On The State Fund Of Transport Infrastructure

Original Language Title: o Státním fondu dopravní infrastruktury

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=49231&nr=104~2F2000~20Sb.&ft=txt

104/2000 Sb.



LAW



from day 4. April 2000



on the State Fund of transport infrastructure



Change: 482/2004 Sb.



Change: 179/2005 Sb.



Change: 80/2006 Sb.



Change: 152/2007 Sb.



Change: 196/2009 Coll., 239/2009 Sb.



Change: 250/2014 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



THE STATE FUND OF TRANSPORT INFRASTRUCTURE



§ 1



(1) there is hereby established a State Fund of transport infrastructure based in Prague

(hereinafter referred to as "the Fund").



(2) the Fund is a legal person, the child of the Ministry of transport (hereinafter referred to as

"the Ministry").



(3) the assets with which the Fund is running, it is owned by the State.



§ 2



The Purpose Of The Fund



(1) the Fund uses its income in favour of development, construction, maintenance, and

the upgrading of roads and motorways, railway transport routes and

inland waterways in this range:



and funding for the construction, modernisation), repair and maintenance of roads and

highways, ^ 1)



(b)) the provision of contributions to the construction and modernisation of the transit sections of the

roads and motorways



(c)) the financing of the construction, upgrading, repair and maintenance of national and

regional railways, ^ 2)



(d)) the financing of construction and modernisation of major transport

inland waterways, ^ 3)



(e) the payment of loans and repayments) interest on loans and other expenses related to

debt service,



(f)) the provision of financial contributions to research and design work, studies and

expert activities related to construction, modernization and repair of roads and

highways, waterways significant and national and

regional railways,



(g) the granting of allowances for fulfilling) programmes aimed to increase the

transport safety and its disclosure to persons with limited

mobility,



h) provision of financial contributions to the construction and maintenance of bicycle paths,



I) financing the costs of establishing and maintaining a system for the electronic

the toll,



j) financing payment of dealers on the basis of concluded concession

the contract for the construction, operation and maintenance of transport infrastructure and

the financing of the costs associated with the closure of the concessionary contract,



the cost of the activities of the Fund),



l) financing costs related to the acquisition, Assembly and

the operation of the inspection weights on the road owned

State,



m) financing of costs related to the acquisition of property rights or

with the establishment and duration of the easement to the land on which it is located

transport infrastructure owned by the State, or land used

the purposes of protection and maintenance of transport infrastructure owned by the State.



(2) the funds for the purposes referred to in paragraph 1 the Fund transfers

organizational folders State, State contribution organisations or

governmental organizations that manages state assets having the nature of

transport infrastructure, ^ 3a) regions, ^ 3b) the persons to whom the State has transferred

the performance of some of his rights as the owner of this asset by

a special legal regulation, ^ 3 c) and other persons carrying out

construction, modernization, repair and maintenance in accordance with paragraph 1.



§ 3



(1) the Fund concluded with the beneficiaries of the Fund contract pursuant to

a special law, ^ 4) whose object is to achieve the purpose of the Fund pursuant to §

2. the Fund is responsible for the efficient use of those resources in accordance with

the approved budget.



(2) the Fund is entitled to check on the beneficiaries of funds

their use under contracts concluded in accordance with paragraph 1. When it detects a

serious irregularities is entitled to ask for their return, pause

their drawing and take other necessary measures to secure the

the expected effectiveness and compliance with the applicable activities funded

legislation and international commitments. The Fund is authorized to check for recipients

financial resources and people with the contractual obligations owed to them all

the data necessary for this check.



(3) the details of the Fund's activities and its internal organization provides

the status of the Fund, which, on a proposal of the Minister of transport and communications (hereinafter referred to as

"the Minister") approved by the Government.



