The Act Of 8 March 1990 On The Municipal Government

Original Language Title: USTAWA z dnia 8 marca 1990 r. o samorządzie gminnym

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ACT

of 8 March 1990

o Local Government

Chapter 1

General provisions

Article 1. [ Local Government] 1. The inhabitants of the municipality create by virtue of the law of the local government.

2. Whenever the law is referred to in the commune, it is a matter of the local government and the relevant territory.

Article 2. [ Municipality] 1. The municipality performs public tasks on its own behalf and on its own responsibility.

2. The municipality shall have legal personality.

3. The self-reliance of the municipality is subject to judicial protection.

Article 3. [ Statue] 1. The state of the municipality is the statute of its statute.

2. The draft statutes of the commune above 300,000 inhabitants shall be agreed with the President of the Council of Ministers at the request of the Minister responsible for the affairs of the public administration.

3. In disputes, the Council of Ministers shall decide.

Article 4. [ Territorial changes] 1. The Council of Ministers, by means of a regulation:

1) create, link, divide and abolibe the municipalities and set their boundaries;

2) give the municipality or city the status of the city and set its limits;

3. establish and amend the names of the municipalities and the seat of their authorities.

2. The regulation referred to in paragraph. 1, may be issued also at the request of an interested municipality council.

3. The establishment and modification of the boundaries of the communes shall be made in a manner which ensures that the municipality of the territory is as homogeneous as possible due to the settling and spatial arrangement, which takes into account social, economic and cultural ties and ensures the ability to perform tasks public.

4. The establishment of the municipality or city status, the establishment of its borders and their change shall be made in a way that takes into account the social and technical infrastructure and the urban layout and the nature of the buildings.

5. The changes referred to in paragraph. 1, as of 1 January.

Article 4a. [ City Status] 1. The issue of the regulation referred to in art. 4 par. 1, requires the Minister responsible for public administration to consult the opinions of the municipalities concerned, preceded by those consultations with the residents, and in the case of changes in the boundaries of the communes that violate the boundaries of the counties or voivodships-in addition to the opinion of the relevant counties or seismics of the voivodships, subject to paragraph 2.

2. Consultation with residents in matters of change of the boundaries of the communes or the boundaries of the city consisting in the exclusion of the area or part of the area of the auxiliary unit of the municipality and its inclusion in the neighbouring auxiliary unit of this municipality or to the neighbouring commune may be limited to:

1) the inhabitants of the auxiliary unit of the municipality affected by the change-by the relevant council of municipalities;

2) residents of the municipalities covered by the change violating the boundaries of the powiats or voivodships-by the respective counties councils or the state's seismics.

3. In the absence of the opinion referred to in paragraph. 1, within 3 months from the date of receipt of the request for an opinion, the requirement of consultation shall be deemed to have been fulfilled.

4. In the event of a local referendum on the establishment, merger, division and abolition of the municipality and the establishment of the boundaries of the municipality referred to in art. 4c, consultations with the residents referred to in paragraph. 1 and 2, shall not be carried out.

Article 4b. [ Conditions for issuing the Regulation] 1. The issue of the regulation referred to in art. 4 par. 1, at the request of the municipal council requires:

1) the request of the council of the municipality preceded by the removal by this council of consultations with the inhabitants, together with the justification and necessary documents, maps and information confirming the validity of the application;

2) the opinions of the councils of the municipalities covered by the application, preceded by the carrying out by these councils of consultations with the residents, and in the case of a change of the boundaries of the commune violating the boundaries of the powiats or voivodships-the opinion of the relevant councils of the districts or seis

3) the opinion of the voyev competent for the municipality or the municipalities covered by the application.

2. The request and the opinions referred to in paragraph. 1, the provisions of art. 4a 2 and 3 shall apply mutatis mutandis.

3. The municipal council shall apply with the application referred to in paragraph. 1, to the Minister responsible for public administration by means of the wojewater, by 31 March.

4. The Council of Ministers shall determine, by means of a regulation, the procedure for the application of the applications referred to in paragraph 1. 1, and the documents to be attached to the application.

Article 4c. [ Local referendum] 1. On the establishment, connection, division and abolition of the municipality and the establishment of the municipal boundaries, a local referendum may be held at the initiative of the inhabitants.

2. With the initiative of holding the referendum referred to in paragraph. 1, there may be only a group of at least 15 citizens referred to in art. 11 (1) 1a of the Act of 15 September 2000. of a local referendum (Dz. U. of 2013 r. items 706, of 2014 items 1871 and from 2015 items 1045 and 1485).

3. The referendum referred to in the paragraph. 1, it shall not be carried out if it is apparent from the analysis carried out before the referendum that, as a result of the division or establishment of new boundaries of the municipality

1) the tax revenue per capita of the municipality within the changed borders or the municipality would be lower than the lowest tax revenues per capita established for individual municipalities in accordance with the Act of 13 November 2003. on the income of local government units (Dz. U. of 2016 r. items 198);

2) the municipality in the changed borders or the municipality created would be less than the smallest in terms of the number of inhabitants of the commune in Poland as at 31 December of the year preceding the announcement of the regulation referred to in art. 4.

4. The analysis referred to in paragraph. 3, make the right water-water.

5. In the case of the initiative of the residents of the referendum referred to in the paragraph. 1, the question contained in the request referred to in art. 15 para. 2 of the Act of 15 September 2000. of a local referendum, should set out in detail the proposed changes to the territorial division of the State.

6. The Wojewoda shall inform the Minister responsible for public administration of the publication in the Voivodship Official Journal of the result of the referendum result referred to in paragraph. 1.

Article 4d. [ Conditions for excluding the power of the Council of Ministers to carry out the amendments referred to in art. 4 par. 1 point 1] The Council of Ministers shall not carry out the amendments referred to in Article 4. 4 par. 1 point 1, if:

Art. 4e. [ Attorney for the merger of municipalities or the creation of a new municipality] 1. In the case of merger of communes or the formation of a new commune, the President of the Council of Ministers, at the request of the voyev notified through the minister competent for public administration, shall appoint a proxy for the merger of the municipalities or the formation of a new municipality of the employees of the subordinates or of the employees of the municipal office of the municipality whose territory is part of the municipality or newly established municipality.

2. Until the merger of the municipalities or the formation of a new municipality, the task of the representative referred to in the paragraph. 1, is the preparation of organizational and legal communes for the performance of public tasks, including the preparation of the draft resolution of the municipal budget in the mode and on the principles laid down in the provisions on public finances.

3. On the day of the merger of the communes or the formation of a new municipality the proxy referred to in the mouth. 1, takes over the performance of the tasks and the competence of their bodies until the day of selection of the new authorities of the municipality, and in the case referred to in art. 390a § 2 of the Act of 5 January 2011. -Electoral Code (Dz. U. Entry 112, of late. zm.)-until the day of the first session of the municipal council convened in art mode. 20 para. 2ba.

Art. 4ea. [ Municipality founded as a result of the merger of the municipalities 1. The communes formed as a result of the merger of the municipalities shall enter into all the rights and obligations of the connected municipalities, including the rights and obligations resulting from the permits, concessions and other administrative acts.

2. The bodies of the municipality formed as a result of the merger of the municipalities shall become the competent authorities or parties to the commenced and incomplete administrative and judicial proceedings.

3. Disclosure in the perpetual books or in the registers of the transition to the municipality referred to in paragraph. 1, the rights disclosed in these books or registers shall be made at the request of the municipality.

4. Where the Regulation on the merger of the municipalities was issued on a request supported by all the councils concerned, the municipalities shall conclude an agreement referred to in art. 44 point 2.

5. Acts of local law established by the authorities of the municipalities before the merger of the communes become acts of the local law of the commune created by the merger of the municipalities, in force in the area of action of the bodies which established them, until the date of entry into force of the new acts of local law established by the municipal authority resulting from the merger of the municipalities, however, no longer than for a period of 3 years from the date of the merger.

Article 4f. [ The designation of the person performing the tasks and powers of the municipal council until the election of the new council] If, as a result of the changes in the territorial division of the State, the Council of the municipality has been governed by law pursuant to Article 4 of the 390 § 5 of the Act of 5 January 2011. -The electoral code, the President of the Council of Ministers at the request of the voyev notified through the Minister responsible for public administration shall designate the person who performs the tasks and powers of the municipal council until the time of the selection of the new council.

Article 5. [ Auxiliary units] 1. The municipality can create auxiliary units: the Soloists and the districts, the settlements and others. The auxiliary unit can also be located in the municipality of the town.

2. An auxiliary unit shall be set up by the municipal council, by way of a resolution, after consultation with the residents or on their initiative.

3. The rules for the creation, merger, division and abolition of the aid unit shall be determined by the statutes of the municipality.

4. (repealed)

Article 5a. [ Consultations with local residents] 1. In the cases provided for by the Law and in other matters important for the municipality, consultations with the inhabitants of the municipality may be carried out in its territory.

2. The rules and mode of conducting consultations with the inhabitants of the commune shall determine the resolutions of the municipal council.

Article 5b. [ Consent to the formation of a youth council of the municipality] 1. The commune shall take action to support and disseminate the idea of self-government among the population of the municipality, including especially among the youth.

2. The municipal council at the request of the interested parties may give its consent to the formation of a youth council of the municipality having a consultative nature.

3. The municipal council, appointing a youth council of the municipality, gives its statute specifying the mode of choice of its members and the principle of action.

Article 5c. [ Municipal Seniors Council] 1. The municipality favors intergenerational solidarity and creates conditions for boosting the civic activity of the elderly in the local community.

2. The municipal council, on its own initiative or at the request of the interested parties, may set up a municipal council of seniors.

3. The senior council of seniors is consultative, advisory and initiative.

4. The Gminna Rada of seniors consists of representatives of the elderly and representatives of the entities acting for the benefit of the elderly, in particular representatives of non-governmental organizations and the entities conducting the universities of the third century.

5. The municipal council, appointing the municipal council of seniors, gives its statute setting out the mode of choice of its members and the principle of action, aiming to exploit the potential of the active organisations of the elderly and the entities acting for the benefit of the elderly, and also provide a smooth way to choose the members of the municipal council of seniors.

6. The municipal council may in the statutes of the aid unit empower it to create a council of seniors of an auxiliary unit. The provisions of the paragraph 3-5 shall apply mutatis mutandis.

Chapter 2

Scope of action and task of the municipality

Article 6. [ Range of municipalities] 1. The scope of activity of the municipality includes all public matters of local importance, unreserved statutes to other entities.

