ACT

of 5 June 1998

o poviaté county

• Metric
• Codified text

Chapter 1

General provisions

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

2. Whenever the law is referred to as the district, it is to be understood that the local community and the relevant territory are to be understood.

Article 2. [ Tasks and the system of the district] 1. The county shall perform the defined public tasks on behalf of its own and on its own responsibility.

2. The county shall have legal personality.

3. The self-reliance of the district shall be subject to judicial protection.

4. The state of the district is the statute of its statute.

5. (repealed)

Article 3. [ Welcome Area] 1. The Council of Ministers, by means of a regulation:

1) create, link, divide and abolite powiats and set their boundaries;

2. establish and amend the names of the powiats and the seat of their authorities.

2. The regulation referred to in paragraph. 1, may be issued also at the request of an interested county council, the city council on the rights of the district or the municipal council.

3. The determination of the district boundaries shall be effected by indicating the communes within the district, and the change of its borders shall be made in such a way as to provide the district to the territory as homogeneous as possible due to the settling and spatial layout, taking into account social, economic and cultural ties and ensuring the ability to perform public tasks.

4. By joining the counties, you should also understand the connection of the city to the district rights with the district headquarters in this city. From the day of the merger, the district rights of the city have expired.

5. By dividing the powiats should also be understood the exclusion of one or more municipalities from the territory of the district with the simultaneous:

1) the inclusion of this communes or communes in another district;

2) the establishment of the district from these communes or from these communes and the city on the rights of the district; from the day of the establishment of the district the rights of the district previously held by the city will expire;

3) restoration of the status of the city on the rights of the district of the city, which in the mode of the mouth. 4 has been merged with the district of the authorities in this town.

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

Article 3a. [ Consultation with locals] 1. The issue of the regulation referred to in art. 3 para. 1, requires the Minister responsible for public administration to consult the councils of the counties or the councils of the city on the rights of the district and the counties ' councils-preceded by the consultation of the local residents, and in the the case of changes in the boundaries of powiats violating the boundaries of voivodships-in addition to the opinion of the relevant purse The Minister responsible for public administration may also request the opinions of the municipalities concerned; in this case, it is not necessary to consult with the inhabitants of the municipality.

2. Consultations with residents concerning, violating the boundaries of voivodships, changes in the boundaries of powiats or district and city on the rights of the district in the cases referred to in art. 3 para. 3 and 4-if the change of borders results from the exclusion of only one municipality or city on the rights of the district-they may be restricted by the seismics of the voivodships to the inhabitants of the relevant district or city on the rights of the district affected by the change.

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.

Article 3b. [ Proposal and opinion] 1. The issue of the regulation referred to in art. 3 para. 1, at the request of the counties of the district council, the city council on the rights of the district or the municipal council requires:

1) the request of the district council, the city council on the rights of the district or 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 counties ' councils or the city council respectively on the rights of the district covered by the proposal, preceded by the removal of consultations with the inhabitants, and in the case of a change of the borders of the county which violates the boundaries of the voivodships-the opinion of the seismi Voivodships

3) the advice of the municipalities concerned by the proposal;

4) the opinion of the voyev competent for the district or the city on the rights of the district covered by the application.

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

3. The district council, the city council on the rights of the district or the municipal council shall apply with the application referred to in the 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 3c. [ Connection or creation of a district] If you are given permission to connect the city to the district rights with a county seat in that city or to create a district in which the existing city will be established on the rights of the county, expressed in the request or opinion of the district council or the city council on the rights of the district and as a result of its consultations with the residents, the Council of Ministers is obliged to make this connection or to set up a district, by means of the regulation referred to in art. 3 para. 1.

Art. 3ca. [ The appointment of a representative for the connection of powiats or the creation of a new district] 1. In the case of joining the powiats or creating a new district, the President of the Council of Ministers, at the request of the voyev notified through the Minister responsible for the affairs of the public administration, shall appoint a proxy for the connection of the powiats or the creation of a new district from among the employees of the subordinate voyeurism or the employees of the district of the district, whose territory is part of the combined or newly created district.

2. Until the connection of the powiats and the creation of a new district, the task of the representative referred to in paragraph 1 shall be created. 1, is the preparation of organizational and legal counties for the performance of public tasks, including the preparation of the draft budgetary resolution of the district in the mode and on the principles set out in the provisions on public finances.

3. From the day of the connection of the counties or the formation of a new district of attorney referred to in paragraph. 1, takes over the exercise of the tasks and competences of its organs until the selection of the new district authorities, 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 district council convened in art mode. 15 para. 10.

Art. 3cb. [ The joining of the district in the rights and obligations of the combined counties] 1. The district formed as a result of the connection of the counties shall enter into all rights and obligations of the connected counties, including the rights and obligations arising from permits, concessions and other administrative acts.

2. The bodies of the district resulting from the connection of the counties shall become the competent authorities or parties to the instituted and uncompleted administrative and judicial proceedings.

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

4. Where the Regulation on the combination of powiats has been issued on a request supported by all the councils concerned, these counties shall include the agreement referred to in art. 47 para. 1 point 2.