§ 4



Income Fund



(1) the income of the Fund shall consist



and the proceeds of the privatised) the transfers of assets that are receiving the United

States and with whom the responsibility to manage the Ministry of finance,



(b)) the return road tax under special legislation ^ 9),



(c) the share of proceeds) of excise duty on mineral oils in accordance with the Special

^ 10) legislation,



(d) the proceeds from the time fee) ^ 5),



(e) revenue from tolls) ^ 5) and forfeited deposits ^ 5),



f) income from securities or public collections organized by the Fund,



g) loans, interest on deposits, penalties, claims and other payments from the

natural and legal persons,



h) transfers of revenue on income arising for the State of licence

contracts for the construction, operation and maintenance of transport infrastructure,



and contributions from the European Commission) provided through the relevant

European funds



j) gifts and legacies,



k) subsidies from the State budget,



l) transfers of part of the proceeds from fines imposed for administrative offences in the

connection with the operation of the vehicle, which, in the inspection of weighing

exceeds the maximum permitted weight or other weight ratios according to the

a special legal regulation, and pay the costs of weighing according to a special

legal regulation.



(2) Donations and heritage on behalf of the United States, the Fund may accept and use

only under the conditions and for the purposes specified donor or deceased, if

the purpose of these terms and conditions and agree with the subject of activity of the Fund.



(3) the income of the Fund Balances at the end of each calendar year

converted to a calendar year following.



§ 5



The budget and the accounts of the Fund



(1) the Fund prepared for each financial year, the budget proposal of the Fund, which

be submitted through the Minister of the Government by 31 December 2005. of August. The Government of the

a proposal for the budget of the Fund after any changes in it

performs, for the approval of the Chamber of deputies of the Parliament of the United Kingdom

at the same time with the draft of the State budget of the Czech Republic. Part of the budget

The Fund is



list of actions) and financed by the Fund, including the total cost

actions, the amounts budgeted for the current year and the implementation of the action period,



(b)) for an overview of claims and obligations,



c) design structures loans that intends to fund in the financial year to take,

including the repayment terms and interest rate levels,



d) calendar design of principal and interest on loans.



(2) the Fund in its draft budget establishes your total expenditure as a

the amount that he announced the chapter as administrator of the Special

Bill. ^ 5a) in the framework of this amount it provides also the amount

will participate in the financing of programmes or projects co-financed by the

budget of the European Union.



Section 5a



(1) at the same time with the proposal for the budget of the Fund, in collaboration with the Ministry of

draw up a medium-term view, which contains the expected revenue and expenditure

The Fund to individual years, on which it is drawn up, and the assumptions and

projects on the basis of which such receipts and expenditure expected and being planned, and

at least in this range:



and the overall revenue and expenditure) of the Fund,



(b)) expenditure on programmes or projects co-financed by the budget

The European Union,



c) expenditure on programmes or projects co-financed by the loans received

the State and part-financed by loans guaranteed by the State.



(2) the medium-term Outlook is drawn up for a period of 2 years immediately

following the year to which the budget of the Fund is presented. When

the compilation of the medium-term perspective are indicators of expenditure laid down in the

beginning of the financing of the programme or project co-financed by

budget of the European Union.



(3) the deadline for the handover of the bases for the elaboration of a medium-term perspective,

their scope and structure provides for the Ministerial Decree financí5b).



(4) for the approval of the medium-term perspective is valid procedure for approval

the budget of the Fund referred to in paragraph 1 apply mutatis mutandis.



section 5b



(1) after the end of the financial year, shall draw up the annual accounts of the Fund and

annual report on the activities of the Fund (hereinafter referred to as the "annual report") and submit

it through the Minister for consideration and approval to the Government

The House of representatives within three months after the end of the financial year. Annual

the financial statements of the Fund must be prior to its presentation to the Chamber of Deputies

the Chamber verified by an auditor.



(2) an expense fund budget page is divided in accordance with the purpose of the Fund

pursuant to section 2 (a). and) to) and by individual investment projects.