2. If the laws do not provide otherwise, the settlement of the matters referred to in the paragraph shall be 1, belongs to the municipality.

Article 7. [ Native Tasks] 1. To meet the collective needs of the community is one of the municipalities ' own tasks. In particular, the own tasks shall include:

1) spatial charge, real estate management, environmental and nature protection and water management;

2) communal roads, streets, bridges, squares and traffic organizations;

3) water supply and water supply, sewerage, disposal and treatment of municipal wastewater, maintenance of cleanliness and order and sanitation, landfill and disposal of municipal waste, electricity and heat supply, and gas;

(3a) telecommunications activities;

4) local collective transport;

5. health protection;

6. social assistance, including centres and caring facilities;

6a) support for the family and the replacement furnace system;

7) municipal housing construction;

8) public education;

9) culture, including municipal libraries and other cultural institutions and the protection of monuments and the care of the monuments;

10) physical culture and tourism, including recreation areas and sports facilities;

11) fairs and fair halls;

12) communal greenery and revelations;

13) municipal cemeteries;

14) public order and security of citizens and fire and flood protection, including the equipment and maintenance of the municipal flood storage depot;

15) the maintenance of municipal facilities and public utility facilities and administrative facilities;

16) a pro-family policy, including the provision of pregnant women's social, medical and legal services;

17) support and disseminate the idea of self-government, including the creation of conditions for the operation and development of auxiliary units and the implementation of programs for boosting civic activity;

18) promotion of the municipality;

19. cooperation and activities in favour of non-governmental organisations and entities mentioned in art. 3 para. 3 of the Act of 24 April 2003. about the activity of the public benefit and about the volunteer (Dz. U. of 2016 r. items 239);

20) cooperation with local and regional communities of other states.

1a. The provision of the paragraph. 1 point 4 does not apply to municipalities within the metropolitan relationship.

2. The laws determine which tasks of their own municipalities are mandatory.

3. The transfer of new own tasks by the municipality, by means of a statute, requires the necessary financial resources to be provided for their implementation in the form of an increase in the communes ' own income or subsidies. Article Recipe 8 ust. 4 and 5 shall apply mutatis mutandis.

Article 8. [ Commissioned tasks] 1. The Act may impose on the municipality the obligation to perform tasks commissioned from the scope of government administration, as well as from the scope of organising the preparation and holding of general elections and referendums.

2. The tasks in the scope of the government administration may also be executed on the basis of an agreement with the authorities of this administration.

2a. The municipality can perform tasks in the scope of the district's properties and tasks in the scope of the Voivodship property on the basis of agreements with these units of local government.

2b. The assets arising from the agreements referred to in paragraph 1 shall be provided for in paragraph 2. 2 and 2a and in art. 74, adjudicates the general court.

3. The municipality receives the financial resources in the amount necessary to carry out the tasks referred to in the paragraph. 1, 2 and 2a.

4. The detailed rules and time limits for the transfer of funds referred to in paragraph 1. 3, determine the laws requiring municipalities to carry out the tasks of mandated or concluded agreements.

5. In the event of failure to meet the time limits referred to in paragraph. 4, the municipality shall enjoy interest in the amount established for tax arrears.

Art. 8a. (lost power)

Article 9. [ Conducting the municipal economy] 1. In order to perform the tasks the municipality can create organizational units, and also conclude agreements with other entities, including non-governmental organizations.

2. The municipality and the other communal legal person may carry out an economic activity going beyond the tasks of a public utility capacity only in the cases specified in a separate law.

3. The forus of conducting the municipal economy, including the execution by the municipality of tasks of a public utility character, shall be determined by a separate law.

4. Public tasks, within the meaning of the Act, are the own tasks of the commune, specified in art. 7 ust. 1, the aim of which is the current and uninterrupted meeting of the collective needs of the population through the provision of services commonly available.

Article 10. [ Intercommunal cooperation] 1. The performance of public tasks may be carried out by means of cooperation between local government units.

2. Communes, intercommunal associations and associations of local government units may provide assistance, including financial assistance, to each other or other local government units.

Article 10a. [ Units to which the municipality can provide joint service] The Municipality may provide joint service, in particular administrative, financial and organisational:

1) the organisational units of the communes included in the public finance sector,

2) the municipal institutions of culture,

3) another classified as public finances in the municipal legal entities established on the basis of separate laws to perform public tasks, excluding enterprises, research institutes, banks and commercial law companies

-hereinafter referred to as "supported units".

Article 10b. [ Common Service] 1. Joint service may be carried out by the municipal office, other organisational unit of the municipality, the organisational unit of the inter-communal association or the organisational unit of the district-communal association, hereinafter referred to as the "service units".

2. The municipal council in relation to the supported units referred to in art. 10a (1), shall specify, by way of a resolution, in particular:

1) units serving;

2) supported units;

(3) the scope of the duties assigned to the units serving as part of the joint service.

3. Supported units referred to in Art. 10a points 2 and 3, may, on the basis of the agreements concluded by those entities with the servicer, proceed to the joint service, after prior notification of this intention to the development of the mayor. The scope of the joint operation shall be determined by the

4. The serving unit shall have the right to request the unit of information to be handled and to inspread the documentation to the extent necessary for the performance of the tasks within the framework of the joint operation of that unit.

5. An entity shall have the right to request information from the unit of information and to consult documentation on the tasks performed by the operating unit within the framework of the shared service.

Article 10c. [ Common Service Scope] 1. The scope of the joint service may not include the competence of the managers of the entities included in the public finance sector to have public funds and to commit, and to draw up and approve the financial plan; and the transfer of expenditure in that plan.

2. In the case of entrusts with the accounting and reporting obligations of the supported entities referred to in art. 10a (1) and (2), shall be transmitted in full.

Article 10d. [ Authority of a unit serving to process personal data] The supporting entity shall be entitled to the processing of personal data processed by a unit supported to the extent and purpose necessary for the performance of tasks in the framework of joint operation of that unit.

Chapter 3

Municipal authorities

Article 11. [ Forms of Resolutions] 1. The inhabitants of the municipality shall take settlement in the general vote (through elections and referendum) or through the authorities of the municipality.

2. (repealed)

Article 11a. [ Municipal authorities] 1. The bodies of the municipality are:

1) the municipal council;

2) Yvt (Mayor, Mayor of the City).

2. The rules and mode of conducting the elections to the municipal council and the choice of the mayor (mayor, president of the city) shall determine separate statutes.

3. Whenever there is a law in the law, the mayor and the president of the city must also be understood by this.

Article 11b. [ Activities of municipal authorities] 1. The activity of the organs of the municipality is overt. Explicit restrictions can only be the result of a set of laws.

2. Disclosure of the activity of the municipal authorities includes, in particular, the right of citizens to obtain information, admission to the sessions of the municipal council and the meeting of its committee, as well as access to documents resulting from the performance of public tasks, including the protocols meetings of municipal authorities and the committee of the municipal council.

3. The rules of access to documents and use of them shall be defined by the statutes of the municipality.

Article 12. [ Municipal referendum] The rules and procedure for holding the municipal referendum shall be defined by a separate law.

Article 13. (repealed)

Article 14. [ Uglory of the Municipal Council] Resolutions of the municipal council shall be decided by a simple majority of votes in the presence of at least half of the statutory composition of the Board, in an open vote, unless the Act states otherwise.

Article 15. [ Municipal Council] 1. Subject to art. The municipal council of the municipality is the 12th position and control body in the municipality.

2. If the seat of the municipal council is located in a city situated on the territory of this municipality, the council bears the name of the municipal council.

Article 16. [ Council's term of office] The term of office of the commune council lasts 4 years from the day of selection.

Article 17. [ Composition of the Board] 1. The advice shall consist of councils in the number of:

1) fifteen in the municipalities up to 20 000 inhabitants;

2) twenty one in the municipalities up to 50 000 inhabitants;

3) twenty-three in the municipalities up to 100 000 inhabitants;

4) twenty-five in the municipalities of up to 200,000 inhabitants and three for each further commenced 100 000 inhabitants, but not more than forty five councillors.

2. The council of the commune created as a result of the merger of the municipalities, in the first term of office shall enter the counties in number:

1) 20 one in the municipalities up to 20 000 inhabitants;

2) twenty-three in the municipalities up to 50 000 inhabitants;

3) twenty-five in the municipalities up to 100 000 inhabitants and three for each further commenced 100 000 inhabitants, but not more than forty-eight councillors.

Article 18. [ Powers of the Council] 1. The property of the municipal council belongs to all matters remaining within the scope of the operation of the municipality, as long as the laws do not provide otherwise.

2. The sole property of the municipal council shall be:

1) the establishment of the municipal statutes;

2) setting the remuneration of the mayor, making a statement about the directions of his activity, and accepting the reports of his activities;

3) the appointment and cancellation of the treasurer of the municipality, which is the main accounting officer of the budget-at the request of the mayor;

4) adoption of the municipal budget, consideration of the report on implementation of the budget and the taking of resolutions on the grant or failure to grant discharge for this title;

5) the establishment of a study of determinants and directions of spatial development of the municipality and local spatial development plans;

6. establishment of economic programmes;

6a) the adoption of development programmes in accordance with the rules on the principles of development policy;

7) the establishment of the scope of operation of ancillary units, the rules for the transfer of the constituents of property to use, and the rules for the transfer of budget appropriations for the implementation of tasks by these

8) taking resolutions in matters of taxes and charges within the limits set out in separate laws;

9. adopting resolutions on the property of the municipality, exceeding the scope of the ordinary management board concerning:

(a) the rules for the acquisition, disposal and burdening of immovable property and their leasing or renting for a period which is longer than 3 years or for an indefinite period of time, unless specifically provided for in the special law; the resolution of the municipal council is also required in the where, after a contract concluded for a period of up to three years, the parties contain successive contracts for which the same property is the subject; until such time as the rules are laid down, the mayor may carry out these activities only with the consent of the municipal council,

(b) the issue of bonds and the determination of the rules for their divestment, acquisition and redemption by the mayor,

(d) the fixing of the maximum amount of loans and short-term loans contracted by the mayor in the financial year,

(e) commitments in respect of investment and refurbition of values exceeding the limit fixed annually by the municipal council,

(f) the establishment and accession of, and the resolution and distribution of, companies and cooperatives,

(g) the determination of the rules for the payment, withdrawal and disposal of shares and shares by the mayor,

(h) the establishment, liquidation and reorganisation of undertakings, establishments and other communal bodies and equipping them with assets,

(i) fixing the maximum amount of the loans and guarantees provided by the mayor during the financial year;

10) determination of the amount of the sum to which the Vojt can make his own commitments;

11) take a resolution on the acceptance of the tasks referred to in art. 8 ust. 2 and 2a;

12) take resolutions on the matters of interaction with other municipalities and to separate the relevant assets for that purpose;

12a) to adopt resolutions on cooperation with local and regional communities of other countries and to join the international associations of local and regional communities;

13) taking resolutions in matters of the city's coat of arms, the names of streets and squares which are public roads or the names of internal roads within the meaning of the Act of 21 March 1985. o public roads (Dz. U. of 2015 items 460, of late. zm.), as well as the erection of monuments;

14) giving honorary citizenship to the municipality;

14a) taking a resolution on the rules for granting scholarships to pupils and students;

15) Establishment in other matters reserved to the Council of the Municipal Council.

