry of Transport on rules of Technical Operation of Railways, reg.
9) Act No. 526 / 1990 Coll., on Prices.
10) Act No. 92 / 1991 Coll., on the Conditions for Transfer of State Assets to Other Persons, as amended.
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Regulation Information
| Citation | Act of the Czech National Council No. 9 / 1993 Coll., on Czech Railways |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1992 |
|---|---|
| Effective from | 01.01.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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