5. The provisions of local law established by the district authorities or cities on the rights of the district before the connection of the counties become acts of the law of the local district created as a result of the connection of the counties, in force in the area of the activities of the authorities which eats them have established, until the date of entry into force of new instruments of local law established by the district authority resulting from the connection of the powiats, however no longer than for a period of 3 years from the date of the merger.

Article 3d. [ Consultations with the district residents] 1. In the cases provided for by the Law and in other matters important to the district may be carried out in its territory consultations with the residents of the district.

2. The rules and mode of consultation with the district residents shall be determined by the resolution of the district councils.

Chapter 2

Scope of activity and tasks of the district

Article 4. [ Public tasks range] 1. The county shall carry out specific public tasks of a supranational nature in the following areas:

1) public education;

2) promotion and protection of health;

3. social assistance;

(3a) support for the family and the replacement furnace system;

4. progenital policy;

5) support for people with disabilities;

6. collective transport and public roads;

7) culture and protection of monuments and care of monuments;

8) physical culture and tourism;

9) geodesy, cartography and cadastre;

10) real estate management;

11) architectural and construction administration;

12) water management;

13) environmental and nature protection;

14. agriculture, forestry and inland fishing;

15) public order and the security of citizens;

16) flood protection, including the equipment and maintenance of the district flood protection warehouse, fire prevention and prevention of other extraordinary threats to life and health of people and the environment;

17. combating unemployment and activation of the local labour market;

18. the protection of consumer rights;

19) maintenance of district facilities and public utility facilities and administrative facilities;

20) defence;

21) promotion of the district;

22) 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 and 395);

23) telecommunications activities.

1a. The provision of the paragraph. 1 point 6 in the area of collective transport does not apply to the districts of the metropolitan area.

2. Public tasks of the district shall also be provided for the execution of the tasks and competence of the district managers of the services, inspections and guards.

3. The laws may specify other tasks of the county.

4. The laws may specify certain matters falling within the scope of the district's activity as a task from the scope of government administration, carried out by the county.

(5) The district shall, on a reasoned request from the municipality, submit its tasks within the scope of its jurisdiction under the conditions laid down in the agreement.

6. The tasks of the district shall not affect the scope of the communes ' activities.

Article 4a. [ The obligation to carry out the tasks of organising the preparation and holding of the general elections and the referendums] The Act may impose on the district an obligation to perform tasks in the organization of preparation and holding of general elections and referendums.

Article 5. [ Agreements concluded with government administration bodies] 1. The county may conclude agreements with the government authorities on the execution of public tasks in the scope of government administration.

2. The district may conclude agreements on entrustment of conducting public tasks with the units of local local government, as well as with the voivodship in which the area is located the territory of the district.

3. The agreements referred to in paragraph 1 shall be laid down in the 1 and 2, they are subject to notice in the Voivodship Official Journal.

4. The provisions of the Act of 8 March 1990 shall apply mutatis mutandis. of the municipal government (Dz. U. of 2016 r. items 446).

Article 6. [ Creating organizational units and concluding agreements with other entities] 1. In order to perform the tasks, the district can create organizational units and conclude agreements with other entities.

2. The district of the district shall not be able to carry out any economic activity going beyond the tasks of a public utility.

Article 6a. [ Joint administrative, financial and organisational support] The county may provide joint service, in particular administrative, financial and organisational:

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

2) the district cultural institutions,

3) other public finances included in the district of public finances, legal persons established on the basis of separate laws for the purpose of carrying out public tasks, excluding enterprises, research institutes, banks and commercial law companies

-hereinafter referred to as "supported units".

Article 6b. [ Conducting common service] 1. The joint service may lead the district starostwo, another district organization unit, the district association of the association of powiats or the organisational unit of the district association, hereinafter referred to as the "service units".

2. The district council shall refer to the supported units referred to in Article 2. 6a (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. 6a (2) and (3) may, on the basis of the agreements concluded by those entities with the service unit, proceed to the joint service, after prior notification of the intention to the district management board. 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 6c. [ 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. 6a (1) and (2), shall be transferred in full.

Article 6d. [ Processing of 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.

Article 7. [ Obligation to carry out specific tasks] 1. The laws specify the cases in which the competent authorities of the government administration may impose on the county the obligation to perform specific tasks in the scope of the district tasks, related to the removal of direct threats to safety and public order and defence.

2. If the actions related to the removal of threats to security and public order and with the defence shall be carried out within the framework of an organised action, the imposition of an obligation may concern the performance of the activities referred to in paragraph 1. 1, also outside the district terrain.

3. For the activities referred to in paragraph. 2, the district shall be entitled to reimbursement of the necessary expenses and expenses, together with the statutory interest from the administrative authority, which has imposed the obligation to carry out those tasks.

Article 7a. [ The provision of assistance by powiats, associations and associations of powiats] The powiats, associations and associations of powiats may provide assistance, including financial assistance, to each other or other local government units.

Chapter 3

County authorities

Article 8. [ Elections and the district referendum, district authorities] 1. The residents of the district shall take the resolutions in the general vote-through the elections and the district referendum-or through the district authorities.

2. The bodies of the district shall be:

1) the district council;

2) the administrative board of the district.

Art. 8a. [ Activities of district authorities] 1. The activities of the district authorities shall be open. Explicit restrictions can only be the result of a set of laws.