3. (repealed)

4. (repealed)

Art. 18a. [ Review Commission] 1. The municipal council shall control the activity of the mayor, municipal agencies and auxiliary units of the municipality; for this purpose, he shall set up a review board.

2. The review board shall be composed of councillors, including representatives of all clubs, with the exception of councillors performing the functions referred to in art. 19 (1) 1.

3. The review committee gives an opinion on the implementation of the municipal budget and is requested by the municipal council on granting or not giving a discharge to the mayor. The proposal for a discharge shall be given an opinion by the regional Chamber of Auditors.

4. The audit committee shall carry out other tasks commissioned by the Board in the field of inspection. This power shall not affect the powers of control of other committees set up by the Municipal Council on the basis of Article 4. 21 (1) 1.

5. The rules and mode of operation of the review committee shall be determined by the statutes of the municipality.

Article 19. [ President of the Council] 1. The municipal council shall elect its chairman and 1-3 vice-presidents by an absolute majority of votes in the presence of at least half of the statutory composition of the council, in a secret ballot.

2. The task of the President shall be solely to organise the work of the Board and to hold the deliberations The President may appoint a Vice-Chairperson to perform his duties. In the absence of the President and the appointment of the Vice-President, the President's duties shall be exercised by the Vice-Presidents of the oldest

3. (repealed)

4. The appeal of the President and Vice-Presidents shall take place upon the application of at least 1/4 of the statutory composition of the municipal council in the mode specified in the paragraph. 1.

5. In the event of the resignation of the Chairman or Vice-President, the Board shall adopt a resolution on the acceptance of this resignation not later than within 1 month from the day of the resign

6. Failure to adopt the resolution referred to in paragraph 1. 5, within 1 month of the date of the resignation by the Chairman or Vice-President, shall be tantamount to the adoption of the municipal council's resignation on the last day of the month in which the resolution should be taken.

7. In the event of cancellation or acceptance of the resignation of the President and the Vice-Presidents and the failure of their place of persons to perform these functions within 30 days from the date of acceptance of the resignation or from the date of cancellation, the session of the municipal council for the selection the chairman shall convene the voyewater. The session shall be convened for a day falling within 7 days after the expiry of the time limit referred to in the first sentence.

8. The session of the council of the municipality referred to in the paragraph. 7, until the election of the President leads the eldest of the councillors present at the session, who expressed his consent to hold the session.

Article 20. [ Council Sessions] 1. The municipal council shall deliberate on the sessions convened by the Chairperson as necessary, at least once a quarter. The notice of convening the session shall be accompanied by the agenda as well as the draft resolutions.

1a. The municipal council may make changes in absolute order by a majority of votes of the statutory composition of the Board.

2. The first session of the newly elected municipal council shall be convened by the electoral commissioner for the day falling within 7 days after the announcement of the summary results of the elections to the councils in the area of the country.

2a. (repealed)

2b. In the case of early elections, the first session shall be convened by the person whom the President of the Council of Ministers has appointed to perform the functions of bodies of local government units. The provisions of the paragraph 2 shall apply mutatis mutandis.

2ba. The first session of the municipal council resulting from the merger of the municipalities or the council of the newly established municipality will convene the electoral commissioner for the day falling within 7 days after the day of the announcement of the results of the elections to the council, and in the case referred to in art. 390a § 2 of the Act of 5 January 2011. -The electoral code, for the day falling within 7 days from the date of the commencement of the municipality.

2c. The first session of the newly elected municipal council, until the election of the President of the Board, leads the oldest councillor's age present at the session.

3. At the request of the mayor or at least 1/4 of the statutory composition of the municipal council, the Chairperson shall be obliged to convene a session for the day falling within 7 days from the day of submission of the application. A request to convene a session should meet the requirements set out in the paragraph. 1 in the second sentence.

4. To change the agenda of the session convened in the mode specified in the paragraph. 3. the provisions of paragraph 3 shall apply 1a, except that the consent of the applicant is additionally required.

5. At the request of the mayor, the chairman of the municipal council is obliged to introduce to the agenda of the nearest session of the commune council a draft resolution, if it has affected the council of the municipality at least 7 days before the commencation of the council session.

Article 21. [ Fixed and ad-hoc Commissioners] 1. The municipal council from its grave may establish permanent and ad hoc committees for specific tasks, setting out the subject matter of the action and the composition of the person.

2. (repealed)

3. The Commission shall be subject to the municipal council, shall submit its working plan and reports on the activities.

4. Non-members may attend meetings of the committee. They may take the floor in the discussion and make proposals without the right to participate in the vote.

Article 22. [ Municipality statute] 1. The internal organisation and the operating mode of the municipal authorities shall determine the statutes of the municipality.

2. The statutes of the municipality shall be published in the voivodship journal.

Article 23. [ Radny] 1. Radny is obliged to follow the good of the community of local government. Councillors maintain a permanent link with the residents and their organisations, and in particular it accepts the postulates of the municipality and presents them to the authorities of the municipality for consideration, but is not bound by the instructions of the voters.

2. Councillors may create councillors, acting on the basis of the rules laid down in the municipal statutes.

Art. 23a. [ Wedding] 1. Before commencing the execution of the mandate, the radays shall make a vow:

"The faithful of the Constitution and the law of the Republic of Poland, I vow to solemnly perform the duties of councillors with dignity, integrity and honesty, bearing in mind the good of my municipality and its inhabitants".

2. The wedding takes place in such a way that, after reading the roth, the days of the ravings are created and the word "vow" is pronounced. The vow can be made with the addition of the sentence: "So help me God".

3. Radni not present at the first session of the municipal council and the councils who have obtained a mandate during the term of office shall make a vow at the first session on which they are present.

4. (repealed)

Article 24. [ Duties of Councillors] Councillors shall be obliged to take part in the work of the municipal council and its committees and other local authorities to which it has been elected or destached.

Article 24a. [ Prohibition of working relationship] 1. With a councillor cannot be established a relationship of work at the office of the municipality in which the councillor has obtained a mandate.

2. Counsellor cannot perform the function of the head of the municipal organizational unit and of his deputy.

3. (repealed)

4. (repealed)

Article 24b. [ Unpaid Leave] 1. The person elected to the councillor shall not perform work in the employment relationship at the office of the municipality in which he/she has obtained the mandate, and perform the functions of the manager or his deputy in the organisational unit of that municipality. Prior to the exercise of the mandate, this person shall be required to apply for free leave within 7 days from the date of the announcement of the results of the election by the competent electoral authority.

2. The Radny referred to in paragraph 1, shall receive unpaid leave for the term of office and 3 months after the term of office has expired.

3. Radny receives a holiday free of charge regardless of the type and duration of the employment relationship. The ratio of work concluded for a fixed period, which would have set before the due date of the free leave, is extended to 3 months after the end of this leave.

4. In the case of a councillor performing the function of the manager or his deputy in the business unit, taken over or established by the municipality during the term of office, the term referred to in paragraph. 1, it shall be 6 months from the date of the acquisition or establishment of that unit.

5. Failure to submit by the rejoinder of the application referred to in paragraph. 1, is tantamount to renouncing the mandate.

6. The provisions of the paragraph. 1-5 shall apply mutatis mutandis in the case of the appointment of the Board's mandate by a resolution of the municipal council decided on the basis of the provisions of the Act of 5 January 2011. -Electoral Code.

Article 24c. [ Restoration to work] After the end of the term of office, the employer shall return to work on the same or an equivalent working position with a remuneration corresponding to the remuneration he would have received if he had not been entitled to leave his or her unpaid leave. Councillors shall declare their willingness to join the work within 7 days from the date of expiry of the mandate.

Article 24d. [ Prohibition of working on the basis of a civil-law contract] The mayor cannot entrust the councillor with the municipal councillor, in which he has obtained a mandate, to perform work on the basis of a civil-law contract.

Art. 24e. [ Prohibition of additional classes] 1. Radni may not take additional classes or receive donations that may undermine the confidence of voters in the exercise of their mandate in accordance with art. 23a ust. 1.

2. Radni shall not invoke his or her mandate in connection with any additional activities or activities carried out on his own account or in association with other persons.

Article 24f. [ Restrictions on the economic activities of councillors] 1. Radni shall not conduct business activities on his own account or jointly with other persons using the municipal property of the municipality, in which the councillor obtained the mandate, as well as to manage such activity or be representative or a proxy for the conduct of such activity.

(1a) If the councillor before the start of the mandate, he has carried out the economic activities referred to in paragraph 1. 1, is obliged to cease conducting this business activity within 3 months from the date of submission of the oath. Failure to comply with the obligation referred to in the first sentence shall give rise to the finding of the expiry of the mandate of the councillor in accordance with Article 4 ( 383 of the law referred to in art. 24b ust. 6.

2. Radni and their spouses and spouses of the voters, deputies of the voters, the municipal secretaries, treasurers of the commune, managers of organizational units of the municipality, and the managers and members of the governing bodies of the municipal legal persons shall not be members of management or control and audit authorities, or agents of commercial companies with the participation of communal legal persons or entrepreneurs in which such persons participate. The choice or appointment of these persons for these functions is by virtue of law invalid.

3. (repealed)

4. If the choice or appointment referred to in paragraph 1 2, prior to the commencement of the duties of the Councillor or the day of the election of the Mayor or before the appointment of the Secretary of the Municipality, the appointment of the Deputy Mayor, the Municipal Treasurer, the Head of the Municipality's organisational unit, and the person the managing authority and the member of the management body of the municipal legal person, the persons referred to in paragraph 1. 2, are obliged to relinate the position or function within 3 months from the date of the wedding by the councillor or the mayor or from the day of employment on the basis of a contract of employment or appointment. If the position or function of the person referred to in paragraph is not renounced. 2, they shall lose them from the power of the law after the expiry of the period referred to in the first sentence.