(3) additional borrowing in the financial year approved by the Government on

basis of a draft submitted by the Fund through the Minister. The provisions of the

paragraph 1 shall apply mutatis mutandis.



(4) the Fund shall keep records in accordance with the Act on accounting.



(5) the Fund is running in two separate circuits are kept so that they are

separately tracked the cost of custom activities from other activities

The Fund.



§ 5 c



Taxpayers



If the Chamber of deputies of the Czech Parliament approved

the Fund's budget for the financial year prior to the first day of the

of the financial year, the budget management of the Fund in the period from

the first day of the financial year until the approval of the budget for this

financial year the volume of revenue and expenditure of the Fund approved for the previous

the financial year.



§ 6




Bodies Of The Fund



(1) the authorities of the Fund make up the Fund Committee (hereinafter referred to as "the Committee"), the Supervisory Board

Fund (hereinafter referred to as "Supervisory Board") and the Director of the Fund (hereinafter referred to as "the Director").



(2) the Fund is headed by the Director; on his selection, appointment and dismissal of the

shall apply mutatis mutandis the provisions of the law on the civil service about selection, appointment

and the appeal of the head of the staff of the Office in another administrative authority.



The Committee of the



§ 7



(1) the Committee has nine members. The Chairman of the Committee is the Minister.



(2) the Vice-chairperson and the other seven members of the Committee appoints and dismisses Government

on the proposal of the Minister for a term of four years. The members of the Committee may be

be appointed to no more than two consecutive terms of Office.



(3) the President shall direct the activities of the Committee. Meetings of the Committee shall be governed by the rules

the regulations, approved by the Committee by resolution.



(4) the members of the Committee is to reward, which the Government shall determine by resolution.

Remuneration and reimbursement of wages the employer of members of the Committee on

activities of the Fund under section 2 (b). I).



(5) the membership of the Committee is an obstacle in the job because of a general interest

under special legislation. ^ 7)



§ 8



(1) the Committee shall deal with matters that are the purpose of the Fund or the subject

the activities of the Fund.



(2) the Committee shall approve the



and the Fund's budget proposal,)



(b) the draft medium-term Fund),



(c)) the annual accounts of the Fund,



(d) the draft annual report of the Fund),



e) the schedule of revenue and expenditure of the Fund,



f) annual programme announced tenders for realization

investment projects under special legislation,



g) mobilisation of the investment according to the approved the Statute of the

The Fund,



h) audit reports on the progress of investment projects,



I) expense report of investment projects.



(3) decisions of the Committee shall be published in the journal of the Department of transport.



§ 9



The Supervisory Board



(1) the Supervisory Board is the supervisory body of the Fund. Keeping a watch on the activities and

the management of the Fund. The Supervisory Board has five members. Members of the Supervisory Board shall be elected and

dismissed by the Chamber of deputies of the Czech Parliament on the functional

period of four years.



(2) the Supervisory Board shall elect from among its members a Chairman and a Vice-Chairman. The supervisory

the Council shall take a decision by vote. The choice is made or a resolution is adopted,

If you vote for them at least four members of the Supervisory Board.



(3) the meetings of the Supervisory Board is governed by the rules of procedure, approved by the

by resolution of the Supervisory Board.



(4) the Supervisory Board shall without delay inform the deficiencies identified in the

activities and management of the Fund, the Ministry, the Government and the Chamber of Deputies

Parliament of the Czech Republic.



(5) the members of the Supervisory Board, it is for the reward, which the Government lays down the

by resolution. Remuneration and reimbursement of wages by employers of members of the Supervisory Board is

cargo on the activities of the Fund pursuant to § 2 (2). 1 (b). k).



(6) the membership of the Supervisory Board is an obstacle to the work of the General

interest under special legislation. ^ 7)



§ 10



The Director of the



(1) the Director is a statutory body of the Fund.