2. Disclosure of the activities of the district authorities includes, in particular, the right of citizens to obtain information, admission to the sessions of the district 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 the district authorities and the district councils ' committees.

3. Rules for access to and use of documents shall be defined by the statutes of the district.

Article 9. [ County Council] 1. The district council shall be the district authority of the district, subject to the provisions of the county referendum.

2. The tenure of the council shall be 4 years from the day of the election.

3. Radni are elected in direct elections. The rules and procedure for holding elections to the district council shall be determined by a separate law.

4. The county council consists of counties in the number of fifteen in the counties of up to 40,000 inhabitants, and two for each subsequent commenced 20,000 inhabitants, but not more than twenty-nine councillors.

5. The district councils of the first term of the county, which are part of the district council, comprise fifteen counties in the counties of up to 40,000 inhabitants, and three for each subsequent 20 000 population.

Article 10. [ The appeal of the district council by the district referendum] 1. The appeal of the district council before the expiry of the term of office occurs by means of a district referendum.

2. The rules and mode of conducting the district referendum shall be determined by a separate law.

Article 11. (repealed)

Article 12. [ Cases belonging to the exclusive property of the county council] The exclusive competence of the district councils shall be:

1) the making of acts of local law, including the statute's statute;

2) the selection and appeal of the Management Board and the determination of the remuneration of its Chairman;

3) appointment and appeal, at the request of the starosty, the treasurer of the district, being the main accounting officer of the county budget;

4) a statement of the directions of the administration of the district management and consideration of the reports on the activities of the Management Board, including the financial activities;

5) the adoption of the district budget;

6. examination of the report on the implementation of the budget and the adoption of resolutions on the grant or failure to grant discharge to the Management Board for that title;

7) taking resolutions on the matters of the amount of taxes and charges within the limits of certain statutes;

8) take a resolution on the property of the district concerning:

(a) the rules on the acquisition, disposal and placing on the market of immovable property and the leasing or renting of immovable property for a period of more than 3 years or for an indefinite period of time, unless specifically provided for in the special law; the resolution of the district council is also required in the where, after a contract concluded for a period of up to three years, the parties contain successive contracts the subject of which is the same property; whereas, pending the determination of the rules, the Management Board may carry out these operations only with the agreement of the district council,

(b) the issuing of bonds and the definition of the arrangements for their divestment, acquisition and redemption,

(c) borrowing of long-term loans and loans,

(d) the fixing of the maximum amount of loans and short-term loans contracted by the Management Board and the maximum amounts of loans and guarantees provided by the Management Board in the financial year,

(e) commitments in respect of investment and refurbiting activities exceeding the limit fixed annually by the Council,

(f) the establishment and accession of, and resolution or resolution of, associations, associations, foundations and cooperatives,

(g) the establishment and accession of, the handling and distribution of companies and the definition of the rules for the contribution and the acquisition, acquisition and disposal of shareholdings and shares,

(h) joint actions with other districts and municipalities, where this is linked to the need to allocate assets,

(i) the creation, transformation and liquidation of business units and equipping them with assets;

8a) take a resolution on the adoption of tasks within the scope of government administration and on the entrusts of conducting public tasks referred to in art. 5;

9. determination of the amount to which the board of directors may enter into commitments on its own;

9a) to adopt resolutions on cooperation with local communities of other countries and to join the international associations of local communities;

9b) enactment of a district crime prevention programme and protection of the security of citizens and public order;

9c) enactment of the district unemployment programme and the activation of the local labour market;

9ca) adoption of development programmes in accordance with the rules on the principles of development policy;

9d) assessing the state of fire safety and flood protection of the county;

10) taking resolutions on the affairs of the district's coat of arms and the flag of the district;

10a) taking a resolution on the rules for granting scholarships to pupils and students;

11) take resolutions on other matters reserved to the council of the county council.

Article 13. [ Resolutions of the Board and the Management Board] 1. The Resolutions of the Board and the Management Board of the district shall be decided by a simple majority of votes in the presence of at least half of the statutory composition of the Board (the Management Board), in the public vote, unless otherwise provided by the provisions of the Act.

2. The rejection of the vote of the decision to grant discharge shall be tantamount to the adoption of a resolution not to grant discharge to the Management Board.

Article 14. [ President and Vice-Presidents of the Council] 1. The district council shall elect from its head a chairman and one or two 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. Radny going into the composition of the Management Board shall not perform the functions referred to in paragraph. 1.

3. 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

4. The appeal of the President and Vice-President of the Board shall be made at the request of at least 1/4 of the statutory composition of the district council, in the mode specified in the paragraph. 1.

5. In the event of the resignation of the Chairperson or Vice-President, the Council shall adopt a resolution on the adoption of this resignation by a simple majority of votes, not later than within one month from the day of the

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-chairman, shall be tantamount to the adoption of the resignation by the council on the expiry of 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 district council to choose 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 district council referred to in 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 15. [ Council Sessions] 1. The district council shall deliberate on the sessions convened by the chairman of the county council 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.

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

3. The first session of the newly elected district 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.

4. (repealed)

5. 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 3 shall apply mutatis mutandis.