5. Radni shall not hold a package of more than 10% of shares or shares in companies of commercial law with the participation of communal legal persons or entrepreneurs in which such persons participate. Shares or shares in excess of that package should be disposed of by councillors before the first session of the municipal council, and in the absence of them, they shall not participate during the term of office and two years after its expiry in the exercise of their respective duties. rights (voting rights, dividend rights, rights to the distribution of assets, rights of collection).

6. (repealed)

Article 24g. (repealed)

Art. 24h. [ Statement of Asset Condition] 1. Radny, wójt, deputy mayor, municipal secretary, municipal treasurer, head of the commune's organisational unit, managing person and member of the municipal body of the municipal legal person, and the person issuing administrative decisions on behalf of the mayor are required to to make a declaration of its assets, hereinafter referred to as 'the declaration of property'. The declaration of property concerns their separate assets and assets covered by the matrimonial property. The declaration of property shall contain information on:

1) cash, real estate, shares and shares in commercial companies and the acquisition from the State Treasury, another state legal entity, local government units, their relationships or from the municipal legal entity of property which was subject to divestment by tender, as well as data on the conduct of economic activities and the occupancy of positions in commercial companies;

(2) income from employment or other gainful activity or classes, with the amounts obtained from each title;

3) a movable property with a value of more than 10 000 zlotys;

4) monetary liabilities with a value of over 10 000 zlotys, including borrowings and loans and the conditions under which they were granted.

2. The person making the declaration of property shall determine in it the belonging of the individual assets, income and liabilities to the separate assets and assets covered by the matrimonial property of the property.

3. The declaration of property together with a copy of its testimony about the amount of the income achieved in the tax year (PIT) for the previous year and its correction shall consist in two copies:

1) councillor-chairman of the municipal council;

2) wójt, chairman of the municipal council-wojewoda;

3) deputy mayor, municipal secretary, municipal treasurer, head of the commune's organisational unit, managing person and member of the management body of the municipal legal person, and the person issuing administrative decisions on behalf of the mayor-mayor.

4. Radny and wójt shall submit the first declaration of property within 30 days from the date of submission of the oath. The first declaration of the property shall be accompanied by an indication of the method and timing of the cessation of business activity using the property of the municipality in which it has been given a mandate and the mayor's notice of ceasing to conduct the business economic activity, if such activities were carried out before the day of choice. Subsequent declarations of property shall be made by the councillor and the mayor every year until 30 April, as at 31 December of the previous year, and 2 months before the expiry of the term of office.

5. Deputy Mayor, the municipal secretary, the municipal treasurer, the head of the commune's organisational unit, the managing person and a member of the governing body of the municipal legal person, and the person issuing administrative decisions on behalf of the mayor shall make the first statement the assets within 30 days from the date of appointment to the post or from the date of employment. For the first declaration of the property, deputy mayor, municipal secretary, municipal treasurer, head of the commune's organisational unit, managing person and member of the management body of the municipal legal person, and the person issuing administrative decisions on behalf of The latter shall be obliged to include information on the manner and timing of the cessation of business activity, if they have led it before the date of appointment or employment. Subsequent declarations of property shall be submitted by them each year to 30 April, as at 31 December of the preceding year, and on the day of cancellation of the post or termination of the employment contract.

5a. If the time limits set out in paragraph 4 or 5 shall not be kept, respectively, the chairman of the municipal council, the wojewoda or wójt within 14 days from the date on which the failure to meet the deadline is requested by the person who has not made the statement to his immediate submission by appointing an additional a 14-day deadline. That period shall be counted from the date of effective delivery of the summon.

6. The analysis of the data contained in the declaration of property shall be carried out by the persons to whom the declaration of property has been submitted. The persons to whom a declaration of property has been made shall transmit one copy to the treasury responsible for the place of residence of the person submitting the declaration of property. The declaration of property shall be kept for 6 years.

7. The analysis of the data contained in the declaration of property shall also carry out the tax office competent due to the place of residence of the person making the declaration of property. In analysing the declaration of property, the tax office shall also take into account the testimony of the amount of the income achieved in the tax year (PIT) of the spouse of the person making the statement.

8. The subject of the analysis referred to in paragraph 1. 6 and 7, is entitled to compare the content of the analyzed declaration of property and the attached copy of the testimony of the amount of the income achieved in the tax year (PIT) with the content of previously submitted declarations of assets and with attached to them copies of testimonies of the amount of income achieved in the tax year (PIT).

9. In case of suspicion that a person making a declaration of property has given the truth or withheld the truth in it, the entity making the analysis of the statement occurs to the Director of the tax control office competent for the person's place of residence a statement of the request for the control of its declaration of property.

10. In the case of refusal to initiate the control of the declaration of the property, the entity which lodged the application in this case shall have recourse to the General Tax Inspectorate.

11. The provisions of the Act of 28 September 1991 shall apply to the proceedings on the control of the declaration of property. about the treasury control (Dz. U. of 2015 items 553, of late. zm.) concerning the control of the declarations of property of persons employed or serving in the organisational units of the subordinate to the Minister responsible for public finance.

12. The entity carrying out the analysis of property declarations by 30 October of each year shall provide the commune council with information on:

1) persons who have not made a declaration of property or have filed them after the deadline;

2) irregularities found in the analysis of the property statements together with their description and the indication of the persons who made the incorrect statements;

3) the actions taken in connection with irregularities found in the analysis of the property statements.

13. The President of the Council of Ministers shall determine, by means of a regulation, the model form of the property statement of the councillor and the model form of the declaration of property of the mayor, deputy mayor, the municipal secretary, the municipal treasurer, the head of the municipality's organisational unit, the managing person and the member of the governing body of the municipal legal person and of the person issuing administrative decisions on behalf of the mayor, having regard to the prohibitions specified in relation to those persons in the provisions of the Act of 21 August 1997. of a restriction on the conduct of business activities by persons performing public functions (Dz. U. 2006 r. items 1584, 2008 items 1458, of 2009 items 1375, of 2010 items 1228 and from 2015. items 1635).

Article 24i. [ Disclosure of information] 1. The information contained in the declaration of property shall be overt, with the exception of the information on the address of the residence making the declaration and the location of the property.

2. The wojewoda and the chairman of the municipal council shall provide the mayor copies of the property statements that have been submitted to them.

3. The explicit information contained in the declaration of assets shall be made available in the Public Information Bulletin, as referred to in the Act of 6 September 2001. on access to public information (Dz. U. of 2015 items 2058 and from 2016. items 34).

Art. 24j. (repealed)

Article 24k. [ Effects of non-declaration] 1. Failure to submit a declaration of property despite the expiry of the additional time limit referred to in art. 24h ust. 5a by:

(1) a councillor or mayor shall give an expiry of the term of office in accordance with the provisions of Article 383 or Art. 492 of the law referred to in art. 24b ust. 6;

2) the deputy mayor, the municipal secretary, the municipal treasurer, the head of the municipality's organisational unit, the managing person and a member of the management body of the municipal legal person, and the person issuing administrative decisions on behalf of the mayor-causes loss of them salaries for the period from the date on which the statement should be submitted by the date on which the declaration is made.

2. If the treasurer of the commune does not submit within the period of the declaration of property, the council of the municipality refers it, by way of a resolution, at the latest 30 days from the date of expiry of the time limit for making a statement.

3. If the municipal secretary, deputy mayor, head of the municipality's organisational unit, the managing person and a member of the management body of the municipal legal person and the person issuing administrative decisions on behalf of the mayor will not deposit within the period of the statement assets, the competent authority shall cancel or terminate the contract with them at the latest 30 days after the date on which the declaration is due.

4. Appeal and termination of the contract of employment in the mode specified in the paragraph. 2 and 3 shall be tantamount to termination of a contract of employment without notice on the basis of art. 52 § 1 point 1 of the Labour Code.

Article 24l. [ Criminal liability] Giving the truth or conceal the truth in a declaration of property shall result in liability under the art. 233 § 1 of the Penal Code.

Art. 24m. [ Prohibition to receive benefits from a subsidiary] 1. Wójt, deputy mayor, treasurer of the commune, municipal secretary, head of the commune's organisational unit, managing person and member of the governing body of the municipal legal person, and the person issuing administrative decisions on behalf of the mayor in the course of the functions or duration of the employment and for a period of three years after the termination of the duties or the establishment of employment may not accept any provision of a property, whether free of charge or not, at a rate lower than that of the real estate values from the entity or entity dependent on it, if taking part in the release the decisions on individual cases concerning him/her had a direct impact on his/her content.

2. A dependent entity within the meaning of the paragraph. 1 is the entity in which:

1) the entrepreneur has, directly or indirectly, the majority of the votes in his or her organs, also on the basis of agreements with other partners and shareholders;

2) the entrepreneur is entitled to appoint or dismiss a majority of the members of the governing bodies of the subsidiary;

3) more than half of the members of the board of the entrepreneur are both members of the management board or persons performing managerial functions in the entity remaining with the entrepreneur in relation to the relationship.

3. The ban referred to in paragraph. 1, does not concern the acquisition of the subject or the service available in the public offer, and does not apply to the items customarily used for advertising and promotional purposes and prizes awarded in competitions for artistic activity.

Article 25. [ Legal protection] (1) In connection with the exercise of the mandate, the councillor shall enjoy the legal protection provided for by public officers.

2. A solution with a councillor of the employment relationship requires prior approval of the municipal council of which he is a member. The Council of the Municipality shall refuse authorisation to terminate the employment relationship with the councillor if the termination of this relationship is based on the events connected with the exercise of the Councillor's mandate.

3. The employer shall be obliged to dismiss the councillor from his professional work in order to enable him to take part in the work of the municipal authorities.

4. On the basis of the rules fixed by the council of the councillor of the councillor, the allowances and reimbursement of

5. (repealed)

6. The amount of the councillor's allowances may not exceed during the month a total of the semi-torrential amount of the basic amount specified in the Finance Act for the persons occupying the managerial positions of the State on the basis of the provisions of the Act of 23 December 1999 on the shaping of remuneration in the state budget sphere and on the revision of certain laws (Dz. U. of 2015 items 2030 and 2199 and 2016 items 178).

7. The Council of Ministers shall determine, by way of regulation, the maximum amount of allowances due to the councillor within a month, taking into account the number of inhabitants of the municipality, the amount referred to in the paragraph. 6 means the maximum amount of diets in the municipalities with the highest number of inhabitants.

8. The municipal council shall take into account the functions performed by councillors in determining the amount of the councillor's allowances.