(2) the Director shall, in particular,



and implement the decisions of the Committee) on the mobilisation of the Fund to the action in accordance with

§ 2,



(b)) other measures approved or discussed by the Committee,



(c) the activities of the Fund).



§ 11



The provisions on conflicts of interest



(1) the performance of the Vice-Chairman of the Committee, a member of the Committee, or member of the supervisory

the Council is incompatible with the function of the Director, with the ratio to the Fund

and with features in the management and supervisory bodies of legal entities, which

the Fund's resources have been provided.



(2) the members of the organs of the Fund shall not be employed in employment,

staff or a similar ratio for natural and legal persons, which

have been or are to be made available to the Fund.



(3) the Vice-chairman of the Committee, or a member of the Committee, the Government in the event of a breach

the obligations referred to in paragraphs 1 and 2.



(4) the Fund is entitled to require that the person that referred to the obligations of the

violated, has released the benefit gained. The right to compensation

This does not affect.



§ 12



Employees Of The Fund



(1) on the staff of the Fund, who carry out the activities referred to in section 5 of the

the law on the civil service, are covered by the law on the civil service.



(2) the Fund shall be considered as a business office. For the head of the staff of the Office and

a business is considered to be the Director of the authority; his selection, appointment and dismissal of the

governed by the civil service.



(3) the Supervisor in the staff Office of the Fund is the Ministry.



PART TWO



cancelled



section 13 of the



cancelled



PART THREE



TRANSITIONAL PROVISION



§ 14



The Fund draws up its budget for the year 2000 in response to chapter 327

the State budget for the year 2000 and the budget submitted for approval

The Chamber of deputies of the Parliament of the Czech Republic.



PART FOUR



The EFFECTIVENESS of the



§ 15



This Act shall take effect on 1 January 2000. July 2000.



Klaus r.



Havel, v. r.



Zeman in r.



Selected provisions of the novel



Article. XIV of the Act No. 239/2009 Sb.



Transitional provision



The clearance of accounts under section 8 (2). 2 (a). (c)) Law No.

104/2000 Coll., in the version in force from the date of entry into force of this Act,

performs for the first time for the financial year 2012.



1) § 2 (2). 2 of Act No. 13/1997 Coll., on the road.



2) § 3 (1). 1 Act No. 266/1994 Coll., on rail, as amended by Act No.

23/2000 Sb.



3) section 3 of the Act No. 117/1995 Coll., on inland navigation.



3A) to section 20 of Act No. 77/2002 Coll., on the Czech railways, joint-stock company

the State Organization railway transport route and on the amendment of Act No.

266/1994 Coll., on rail, as amended, and Act No.

77/1997 Coll., on State enterprise, as amended. § 9 para.

1 the first sentence of the law No. 13/1997 Coll. on road traffic, as amended by

Act No. 132/2000 Sb.



3B) § 9 para. the second sentence of the law No. 13/1997 Coll., as amended by Act No.

132/2000 Sb.



3 c) § 18a 18f to Act No. 13/1997 Coll., as amended by law no 256/2002 Sb.



4) Act No. 513/1991 Coll., the commercial code, as amended

regulations.



5) Act No. 13/1997 Coll., as amended by Act No. 101/2000 Sb.



§ 8b paragraph 5a). 3 of law No. 218/2000 Coll. on budgetary rules and the

changes to some related acts (budgetary rules), as amended by

Act No. 480/2004 Coll.



7) § 124 para. 1 of Act No. 65/1965 Coll., the labour code, as amended by law

No. 74/1994 Coll.



8) Act No. 143/1992 Coll., on salary and remuneration for stand-by duty in

the budget and certain other organisations and bodies, as amended by

amended.



9) § 5 (b). and Act No. 243)/2000 Coll., on the budgetary revenue determination

certain taxes to the territorial entities and certain State funds

(the law on budgetary determine taxes), as amended.



10) § 5 (b). (b)) Law No. 243/2000 Coll., as amended.