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

7. At the request of the Management Board or at least 1/4 of the statutory composition of the district council the Chairperson is obliged to convene the 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.

8. To change the agenda of the session convened in the mode specified in the paragraph. 7 The provision of paragraph 7 shall apply. 2, except that the consent of the applicant is additionally required.

9. At the request of the starosty the Chairperson of the district council is obliged to introduce to the agenda of the next session of the county council a draft resolution, if the applicant is the administrative board of the district, and the project has received the district council at least 7 days before the day starting a council session.

10. The first session of the district council resulting from the merger of the powiats or the council of the newly created district shall be convened by 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. -Electoral Code, for the day falling within 7 days from the day of the establishment of the district.

Article 16. [ Review Commission] 1. The district council shall control the activities of the Management Board and the District Organisational Units. To that end, 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. 14 para. 1, and which are members of the Management Board.

3. The review commission gives an opinion on the implementation of the district budget and is requested by the district council on granting or not giving discharge to the Management Board. 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 district council in the field of inspection. This power shall not affect the powers of control of other committees set up by the Council on the basis of the Article. 17.

Article 17. [ Permanent and ad hoc committees for specific tasks] 1. The district council may establish, from its permanent and ad hoc committees, the committees for specific tasks, the purpose of which shall be determined by their action and the composition of the staff.

2. The Commission shall be subject to the district council in the whole range of its activities, submit its work plans and reports on its activities.

3. The Radny shall collect the allowances for membership in no more than two committees.

Article 18. [ Councillors] Councillors can create councillors.

Article 19. [ Internal organisation, working mode of the council and commission and rules for the formation of councillors] The internal organisation and the working mode of the Council and of the committees set up by the Council, as well as the rules for the formation of councillors, shall determine the statutes

Article 20. [ Councillors vow] 1. Radny before taking office shall make a vow:

" I solemnly solemnly and conscientiously perform the duties of the Polish Nation, to safeguard the sovereignty and interests of the Polish State, to do everything for the prosperity of the Fatherland, the community of local government and the good of the citizens, to uphold the Constitution and other rights of the Republic of Poland '.

The oath may be made with the addition of a sentence:

"So help me God."

2. (repealed)

3. Radny absent from the first session of the district council and a councillor who has obtained a mandate during the term of office, shall make a vow at the first session on which he is present.

Article 21. [ Privileges and duties of councillors] 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 and presents them to the district authorities for consideration, but is not bound by the instructions of the electorate.

2. Radny is obliged to take part in the work of the district authorities and the district organizational units to which he has been elected or designed.

(3) In connection with the exercise of the mandate, the councillor shall enjoy the legal protection provided for by public officers. That provision shall also apply to persons who are members of the Management Board who are not councillors.

4. On the basis set by the district council, subject to the paragraph. 5, the councillor shall be entitled to a diet and reimbursement of travel expenses. The district council shall take into account the functions performed by the councillor in determining the amount of the councilman's allowances.

4a. The Diet shall not be entitled to the function of a member of the Management Board in the district in which he or she has been given a mandate.

5. 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).

The Council of Ministers shall determine, by means of a regulation, the maximum amount of the councillor's allowances within a month, taking into account the number of inhabitants of the counties.

5b. 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.

6. (repealed)

7. Radny shall not take part in the vote, if it concerns his legal interest.

8. The mandate of the councillor of the district shall not be cumulated 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 22. [ Exemption from labour] 1. The employer shall be obliged to dismiss the councillor from the professional work in order to enable the councillor to take part in the work of the district authorities.

2. A solution with a councillor of the employment relationship requires prior consent of the district council, of which the councillor is a member. The Council of the District shall refuse to allow the termination of 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.

Article 23. [ Prohibition of the employment of councillors in old age] 1. The councillor cannot be established with a relationship of work in the district office of the district, in which the councillor obtained a mandate.

2. Counsellor cannot perform the function of the district manager of the organizational unit and of his deputy.

3. Paragraph Recipe 1 shall not apply to councillors elected to the Management Board, with whom the employment relationship is established on the basis of a choice.

4. The binding by the councillor of the employment relationship referred to in the paragraph. 1 and 2, it is tantamount to renouncing the mandate.

5. The Management Board of the district or the starosta shall not entrust the councillor of the district where the councillor has obtained the mandate, to perform the work on the basis of a civil-law contract.

Article 24. [ Free of Free State Counsellor in Old-age] 1. Radny who, before obtaining a mandate, has performed work in relation to employment in the district office or has served as the head of the organisational unit of the district in which he has obtained the mandate, is obliged to apply for free leave in the a time limit of 7 days from the date of the announcement of the election results by the competent electoral body, before the filing of the oath referred to in Article 20 para. 1.

2. The Radny referred to in paragraph 1, shall receive unpaid leave for the term of office.

3. The Radny referred to in paragraph. 1, receive a holiday free of charge regardless of the type and duration of the employment relationship. The employment relationship concluded for a fixed period, which would have set before the expiry date of the mandate, shall be extended to 3 months after the expiry of that period.

4. With regard to the councillor serving as the manager of the organizational unit taken over or created by the district during the term of office, the term referred to in paragraph. 1, 6 months after the acquisition date or creation of the unit.