9. (repealed)

10. The Minister responsible for public administration will determine, by means of a regulation, the way in which the fees for reimbursement of travel expenses are to be fixed, taking account of the advisability of reimbursement of the expenditure actually incurred in connection with the the implementation of the mandate and facilitation of settlement.

Article 25a. [ Exclusion on grounds of legal interest] A councillor shall not take part in a vote or vote in the committee if it concerns his or her legal interest.

Article 25b. [ Prohibition of merger of the mandate] The mandate of the municipal councillor cannot be combined with:

1) the mandate of a Member or a senator;

2) carrying out the functions of the wojewater or vice-wojewater;

3) membership in the body of another local government unit.

Article 26. [ Executive Body] 1. The executive body of the municipality is the mayor.

2. The terms of office of the mayor shall begin on the day of commencment of the term of office of the municipal council or the election of it by the municipal council and the passage of the term of office of the commune

2a. Wójtem (the mayor, the president of the city) cannot be a person who is not a Polish citizen.

3. The mayor is the executive body in the municipality, where the seat of the authorities is located in the city situated on the territory of this municipality.

4. In cities of more than 100,000 inhabitants, the executive organ is the president of the city. This also applies to cities where, up to the date of entry into force of this Act, the President of the city was the executive and managing body.

5. (repealed)

Art. 26a. [ Deputy Mayor] 1. The appointment, by way of order, shall be appointed and referred to by the Deputy or the alternates and shall specify the number thereof.

2. The number of deputies of the voters shall not be greater than:

1) one in the municipalities up to 20,000 inhabitants;

2) two in the municipalities up to 100 000 inhabitants;

3) three in the municipalities up to 200,000 inhabitants;

4) four in the municipalities of over 200,000 inhabitants.

3. Where the number of deputies specified by the mayor is greater than one, the order referred to in paragraph shall be more than one. 1, the mayor points out to the first and successive deputies.

Article 27. [ Prohibition of link to function] The function of the wójt and its alternates shall not be combined with:

1) the function of the mayor or his deputy in another municipality;

2. membership in the bodies of local government units, including the municipality in which it is the mayor or deputy of the mayor;

3) employment in government administration;

4) the mandate of a Member or a senator.

Article 28. [ Application of provisions of the Act] A provision of art shall apply mutatis mutandis to the mayor and his deputies. 24e ust. 1.

Article 28a. [ Resolutions on discharge] 1. The praise of the municipal council on the failure to grant the mayor discharge, taken after 9 months from the date of the election of the mayor and no later than nine months before the end of the term of office, is equivalent to taking the initiative of holding a referendum in the the case of appeal. Before adopting a resolution on the granting of discharge to the mayor, the Council of the Municipality shall review the application and the opinion referred to in Article 4. 18a par. 3.

2. The honour of the discharge of the municipal council shall be taken by an absolute majority of votes of the statutory composition of the municipal council.

3. The municipal council may take a resolution to hold a referendum on the appeal of the mayor due to the reason referred to in the paragraph. 1 in the session convened not earlier than after 14 days from the date of the resolution on the failure to grant the vote of discharge.

4. Prior to the adoption of the resolution referred to in paragraph 1. (3) The Council of the municipality becomes aware of the opinion of the Regional Chamber of Auditors on the resolution of the Municipal Council not to give a discharge to the Head of the Municipality and to listen to the explanations of the Mayor.

5. The glory referred to in the mouth. 3, the municipal council shall take an absolute majority of votes of the statutory composition of the Board, in a roll-call vote.

Article 28b. [ Referendum on the appeal of the mayor] 1. The municipal council, after 9 months from the date of the election of the mayor and no later than nine months before the end of the term of office, may take a resolution to hold a referendum on the appeal of the mayor for reasons other than failure to give discharge to the mayor only at the request of at least 1/4 of the statutory composition of the Board.

2. The application referred to in paragraph 2. 1, requires the written form and reasons for the reason for the appeal and is subject to an opinion by the review board.

3. The municipal council may take a resolution to hold a referendum on the appeal of the mayor at a session convened not earlier than after 14 days from the day of submission of the application referred to in the paragraph. 1.

4. The glory referred to in the mouth. 3, the municipal council shall act by a majority of at least 3/5 votes of the statutory composition of the Board, in a roll-call vote.

Article 28c. [ The reference of the mayor or mayor] If requested in accordance with art mode. 28b the request for a resolution to hold a referendum on the cancellation of the mayor has not obtained the required majority of votes, another application may be reported in this mode not earlier than after 12 months from the previous vote.

Article 28d. [ Pre-term elections] 1. In the event of the expiry of the mandate of the mayor before the expiry of the term of office, a pre-term elections shall be held under the rules laid down in the law referred to in art. 24b ust. 6.

2. The elections shall not be carried out if the date of the pre-term elections is to fall within six months of the end of the term of office of the mayor. The pre-term elections shall also not be held if the election date is less than 6 and less than 12 months before the end of the term of office of the mayor and the council within 30 days of the resolution of the decision. the expiry of the mandate of the mayor will take a resolution on the failure to make an election.

Article 28e. [ Expiry of the term of office of the mayor] The expiry of the mandate of the mayor before the expiry of the term of office shall be tantamount to the cancellation of his or her replacement.

Article 28f. [ Wójta Function] 1. In the event of the expiry of the mandate of the mayor before the expiry of his term of office, until the appointment of the newly elected mayor, a person appointed by the President of the Council of Ministers shall take up his duties.

2. In the event of the expiry of the mandate of the mayor during the term of office by the person referred to in art. 28h, this person is the role of the mayor until the newly elected mayor takes up his duties.

Article 28g. [ Transient obstacle] 1. In the event of a transitory obstacle to the performance of tasks and competencies of the mayor, caused by one of the following circumstances:

1. provisional arrest,

2) holding a custodial sentence against a non-intentional offense,

3) sanction of detention,

4) incapacity for work due to a disease lasting more than 30 days,

5) suspension in business activities

-his tasks and responsibilities shall be taken over by the Deputy, and in the municipalities where more than one alternate is appointed, the first deputy.

2. If an alternate or a first alternate has not been established in accordance with the procedure laid down in Article 4, 26a, in the event of a transitory obstacle to the performance of the tasks and competences of the mayor, caused by one of the circumstances referred to in paragraph 1, 1, tasks and competences of the mayor takes over the person referred to in art. 28h.

3. In the event of a transitory obstacle to the performance of tasks and competences by the Deputy or the first Deputy, caused by one of the circumstances referred to in the paragraph. 1, tasks and competences of the mayor takes over the person referred to in art. 28h.

3a. Where a temporary obstacle to the performance of tasks and competencies of the mayor is caused by one of the circumstances referred to in paragraph 1, the following shall be taken into consideration. 1, shall exist prior to the submission by the vow of vows, tasks and competencies of the mayor takes over the person referred to in art. 28h.

4. The confirmation of the existence of the circumstances referred to in the paragraph. 1, shall be as follows:

1) the notice of the employer referred to in art. 261 § 3 of the Code of Criminal Procedure-in the case of the circumstances referred to in the paragraph. 1 point 1;

2) the summage of the court to serve a custodial sentence or a detention order-in the case of the circumstances referred to in the paragraph. 1 points 2 and 3;

3. the medical certificate referred to in the Act of 25 June 1999. on social security benefits in the event of sickness and maternity (Dz. U. of 2014 items 159 and of 2015 items 1066, 1217, 1220 and 1268)-in the case of the circumstances referred to in the paragraph. 1 point 4;

4) the order of the procurator or the order of the court of application of the preventive measure in the form of suspension in the business activities referred to in art. 276 of the Act of 6 June 1997. -Code of Criminal Procedure (Dz. U. Entry 555, z późn. zm. zm.)-in the case of the circumstances referred to in paragraph. 1 point 5.

5. The summings referred to in paragraph. 4 point 2, the court shall send the President of the Board.

5a. The provisions referred to in paragraph 1. 4 point 4, the court or prosecutor shall send the chairman of the council.

6. Substitute, first deputy or the person referred to in art. 28h, performs the tasks and competencies of the mayor:

1) from the day of detention until the day of release-in the case of the circumstances referred to in the paragraph. 1 point 1,

2) from the day indicated in the call to appear in the detention facility until the day of release-in the case of the circumstances referred to in the mouth. 1 points 2 and 3,

3) during the period indicated in the medical certificate-in the case of the circumstances referred to in the mouth. 1 point 4,

4) during the period of suspension in business activities

-in the case of the circumstances referred to in paragraph 1. 1 point 5, however, no longer than the date of expiry of the mandate of the mayor.

7. Within 48 hours of the notification of the occurrence of one of the circumstances referred to in paragraph. 1, the President of the Board shall inform the water of water about the occurrence of such a circumstance, and:

1) taking over the tasks and competences of the votive by the deputy or the first deputy, or

2) the necessity of designating the person referred to in art. 28h-in connection with the provision of the paragraph. 2, or

3) the necessity of designating the person referred to in art. 28h-in connection with the provision of the paragraph. 3.

Article 28h. [ Takeover of the tasks of the mayor] In the cases referred to in art. 28g ust. 2, 3 and 3a, the President of the Council of Ministers, at the request of the voyeon handed over immediately through the Minister responsible for public administration, shall designate the person who takes over the performance of the duties and competences of the mayor.

Article 29. [ Appointment of term of office] 1. After the expiry of the term of office, he shall remain in office until such time as the newly elected mayor takes up his duties, or the person whom the President of the Council of Ministers has appointed to perform the function of the mayor.

2. After the expiry of the term of office, the Deputy Mayor shall fulfil his duties until such time as the newly appointed Deputy Head of State shall assume his duties.

Article 29a. [ Taking up obligations] 1. The concept of duties by the mayor shall take place upon submission to the board of the municipality of oath of the following contents:

"By holding the office of the mayor (mayor, president) of the municipality (the city), I solemnfully pledge that I will give up faithfulness to the law, and I will be entrusted with the office to exercise only for the public good and the well-being of the inhabitants of the municipality (of the city)." The vow can be made with the addition of a sentence: "So help me God."

2. In order to submit a vow by the mayor, the electoral commissioner shall convene a session of the council for the day falling within 7 days from the day of the announcement of the summary results of the elections of the voters in the area of the country.

3. If the session is convened in accordance with the mode specified in paragraph. 2 has not taken place, the mayor makes a vow of the content specified in the mouth. 1 before the competent electoral commissioner. The filing of the vow of the Vojt confirms the signature of the vow. The election of the electoral commissioner shall be sent without delay to the chairman of the Information on the date of submission of the vow of the electoral commissioner shall make public the inhabitants of the municipality in the form of a communication in the Public Information Bulletin within 14 days from the date of submission of the oath.

4. Misuse from the filing within 3 months from the day of the announcement of the results of the election of the mayor is tantamount to refusing to make a pledge.

Article 30. [ Mayor Tasks] 1. Wójt performs resolutions of the municipal council and the task of the municipality defined by the provisions of the law.

2. The tasks of the mayor shall be in particular:

1) preparing draft resolutions of the municipal council;

(1a) developing development programmes in accordance with the rules on the principles of development policy;

2. determining the manner in which resolutions are executed;

(3) the management of municipal housing;

4. implementation of the budget;

5) hiring and relieving the managers of municipal agencies.

6) (repealed)

3. In the implementation of the communes ' own tasks shall be subject only to the council of the municipality.

Article 31. [ Labour Organization] The mayor directs the local affairs of the municipality and represents it externally.

Art. 31a. [ Operational Plan] Wójt develops the operational plan for the protection against flooding and announces and cancels the emergency and flood alarm.

Article 31b. [ Evacuation from areas directly threatened] 1. If, in a different way, no direct danger can be removed for the lives of people or for property, the mayor may order the evacuation from the areas directly threatened.

2. In the event of a state of natural disaster, the mayor shall act on the basis of the rules laid down in separate regulations.

Article 32. (repealed)

Article 33. [ Office of the Municipality] 1. Wójt performs the tasks with the help of the municipal office.

2. The organization and rules of operation of the municipal office shall determine the organisational rules, given by the mayor by way of management.

3. The manager of the office is the votive.

4. The chief may entrust the conduct of specific matters of the municipality on his behalf to the Deputy Mayor or the Secretary of the Municipality.

5. The Head of the Office shall exercise the powers of the Head of the Office in relation to the employees of the Office and the managers of the municipal agencies.

6. The legal status of the local staff shall be determined by a separate law.

Article 34. (repealed)

Article 35. [ Distinct statutes] 1. The organization and scope of operation of the auxiliary unit shall be determined by the commune council with a separate statute, after consultation with the inhabitants.

2. The statutes may provide for the establishment of a lower order unit within the aid unit.

3. The statutes of the aid unit shall specify in particular:

1) the name and area of the auxiliary unit;

2) the rules and mode of the election of the bodies of the aid unit;

(3) the organisation and tasks of the bodies of the aid unit;

4) the scope of tasks transferred to the entity by the municipality and the way of their implementation;

5) the scope and forms of control and supervision of the municipality bodies over the activities of the bodies of the aid unit.

Article 36. [ Organs in sołecteal] 1. The organ of the resolution in the soloist is a rural meeting, and the executive-sołtys. The activities of the sołtisa are supported by the board of the sołeck.

2. Soltys and members of the sołecka council shall be elected in a secret ballot, direct, among the unlimited number of candidates, by the permanent residents of the sołectwa entitled to vote.

3. Sołtys benefits from the legal protection of public officers.

Article 37. [ Organs in the District] 1. The organ of the resolution in the district (settlement) is the council with the number of members established according to art. 17, but not more than 21.

2. The executive body in the district (settlement) is the Management Board. The chairman shall be headed by the Board.

3. The Chairperson of the Management Board shall enjoy the legal protection of public officers.

4. The statute of settlements may determine that in the settlement organ the resolution is the general meeting of the inhabitants. The general meeting shall be selected by the management board of the housing estate; 36 ust. 2 shall apply mutatis mutandis.

Article 37a. [ Chairman of the executive body of the aid unit] The chairman of the executive body of an aid unit may participate in the work of the municipal council on the principles laid down in the municipal statute, without the right to participate in the vote. The chairman of the municipal council is obliged each time to notify, on the same terms as the councillors, the chairman of the executive body of the aid unit of the municipal council session.

Article 37b. [ Council Rules] 1. The municipal council may lay down the rules on which the chairman of the executive body of the aid unit will be entitled to the diet and reimbursement of the expenses of the business trip.

2. The municipal council may establish the rules on which members of the executive body of the auxiliary body and the members of the district council (osiedla), the sołecka council, will have a diet or reimbursement of the expenses of the business trip.

Article 38. [ Distinctiveness of Communes ' regime] The specialities of the municipalities, which perform tasks of a specific nature, determine the appropriate laws. This applies in particular to health-based municipalities.

Article 39. [ Issuance of individual decisions] 1. Decisions in individual matters of public administration shall be issued by the mayor, unless the special provisions provide otherwise.

2. The genocide may authorize its deputies or other employees of the municipal office to issue the administrative decisions referred to in the mouth. 1, on behalf of the mayor.

3. (repealed)

4. The municipal council may also authorise the executive body of the aid unit as well as the bodies of the entities and entities referred to in Article 4 to deal with individual matters of public administration. 9 ust. 1.

5. From the decision issued by the mayor or the body referred to in paragraph. 4, it shall serve to appeal to the local authority of the Board of Appeal, except where otherwise provided for in the specific provision.

Article 39a. (repealed)

Chapter 4

Acts of local law established by the municipality

Article 40. [ Renewal of Acts of Local Law] 1. On the basis of statutory authorisations, the municipality shall be entitled to act by local laws in force in the area of the municipality.

2. On the basis of this Act, the municipal authorities may issue acts of local law in the scope of:

1) the internal system of the municipality and the auxiliary units;

2) the organization of offices and communal institutions;

3) the rules of the management board of the municipality;

4) the rules and mode of use of municipal facilities and public utility facilities.

3. In an unregulated range in separate laws or other provisions of the universally applicable law, the municipal council may issue ordinal provisions, if this is necessary for the protection of the life or health of citizens and for the assurance of order, tranquility and public safety.

4. The ordinal provisions referred to in paragraph 1. 3, they may provide for their violation of the fine imposed in the mode and on the rules laid down in the law on misdemeanor.

Article 41. [ Form of legislation of local law] 1. Acts of local law shall be established by the municipal council in the form of a resolution.

2. In the case of impressing corpses, the ordinal provisions may be issued by the mayor, in the form of an order.

3. The order referred to in paragraph 1. 2, subject to approval at the nearest session of the municipal council. It shall lose power in the event of refusal of approval or not being submitted for approval at the next session of the Council.

4. In the event of failure to submit for approval or refusal to approve the order, the municipal council shall specify the time limit for the loss of its effect.

5. Wójt sends the ordinal provisions to the news of the neighbouring communes and the starost of the district of which the municipality lies, the following day after their establishment.

Article 42. [ Announcing the acts of local law] The rules and procedure for the publication of local laws are laid down in the Act of 20 July 2000. about the announcement of normative acts and certain other legal acts (Dz. U. of 2016 r. items 296).

Chapter 5

Utility property

Article 43. [ Municipal Property] Municipal property is the property and other property rights belonging to individual municipalities and their associations and property of other municipal legal entities, including companies.

Article 44. [ Acquisition of municipal property] The acquisition of municipal property shall take place:

1) on the basis of the Act-Regulations introducing the Act on Local Government;

2) by the transfer of the municipality of property in connection with the creation or change of the boundaries of the municipality in the mode referred to in art. 4; the transfer of property takes place by mutual agreement of the communes concerned, and in the absence of agreement-the decision of the President of the Council of Ministers, taken at the request of the Minister responsible for public administration;

3) as a result of the transfer by the government administration on the principles defined by the Council of Ministers by way of regulation;

4) as a result of its own business activity;

5) by other legal acts;

6. in other cases specified by separate provisions.

Article 45. [ Asset Utilisation] 1. The entities of communal property determine the purpose and use of the assets by themselves, while maintaining the requirements of the separate provisions of the law.

2. (repealed)

Article 46. [ Declaration of will on behalf of the municipality] 1. The declaration of will on behalf of the municipality in the area of the management of the city shall be composed by one person, either acting on the basis of his or her authorization, by his or her deputy, either alone or with another one authorised by the mayor.

2. (repealed)

3. If a legal action may result in the creation of monetary obligations, it is necessary for its effectiveness to be countersigned by the municipal treasurer (the chief accountant of the budget) or the person authorized by it.

4. The municipality's treasurer (the chief accountant of the budget), who refused the countersigned, shall, however, make it to the written instructions of the superior, notifying the council of the municipality and the regional chamber of auditors.

Article 47. [ Organizational Unit Managers] 1. The managers of organizational units of the commune without legal personality shall act unilaterally on the basis of the power of attorney granted by the mayor.

2. (repealed)

Article 48. [ Aid Unit] 1. The auxiliary unit shall manage and use the municipal property and dispose of the revenues from that source within the scope specified in the statutes. The statutes shall also determine the scope of activities carried out by the subsidiary in respect of its property.

1a. Paragraph Recipe 1 shall apply mutatis mutandis to the lower-order unit referred to in Article 3. 35 par. 2.

2. The municipal council shall not deplure the existing rights of the sołectw to the use of property without the consent of the village meeting.

3. All the rights of property, use or other rights in rem and property, hereinafter referred to as the municipal property, which have been granted so far to the residents, shall remain unaffled.

4. The communal property shall apply, subject to the paragraph. 3, communal property regulations.

Article 49. [ Liability for commitments] 1. The municipality is not responsible for the obligations of other communal legal persons, and these shall not be liable for the obligations of the municipality.

2. In the event of the abolition or division of the municipality, the responsibility for its obligations shall be borne by the municipalities which have taken over the property.

Article 50. [ Obligations governing the management of the swords] It is the duty of the persons participating in municipal management to exercise special care in the management of the board in accordance with the intended purpose of the property and its protection.

Chapter 6

Municipal financial economy

Article 51. [ Financial Economy] 1. The municipality itself runs the financial economy on the basis of the municipal budget resolution.

2. (repealed)

3. The statute of the municipality determines the powers of the auxiliary entity to conduct financial management within the municipal budget.

Article 52. (repealed)

Article 53. (repealed)

Article 54. [ Revenue from the municipality] 1. Revenue of the municipality shall be specified in separate statutes.

2. Revenue from the self-taxation of residents may also be the income of the municipality. Self-taxation may take place only by means of a municipal referendum, as referred to in Article 4. 2. 2 point 2 of the Act of 15 September 2000. a local referendum.

Article 55. (repealed)

Article 56. (repealed)

Article 57. (repealed)

Article 58. [ Praise on financial obligations] 1. Resolutions and ordinances of the municipal authorities concerning financial obligations shall indicate the sources from which those obligations will be covered.