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

Article 25. [ Restoration of the councillor to work after the expiry of the mandate] After the expiry of the mandate of the councillor referred to in Article 24, respectively the district age or district office restores the councillor to work on the same or an equivalent working position, with the remuneration corresponding to the remuneration that the councillor would receive if he had not exercised his leave free of charge. Councillors shall declare their willingness to join the work within 7 days from the date of expiry of the mandate.

Article 25a. [ Prohibition to take 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. 20 para. 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 25b. [ Prohibition of doing business] 1. Radni shall not conduct an economic activity on its own account or jointly with other persons using the property of the district in which the councillor obtained the mandate, and to manage such activity or be a representative or a proxy in the the conduct of such activities.

2. If the councillor before the commencation of the exercise of the mandate he has pursued the economic activity referred to in paragraph 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 Act of 5 January 2011. -Electoral Code.

3. Radni and their spouses and spouses of the members of the administrative district, the secretaries of the district, treasurer of the district, managers of the district offices and managers and members of the district management bodies of legal persons shall not be able to be members of management or control and audit authorities or representatives of commercial companies with the participation of the district 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.

4. If the choice or appointment referred to in paragraph 1 3, prior to the commencement of the duties of the councillor or the day of election of a member of the administrative board or before the appointment of the district secretary, the appointment of the district treasurer, the head of the district's organisational unit, and the person the managing authority and the member of the management body of the county legal person, the persons referred to in paragraph 1. 3, shall be obliged to renounce the position or function within 3 months from the date of submission of the vow by the councillor or from the day of choice, employment on the basis of the contract of employment or appointment. If the position or function of the person referred to in paragraph is not renounced. 3, 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 commercial companies with the participation of the district legal persons or entrepreneurs in which such persons participate. Shares in excess of that package should be disposed of by the councillor before the first session of the county council and, in the absence of such shares, they do not participate during the term of office and 2 years after the latter's expiry in the exercise of their respective duties. rights (voting rights, dividend rights, rights to the distribution of assets, rights of collection).

Article 25c. [ Statement of property] 1. Radny, member of the district management board, district secretary, county treasurer, head of the district's organisational unit, managing person and member of the management body of the county legal person and person issuing administrative decisions on behalf of the starost are required to make a declaration of their 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-President of the district council;

2) starosta, chairman of the district council-wojewoda;

3) Deputy Secretary, Member of the District Board, Secretary of the District, Treasurer of the District, Head of the District Business Unit, Managing Person and Member of the Management Board of the District Legal Person and the person issuing Administrative Decisions on behalf of Old-Old-Old.

4. Radny shall submit his first declaration of property within 30 days from the day of the filing of the vow. The first declaration of the property shall be accompanied by information on the method and timing of the cessation of business activity, using the property of the district in which it was given a mandate, if such activity had been carried out before day of choice. Subsequent declarations of property shall be made by the councillor every year until 30 April, as at 31 December of the preceding year, and 2 months before the expiry of the term of office.

5. Member of the district management board, district secretary, county treasurer, head of the district's organisational unit, the managing person and member of the administrative body of the county legal person and the person issuing administrative decisions on behalf of the starost the first declaration of property within 30 days of the date of the election or appointment or on the date of employment. To the first declaration of the property member of the administrative district, the district secretary, the district treasurer, the head of the district's organisational unit, the managing person and a member of the management body of the county legal person and the person issuing the decisions. administrative, on behalf of the starost, shall be accompanied by information on the method and timing of the cessation of business activity, if they have led it prior to the day of their choice, 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 county council, the wojewoda or starosta within 14 days from the date of the declaration of the default of the person who has not made a 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 district 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 the property of the member's administrative board, the district secretary, the district treasurer, the manager of the organizational unit the district, the managing person and the member of the management body of the county legal person and the person issuing administrative decisions on behalf of the starost, having regard to the prohibitions set out in respect of 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 25d. [ 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 district council shall transmit the old-age copies of the property statements made 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 and 352).

Art. 25e. (repealed)

Article 25f. [ Effects of non-declaration] 1. Failure to submit a declaration of property despite the expiry of the additional time limit referred to in art. 25c ust. 5a by:

(1) a councillor shall give an end to the term of office of art. 383 of the law referred to in art. 25b par. 2;

2) member of the administrative board, the district secretary, the district treasurer, the head of the district's organisational unit, the managing person, and a member of the management body of the county legal person and the person issuing administrative decisions on behalf of the starost- will result in the loss of their remuneration for the period from the date on which the statement should be made until the date of submission of the declaration.

2. If a member of the administrative board of the district or the treasurer of the district does not lodge within the time of the declaration of the property, the district council shall cancel them, by way of a resolution, at the latest 30 days from the date of expiry of the time limit for submission of the statement.

3. If the district secretary, the head of the district's organisational unit, the managing person and a member of the management body of the county legal person and the person issuing administrative decisions on behalf of the starost will not lodge 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 25g. [ 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. 25h. [ Prohibition of receiving a benefit from a subsidiary] 1. Member of the district management board, county treasurer, secretary of the county, head of the district's organisational unit, managing person and member of the management body of the county legal person and person issuing administrative decisions on behalf of the starost in the in the course of their duties or the duration of their employment and for a period of three years after the end of their duties or the establishment of employment, they may not accept any kind of property, free of charge or no payment at a lower level than that of the its actual value from the entity or entity dependent on it, if taking the participation in the decision on individual matters relating to his or her individual cases 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 26. [ District Administration] 1. The Management Board of the district shall be the executive body of the district.