2. Resolutions of the commune councils referred to in paragraph. 1, they shall be taken by an absolute majority of votes in the presence of at least half of the statutory composition of the Board.

Article 59. [ Disposition of money] The cash disposition of the municipality shall be separate from the cash execution of the municipality.

2. (repealed)

Article 60. [ Responsibility of the mayor] 1. The municipality is responsible for the proper financial economy of the municipality.

2. Wójt shall have the exclusive right:

1. the commitment of commitments to be covered by expenditure amounts under the resolution, within the framework of the authorisations granted by the municipal council;

2) the issuing of securities, within the framework of the authorisations granted by the municipal council;

3) making budget expenditure;

4) to submit proposals for amendments to the municipal budget;

5) disposing of the municipal budget reserves;

6) to block budget appropriations, in cases specified by the Act.

Article 61. [ Explicit principle] 1. The financial economy of the municipality is overt.

2. The General Meeting shall immediately declare the budgetary resolution and the report on its implementation in accordance with the procedure laid down for the acts of local law.

3. The genocide informs the inhabitants of the municipality about the assumptions of the draft budget, the directions of social and economic policy and the use of budgetary resources.

Article 62. [ Regional Chambers of Auditors] Control of the financial management of municipalities and associations shall be carried out by regional chambers of auditors. 2. (repealed)

Article 63. (repealed)

Chapter 7

Links and intercommunal agreements

Article 64. [ Intercommunal relationships] 1. In order to jointly perform public tasks, the municipalities may form intercommunal relationships. The intercommunal relationship may also be created for the purpose of the joint operation referred to in art. 10a.

2. Resolutions of the association shall be taken by the municipalities concerned.

3. The rights and obligations of the communes participating in the inter-communal relationship, connected with the performance of the tasks transferred to the union, shall go into connection with the date of publication of the statute of association

4. The obligation to create a relationship can be imposed only by means of a bill that defines the tasks of the relationship and the mode of approval of its statutes.

5. Articles shall apply mutatis mutandis to intercommunal relationships. 8 ust. 2-5 and art. 39 (1) 4.

Article 65. [ Relationship Tasks] 1. The Union shall perform public tasks on its own behalf and on its own responsibility.

2. The Union shall have legal personality.

Article 66. [ Accession to the union] The municipality informs the water of its intention to join the union.

Article 67. [ Create Relationship] 1. The formation of the union and the accession of the municipality to the union shall require the adoption of its statutes by an absolute majority of votes of the statutory composition of the council respectively by the council of concerned municipalities or the council of

1a. The draft statutes of the association shall be subject to agreement with the voyev.

(1b) The concept of water supply shall take place within 30 days from the date of service of the draft statute. The provisions of Article 4 89 par. 2 and Art. 98 shall apply mutatis mutandis.

1c. In the proceedings concerning the agreement of the draft statutes of the association of the commune intending to form a union represents the mayor of one of the communes authorized by the heads of other municipalities.

2. The statutes of a relationship should specify:

1. the name and seat of the compound;

2) the participants and the duration of the relationship;

3) the task of the union;

4) the bodies of the union, their structure, scope and mode of operation;

5) the rules for the use of compound facilities and equipment;

6) the principle of participation in the costs of joint operations, profits and covering the loss of the union;

7) the rules for the accession and the presence of members and the rules of property settlements;

8) the rules and mode of liquidation of the relationship;

9) other rules defining interoperability.

2a. The statutes of the union shall be published in the voivodship journal.

2b. The Union shall acquire legal personality from the date of publication of the statutes.

3. (repealed)

Art. 67a. [ Change of the Association's Statute] 1. Amendments to the statutes of the union shall be made by the assembly of the union in The provisions of Article 4 67 par. 1a and 1b shall apply mutatis mutandis.

2. The resolution amending the statutes of the association of the Chairperson of the union shall transmit within 7 days from the date of its taking up the councils of the communes participating in the union, and in the case where the amending resolution concerns the accession to the association of the new municipality-also the council of this municipality.

3. The municipal council may, in the form of a resolution, to object to a resolution amending the statutes of the union within 30 days from the date of service of the resolution. The transfer of opposition shall withhold the implementation of a resolution amending the statutes of the union.

4. The amendment of the statute of association shall be published in the Voivodship Official Journal

Art. 67b. [ Liquidation of the union] 1. The relationship is subject to liquidation on the basis and in the mode specified in the statutes.

2. Upon completion of the winding-up, the link shall be transmitted to the wojewater about the termination of the liquidation and the request for deletion of the relationship from the register referred to in art. 68 par. 1.

3. Information on the removal of the link from the register referred to in art. 68 par. 1, shall be subject to publication in the Voivodship Official Journal.

Article 68. [ Register of unions] 1. The register of relationships shall be carried out by the Minister responsible for public administration.

1a. An item in the register of intercommunal relationships is made on the basis of the declaration of the voyev.

1b. The notification referred to in paragraph 1. 1a, may concern:

1) the registration of the intercommunal relationship;

2) amendments to the statute of intercommunal association;

3) the deletion of the intercommunal link from the register of intercommunal relationships.

1c. The notification referred to in paragraph 1. 1a, shall contain a statement of legality of the resolutions giving rise to the filing of the notification.

1d. The notification referred to in paragraph 1. 1a, it is supplied with a secure electronic signature within the meaning of the Act of 18 September 2001. o electronic signature (Dz. U. of 2013 r. items 262, z 2014 r. items 1662 and of 2015 items 1893).

2. (repealed)

3. The Minister responsible for public administration shall determine, by means of a regulation:

1. the procedure for dealing with cases:

(a) registration of the intercommunal association

(b) the registration of the amendment of the intercommunal

2) a model of notification on the registration of intercommunal union,

3) a model of notification on the amendment of the statute of intercommunal association,

4) the model of the notification on the deletion of the intercommunal relationship from the register of intercommunal relationships,

5. the documentation necessary for the drawing up of the notifications referred to in points 2 to 4,

6) the way of keeping the register of intercommunal relationships, including the way of making entries in this register,

7) the scope of the data to be entered in the register of intercommunal relations,

8) the mode of announcing the statute of intercommunal association, the amendment of this statute and the information on the deletion of the intercommunal relationship from the register of intercommunal relationships

-having regard to the need to ensure the efficiency of the handling of entries in the register of intercommunal relationships and the publication of the acts and information referred to in point 8, the uniformity of the notifications and taking into account the fact that the register of associations intercommunal should contain, in particular, the name of the intercommunal association and its registered office, the designation of the municipalities involved in the relationship and an indication of the relationship

Article 69. [ Assembly of union] 1. The body of a position and control of the union shall be the assembly of a union, hereinafter referred to as the assembly.

2. As regards the tasks assigned to the union, the assembly exercises the competence of the municipal council.

3. Provisions concerning the municipal council shall apply as appropriate to the assembly of the association.

Article 70. [ Assembly composition] 1. The assembly is composed of the mayor of the communes participating in the union.

2. At the request of the mayor, the municipal council may entrust the representation of the municipality in the assembly of the deputy mayor or councillor.

3. The statutes may grant more than one vote in the assembly to specific municipalities. Additional representatives shall be appointed by the municipal council concerned.

Article 71. [ Assemblies of the Class] Resolutions of the congregation shall be taken by an absolute majority of the statutory votes of the members of the Assembly.

Article 72. [ Written Objection] 1. A member of the congregation may bring written opposition in relation to the resolutions of the congregation within 7 days from the day of its taking.

2. The statement of opposition shall withhold the execution of the resolution and shall require a reconsideration of the case.

3. The Opposition shall not be notified to the resolution taken as a result of the reconsideration of the case.

4. The provisions of the paragraph. 1-3 does not apply to intercommunal relationships created on the basis of art. 64 par. 4.

Article 73. [ Relationship Management Board] 1. The executive body of the association shall be the management board.

2. The Management Board of the union shall be appointed and cancelled by the assembly from among its members.

3. Unless the statutes so constitute, it is permissible to choose the members of the management board from outside the assembly members in a number not exceeding 1/3 of the composition of the board of

4. (repealed)

5. (repealed)

Article 73a. [ The financial economy of the union] 1. The financial economy of the municipalities shall apply mutatis mutandis to the financial economy of the intercommunal relationship.

2. The financial plan of the union enacted the union assembly.

Article 73b. [ The accession of the district to the intercommunal association] 1. To the intercommunal association may proceed by the district. In such a case there is a transformation of the intercommunal association into the district-municipal association referred to in art. 72a ust. 1 of the Act of 5 June 1998. o the district administration (Dz. U. of 2015 items 1445 and 1890).

2. To the conversion referred to in paragraph. 1, the provisions of art. 72c of the Act of 5 June 1998. o the district administration is applied accordingly.

Article 74. [ Intercommunal agreements] 1. Communes may conclude intercommunal agreements on the entrusting of one of them the public tasks they have defined.

(2) The public tasks covered by the agreement shall be taken over by the rights and obligations of the other municipalities in connection with the tasks assigned to it, and those municipalities shall be obliged to contribute to the costs of carrying out the task entrusted to it.

Article 75. (repealed)

Chapter 8

(repealed)

Article 76. (repealed)

Article 77. (repealed)

Article 78. (repealed)

Article 79. (repealed)

Article 80. (repealed)

Article 81. (repealed)

Article 82. (repealed)

Article 83. (repealed)

Chapter 9

Association of municipalities

Article 84. [ Create Associations] 1. In order to support the idea of local government and to defend the common interests, the municipalities may create associations, including those with powiats and voivodships.

2. The organization, the tasks and the mode of operation of the association shall specify its statutes.

3. The associations of the municipalities shall be subject to the provisions of the Law on Associations, except that at least 3 founders are required for the establishment of the association.

Art. 84a. [ Joining municipalities to international associations] The rules for the accession of the municipality to the international associations of local and regional communities lay down separate rules.

Chapter 10

Supervision of municipal activities

Article 85. [ Surveillance criteria] The supervision of the municipal activity is exercised on the basis of the criterion of legality.

Article 86. [ Supervisory authorities] The supervisory authorities shall be the President of the Council of Ministers and the Governor of water, and in the field of financial matters, the Regional Chamber of Commerce.

Article 87. [ Entering into the activity of the municipality] The supervisory authorities may enter into municipal activities only in the cases specified by statutes.

Article 88. [ Authority of Supervisors] The supervisory authorities shall have the right to request information and data relating to the organisation and functioning of the municipality which is necessary for the exercise of their supervisory powers.