2. The administrative board of the district shall be composed of the head of the district as its chairman, the deputy of the district and the other members.

2a. A member of the administrative board of the district may not be a person who is not a Polish citizen.

3. Membership of the district management may not be combined with membership in the authority of another local government unit and with employment in government administration, as well as with the mandate of the Member and the senator. The loss of membership of the administrative board shall take place on the day of selection or employment.

4. The Management Board and the members of the Management Board shall apply mutatis mutandis. 21 (1) 7.

Article 27. [ Selection of the starosty and the other members of the board] 1. The district council shall select the Management Board in the number from 3 to 5 persons, including the starostia and the deputy, within 3 months from the day of the announcement of the results of the elections by the competent electoral body, taking into account the paragraph. 2 and 3. The number of members of the Management Board shall be defined in the statutes of the

2. The district council elects an absolute majority of votes by a majority of the statutory composition of the Board, in a secret ballot.

3. The district council shall select the deputy and the other members of the Management Board at the request of the starost by a simple majority of votes in the presence of at least half of the statutory composition of the Board, in a secret ballot.

Article 28. [ Administrative board of directors] The Management Board of the District shall act until the date of election of the new Management Board, subject to 29 par. 5.

Article 29. [ Solution of the district council due to not making a selection of the board within the deadline] 1. If the district council does not make the selection of the Management Board within the period specified in Art. 27 ust. 1, dissolution from the power of law.

2. Information on the dissolution of the district council due to the reason referred to in the paragraph. 1 voivode shall immediately communicate in a manner which is customarily adopted in the area of the district and publish in the form of a notice in the Voivodship Official Journal.

3. After the dissolution of the district council due to the reason referred to in the mouth. 1 shall be carried out by early elections.

3a. Until the election of the Management Board by the new Board, the President of the Council of Ministers, at the request of the Minister responsible for the affairs of the public administration, shall designate the person who in this period shall act as the district authorities.

4. If the district council, selected as a result of the pre-term elections referred to in the paragraph, 3, shall not make a selection of the Management Board within the period specified in Article 27 ust. 1, dissolution from the power of law. The information on the dissolution of the Board shall be communicated in accordance with the procedure referred to in paragraph 2.

5. In the case referred to in paragraph. 4, there shall be no pre-term elections. Until the day of the election of the district council for the next term of office and the selection of the administrative board of the district task and the powers of the Board and the Management Board takes over the Government commissioner established by the Prime Minister at the request of the Minister competent for public administration.

6. The authorities of the district shall be dissolved under the law also in the cases referred to in art. 390 § 1 point 3 and § 5 of the Act of 5 January 2011 -Electoral Code.

7. In the case of changes in the territorial division of the State, the effects of which shall be determined by Article 390 § 5 and 8 of the Act referred to in paragraph 6, the provisions of the paragraph shall apply mutatis mutandis. 2-5 taking into account the principle that a person who, during this period, serves as the district authorities, shall be designated for each of the powiats resulting from changes in the territorial division of the State.

Article 30. [ Failure to give discharge to the Management Board] 1. The praise of the district council on the failure to grant discharge to the Management Board shall be equivalent to the submission of the application for the appeal of the Management Board, unless after the end of the financial year the administrative board has been cancelled for a different reason.

1a. The resolution on discharge of the district council shall be taken by an absolute majority of votes of the statutory composition of the district council.

2. The district council recognizes the case of the appeal of the Management Board for the reasons referred to in the paragraph. 1, at the session convened not earlier than after 14 days after the decision on the failure to grant discharge to the Management Board. After hearing the opinions referred to in art. 16 ust. 3, and with the resolution of the Regional Chamber of Auditors on the resolution of the district council not to grant discharge to the Management Board, the district council may revoke the Management Board by a majority of at least 3/5 of the votes of the statutory composition of the Board, in a secret ballot.

Article 31. [ Starosty reference] 1. The district council may cancel the starostess for a different reason than the failure to grant discharge only at the request of at least 1/4 of the statutory council composition.

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 reference of the starost shall take place by a majority of at least 3/5 votes of the statutory composition of the Board, in secret ballot. The vote on the appeal of the district council shall be carried out after hearing the opinion of the review committee at the next session after the one on which the request for appeal was submitted, but not earlier than one month from the date of filing of the request. If an application for an old age appeal has not obtained the required majority of votes, a subsequent request for appeal may be requested not earlier than after 6 months from the previous vote.

4. The resignation of the starosty or the resignation by him is, respectively, equivalent to the cancellation of the entire administrative board of the district or the submission of resignation by the entire administrative board of the district.

5. The district council may, on a reasoned request from the starosty, revoke the individual members of the Management Board by simple majority of votes in the presence of at least half of the statutory composition of the Board, in a secret ballot.

Art. 31a. [ Resignation of the starosty] 1. In the event of the submission of the resignation by the appendix, the party shall be adopted by a simple

2. In the event of the resignation of the starosty the district council at the nearest session shall take a resolution to accept the resignation of the

3. The failure to adopt the resolution referred to in paragraph 3. 2, shall be tantamount to the adoption of the resignation on the last day of the month in which the session of the district council referred to in the paragraph has been held. 2.

Article 31b. [ Selection of new management] 1. In the event of cancellation or resignation of the whole Board of the Board of the District Council shall elect a new management board in the mode referred to in art. 27, as appropriate, within 3 months of the day of appeal or from the date of acceptance of the resignation. In the event of failure to choose a new board within 3 months from the date of cancellation or from the date of acceptance of the resignation, the provisions of Article 29 shall apply mutatis mutandis.

2. In the case of cancellation of a member of the management board not being the chairman, the district council shall select a new member of the management board within 1 month from the day of referral.

3. The Board of Appeal's Board of Appeal or its individual members shall carry out their duties until the election of the new Board or individual members of the Board. The district council may exempt a member of the board from this obligation.

4. Paragraph Recipe The first sentence shall apply mutatis mutandis in the case of the resignation of the whole Board.

Article 31c. [ Resignation of the membership of the Management Board] 1. In the case of the lodging of the resignation from membership of the Management Board by a member not of its chairman, the district council shall adopt a resolution to accept the resignation and release from the duties of a member of the Management Board by a simple majority of votes no later than within 1 month from the date of the resignation.

2. Failure by the district council to adopt a resolution within the time limit referred to in paragraph. 1, shall be tantamount to the adoption of the resignation on the last day of the month in which the resolution should be taken.

3. In the case of a resignation by a member of the management not being the chairman, the starosta shall be obliged, at the latest within 1 month from the date of acceptance of the resignation or expiry of the period referred to in paragraph. 2, present to the district council a new candidacy for a member of the Management Board.

Article 32. [ Management Tasks] 1. The Management Board of the district shall implement the resolutions of the county council and the tasks of the county determined by the provisions of law.

2. The tasks of the administrative board of the district shall be in particular:

1) preparing draft resolutions of the Board;

2) the implementation of the resolution of the Board;

2a) development of development programmes in accordance with the rules on the principles of development policy;

3) the management of the district's holding;

4) implementation of the district budget;

5) hiring and relieving the managers of the district's organizational units;

6) the adoption of the rules of procedure of the district starosty.

3. In the implementation of the tasks, the administrative board shall be subject only to the district council.

4. The internal organisation and the working mode of the Management Board shall determine the statutes of the district.

5. The statute of the district shall be published in the voivodship journal.

Article 33. [ Execution of tasks by the Management Board] The Management Board performs the tasks of the district with the assistance of district starosty and the district offices of the district, including the district labour office.

Art 33a. [ Service assistant manager support camera] 1. The district managers of the services, inspections and guards shall carry out the tasks and competences laid down in the laws and competences by the organizational units-commands and inspectorates.

2. The organizational units constituting the auxiliary apparatus of the district managers of the services, inspections and guards may create, convert and liquidate the wojewoda, at the request of the starost, opinionated by the relevant manager of the team of service, inspection or Provincial guards, unless otherwise provided by separate regulations.

3. The organisational units referred to in the paragraph. 2, with the exception of the Police Organisational Units, shall be the district budget units within the meaning of the provisions the Act of 26 November 1998. on public finances (Dz. U. 2003 r. items 148, 391, 594 and 874 and of 2005 items 2104) [ 1] .

4. Specific conditions or rules for the appointment, cancellation and the mode of hiring and dismissal of the managers and employees of the district services, inspections and guards shall specify the separate statutes.

Article 33b. [ Welded complex administration] The district administration of the district administration is:

1. district starostwo;

2) the district labour office, which is an organisational unit of the district;

3) organizational units constituting the auxiliary apparatus of the district managers of the services, inspections and guards.

Article 34. [ Competence of the starosty] 1. The Starosta organizes the work of the district management and district starosty, directs the current affairs of the district and represents the district outside.

1a. The Starosta develops the operational plan of protection against flooding and announces and cancels the emergency and flood alarm.

1b. In the event of a state of natural disaster, the starosta shall act on the basis of separate rules.

2. In cases of urgency, relating to the threat of public interest, directly threatening health and life, and in cases likely to cause significant material damage, the starosta shall take the necessary steps in the property the administrative board of the district This does not concern the issue of ordinal provisions in the case referred to in art. 42 par. 2.

3. The activities referred to in paragraph 1. 2, require the presentation to be approved at the nearest meeting of the administrative board of the district.

Article 35. [ Organisational regulations of the old age] 1. The organization and rules of the functioning of the district starosty shall be determined by the rules of procedure.

2. The Starosta is the head of the district starosty and the official head of the employees of the district and head of the district offices of the district and the head of the district services, inspection and guard.

3. The Starosta exercising authority in relation to the district services, inspections and guards:

1) appoint and cancel the managers of these units, in agreement with the wojewater, and also perform acts on them in matters of labour law, if the special provisions do not otherwise provide;

2) approve the programmes of their action;

3) agree on the joint operation of these units in the area of the district;

4. in special situations, it shall direct the joint activities of those undertakings;

5) order, in justified cases, to carry out an inspection.