Article 89. [ Resolution Validity] 1. If the law relying on the validity of the decision of the commune body from its approval, arrangement or opinion by another body, the seizure of the position by that body should take place no later than within 14 days from the date of service of that body the decision or its design, subject to the paragraph. 1a.

1a. The term referred to in paragraph 1. 1, shall be 30 days, if the approval, arrangement or opinion is required from the body of the local self-government entity.

2. If the authority referred to in paragraph 1 1 or 1a, shall not take a position on the case, the decision shall be deemed to have been adopted in the wording submitted by the municipality, with the expiry of the period specified in the paragraph. 1 or 1a.

3. To approve, reconciliate or give an opinion by the authorities of the communes of other bodies of the provisions of the paragraph. 1, 1a and 2 shall apply mutatis mutandis.

Article 90. [ Submission of the resolution] 1. The genocide is obliged to submit the wojewoda resolutions of the municipal council within 7 days from the day of their taking. Acts laying down ordinal laws shall be transmitted within two days of their establishment.

2. The Member State shall submit to the Regional Chamber of Auditors, in accordance with the rules laid down in paragraph 2. 1, the budget resolution, the resolution on discharge and other resolutions of the municipal council and the management of the mayor falling within the scope of the supervision of the regional chamber of auditors.

Article 91. [ Invalid resolutions and ordinances] 1. The praise or order of the authority of the commune's unlawful shall be invalid. The invalidity of a resolution or order, in whole or in part, shall be decided by the supervisory authority within a period of not more than 30 days from the date of service of the resolution or order, in accordance with the procedure laid down in the Article. 90.

2. The supervisory authority, when initiating proceedings for the annulment of a resolution or order or in the course of such proceedings, may suspend their execution.

2a. Provision of the paragraph 2 shall not apply to a resolution or order to challenge a supervisory decision in the administrative court.

(3) The supervisory resolution should include factual and legal justification and an instruction on the admissibility of bringing a complaint to the administrative court.

4. In the event of an insignificant breach of the law, the supervisory authority shall not declare the invalidity of the resolution or order, limiting itself to indicating that the resolution or order was issued in violation of the law.

5. The provisions of the Code of Administrative Procedure shall apply accordingly.

Article 92. [ Validity of the budget resolution] 1. The declaration by the authority of the invalidity of the resolution or order of the authority of the municipality shall suspend their execution by virtue of the law in the area covered by the annulment, on the day of service of the supervisory resolution.

2. The provision of the paragraph. 1 shall not apply to a resolution or order to challenge a supervisory decision in the administrative court.

Art. 92a. [ Term of the hearing] In the case of the submission by the municipality of a complaint to the supervisory decision, the administrative court shall appoint a trial no later than within 30 days from the day of receipt of the complaint to the court.

Article 93. [ Appeal of the resolution or order to the administrative court] 1. After the expiry of the period indicated in Art. 91 (1) 1. The supervisory authority may not, in its own scope, annul the resolution or order of the municipal authority. In this case, the supervisory authority may challenge the resolution or order in the administrative court.

2. In the case referred to in paragraph. 1, the issue of the order to suspend the execution of a resolution or order shall be held by the court.

Article 94. [ Expiration] 1. The resolution or order of the municipal body shall not be declared invalid after one year from the date on which they were taken, unless the obligation to submit a resolution or order is waived within the time limit laid down in art. 90 par. 1, or if they are an act of local law.

2. If no invalidity of a resolution or ordinance has been declared due to the expiry of the term referred to in the paragraph. 1, and there are grounds for annulment, the administrative court adjudicate on their illegality. Resolutions or ordinances shall be repealed with effect from the date of the decision on their illegality. The provisions of the Code of Administrative Procedure as to the effects of such a decision shall apply accordingly.

Article 95. (repealed)

Article 96. [ Violation of Constitution or laws] 1. In the event of repeated violations by the Board of the Municipality of the Constitution or statutes, the Sejm, at the request of the President of the Council of Ministers, may by way of resolution a resolution of the Council of the municipality. In the case of dissolution of the municipal council, the President of the Council of Ministers, at the request of the minister competent for public administration, shall designate a person who until the selection of the municipal council shall perform its function.

2. If the repeated infringement of the Constitution or statutes is allowed, the voyewater calls for the mayor to stop the violations, and if the summons do not take effect, he shall request the President of the Council of Ministers to revoke the infringement. In the case of an appeal, the President of the Council of Ministers, at the request of the Minister responsible for public administration, shall designate the person who, until the election of the Minister, shall have his/her function.

Article 97. [ Commis-arial Board] 1. In the event of a non-working hope for rapid improvement and protracted lack of efficiency in the performance of public tasks by the municipal authorities, the President of the Council of Ministers, at the request of the minister competent for public administration, may suspend the authorities municipalities and establish a board of directors for up to two years, but no longer than the choice of the board and the mayor for the next term of office.

2. The establishment of the Board of Directors may take place after the prior presentation of objections to the authorities of the municipality and invite them to submit an improvement programme without delay to the municipality.

3. The Government Commissioner shall be appointed by the President of the Council of Ministers at the request of the wojewater, notified through the Minister responsible for the affairs of the public administration.

4. The governmental commissioner takes over the tasks and competences of the municipal authorities on the day of appointment.

Article 98. [ Authority authorised to lodge a complaint] 1. Resolutions of the supervisory authority concerning the municipality, including the resolutions referred to in art. 96 (1) 2 and Art. 97 ust. 1, as well as the position taken in accordance with art mode. 89, they are subject to appeal to the administrative court due to illegality within 30 days from the date of their service.

2. Paragraph Recipe 1 shall apply mutatis mutandis to the decisions concerning the bodies of associations and intercommunal agreements.

(3) A municipality or an intercommunal association whose legal interest, entitlement or competence has been infringed shall be entitled to lodge a complaint. A complaint shall be based on the resolution or order of the body which has adopted the resolution or the order or the decision of which is to be decided by the supervisory authority.

3a. In order to lodge a complaint against the decision of the supervisory authority, concerning the resolution of the municipal council, served after the expiry of the term of office of the Board, shall be entitled to the municipal council of the following term of office within 30 days from the date of the election of the chairman

4. To the proceedings in the cases referred to in the paragraph. 1 and 2, the provisions of the appeals to the administrative court of the decision on individual public administration cases shall apply accordingly.

5. Supervisory appeals shall become final on the expiry of the time limit for bringing a complaint, or on the date of dismissal or rejection of the application by the court.

Art. 98a. [ Obligation of water bags] 1. If the competent authority of the municipality, contrary to the obligation arising from the provisions of the Art. 383 § 2 and 6 and art 492 § 2 and 5 of the Act referred to in art. 24b ust. 6, and Art. 5 par. 2 and 3 of the Act of 21 August 1997. to limit the conduct of business by persons performing public functions, to the extent of the expiry of the mandate of the councillor, the expiry of the mandate of the mayor, the revocation of a post or termination of a contract of employment with the deputy The mayor, the municipal secretary, the municipality's treasurer, the head of the municipality's organisational unit and the managing person, or a member of the governing body of the municipal legal person, does not take a resolution, does not cancel the position or dissolve the employment contract, wojewoda calls for the authority of the municipality to take the appropriate act within 30 days.

1a. Paragraph Recipe 1 shall apply mutatis mutandis to the obligations referred to in Article 3. 6a of the Act of 21 November 2008. o-o-o-o-o- U. of 2014 items 1202 and 2015 items 1045 and 1220).

2. In the event of an unsuccessfully expiry of the period referred to in paragraph. 1, wojewoda, after notification to the Minister responsible for public administration, issues a replacement order.

3. Article Recipe It shall apply mutatis mutandis, with the fact that the person whose legal interest or the authority concerned is the subject of a replacement is also entitled to lodge a complaint.

Article 99. [ Application of separate provisions] 1. (repealed)

1a. The regulations on the supervision of the municipalities shall apply mutatis mutandis to the associations and intercommunal agreements.

2. In matters of relations and intercommunal agreements going beyond the boundaries of the voivodship, the supervisory authorities shall act within the scope of their local jurisdiction and through the supervisory authorities competent due to the seat of the authorities of the union or the agreement, unless the statutes of the union or the agreement delegate the supervisory powers to the Prime Minister's Office.

Article 100. [ Exemption from fees] The court proceedings referred to in the preceding Articles shall be free of charge.

Article 101. [ Appeal of the resolution] 1. Everyone, whose legal interest or entitlement has been infringed by a resolution or arrangement undertaken by a municipal authority on the scope of public administration, may-after an ineffective call for the removal of the infringement-challenge the resolution or order to the administrative court.

2. The provision of the paragraph. 1 shall not apply if the case in the case has already been adjudicated by an administrative court and the action has been dismissed.

2a. The Treasury for the resolution or order referred to in paragraph 2. 1, may be brought to the administrative court on behalf of its own or representing a group of residents of the municipality, who shall give written consent to that.

3. In the case of a call for the removal of an infringement, the provisions on the dates for dealing with cases in administrative proceedings shall apply.

4. In the cases referred to in paragraph. Article 2 (1) shall apply mutatis mutandis. 94.

Article 101a. [ The application of the provisions of Article 101] 1. Rules of Art. 101 shall apply mutatis mutandis where the authority of the municipality does not perform the acts prescribed by law or by the legal or factual action taken in violation of the rights of third parties.

2. In the cases referred to in paragraph. 1, the administrative court may order the supervisory authority to carry out the necessary tasks for the complainant, at the expense and risk of the municipality.

Article 102. [ Exclusion of the provisions of Chapter] The provisions of the Chapter of this Chapter shall not apply to individual decisions in matters of public administration issued by the authorities of the municipalities, their associations or the local authorities of appeal. Instance control in this regard, and non-instance supervision and control by the courts, shall be laid down in separate provisions.

Art. 102a. [ Exemption of provisions] In the cases referred to in this Chapter, the provisions of Article 4 shall not apply. 52 § 3 and 4 of the Act of 30 August 2002. -Right of proceedings before administrative courts (Dz. U. 2012 r. items 270, of late. zm.).

Chapter 11

Final provision

Article 103. [ Entry into force] The Act shall enter into force within the time limits and under the conditions laid down by the Act-Provisions introducing the Law on Local Government, except for Art. 5 par. 4 and art. 17, which shall enter into force on the day of the announcement.

The Act Of 8 March 1990 On The Municipal Government

Original Language Title: USTAWA z dnia 8 marca 1990 r. o samorządzie gminnym

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ACT of 8 March 1990 o Local Government

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ACT

of 8 March 1990

o Local Government