Article 36. [ Regulations of district organizational units] 1. The organization and rules of functioning of the district's organizational units shall determine the organisational regulations adopted by the district administration, unless otherwise provided by separate regulations.

2. The legal status of the employees of the district starosty and the organizational units of the district shall be specified by a separate law.

Article 37. [ Appointment and appeals of the secretary and treasurer of the district] 1. The district council appoints and refers to the district treasurer at the request of the starost.

2. The secretary and treasurer shall participate in the work of the administrative board of the district and may participate in the deliberations of the district council and its committee with an advisory vote.

Article 38. [ Issuance of decisions on matters belonging to the property of the district] 1. In individual cases of public administration belonging to the property of the district, the decisions shall be issued by the starosta, unless the special provisions provide for the issuance of decisions by the administrative board of the district.

2. The Starosta may authorize the deputy, individual members of the administrative board of the district, employees of the starosty, district services, inspection and guard, and the managers of the district's organisational units to issue on his behalf the decisions referred to in the paragraph. 1.

2a. Decisions issued by the administrative board of the public administration are signed by the starosta. The decision shall mention the names of the members of the Management Board who took part in the decision.

3. From the decisions referred to in paragraph. 1 and 2, shall be used to refer to the local authority of the Board of Appeal, except where otherwise provided for in the specific provision.

Article 38a. [ Commission security and order] 1. In order to carry out the tasks of the starost in respect of the authority over the district services, inspections and guards and the tasks defined in the laws on public order and security of the citizens, shall be created a committee of security and order, hereinafter referred to as 'the Commission'.

2. The tasks of the Commission shall be:

1) an assessment of the threats of public order and the security of citizens within the district;

2) opinion of the work of the Police and other district services, inspections and guards, as well as the organizational units performing in the district the task of public order and the security of citizens;

3) preparing the district project of the Crime Prevention Programme and the public order and security of citizens;

4) to give an opinion on the projects of other programmes of the cooperation of the Police and other district services, inspections and guards, and of the organisational units operating in the district public policy and public security tasks;

5) opinion of the draft budget of the district-to the extent referred to in point 1;

6) the opinion of draft laws of local law and other documents in matters related to the performance of tasks referred to in points 1, 2 and 4;

7) an opinion, commissioned by the appendage, other than those mentioned in point 2 and point 4-6 of issues relating to public policy and the security of citizens.

3. The president of the city on the rights of the district and the starost of the district bordering such a city may form, by agreement, a joint commission for the city on the rights of the district and the district bordering such a city. In this case, the president of the city and the old age co-chair the committee.

4. The agreement referred to in paragraph 1. 3, shall specify in particular:

1) the mode of appointment of the members of the committees referred to in paragraph 1. 5 points 2 to 4;

2. the rules for covering the costs of action of the commission and reimbursement of the members of the commission and of persons appointed to participate in the work of expenditure actually incurred in connection with the participation in the work of the Commission;

3) the rules for the administrative and office services of the committee.

5. The committee shall be composed of:

1. starosta as chairman of the committee;

2) two councillors delegated by the district council;

3) three persons appointed by the appellants from among the distinguished persons are aware of the problems which are the subject of the work of the committee and of the local community of personal authority and public trust, and in particular representatives of the municipal authorities, non-governmental organisations, education workers, as well as institutions dealing with the fight against social pathology and prevention of unemployment;

4) two representatives delegated by the district commandant (urban) Police, and in the case of the Warsaw University delegated by the Police Commander of the Metropolitan Police.

6. The public prosecutor, designated by the competent district attorney, shall also participate in the work of the committee.

7. The Starosta may refer to the work of the commission of officers and staff other than the district police of the services, inspections and guards, and employees of other public administration bodies carrying out public policy tasks and the security of citizens within the district.

8. The officers and employees referred to in paragraph. 7, participate in the work of the committee with a consultative voice.

9. The tenure of the commission shall be 3 years.

10. The appeal of a member of the commission before the expiry of the term of office by the body which has called or delegated it shall be possible only for valid reasons, which shall be given in writing. Membership of a council of councillors delegated by the district council will always cease with the expiry of its mandate.

11. In the event of the death, cancellation or resignation of a member of the committee before the expiry of the term of office, the body which has appointed or delegated it shall appoint or delegate a new member of the commission for the remainder of the term of office of the previous member.

Article 38b. [ Collaboration on job execution] 1. The president of the commission, in order to carry out the tasks of the commission, may demand from the Police and other district services, inspections and guards, as well as from the district and municipal agencies performing tasks in the field of public order and the security of citizens, documents and information about their work, with the exception of the personnel files of employees and officers, operational or investigation materials or investigations and the act on individual administrative matters.

2. In the performance of its tasks, the Commission may cooperate with local authorities in the district, as well as associations, foundations, churches and religious associations, as well as other organizations and institutions.

3. No later than the end of January of the following calendar year, the starosta shall submit to the district council a report on the activities of the commission for the previous year. The starosty report shall be published in the Voivodship Official Journal.

Article 38c. [ Commission costs] 1. The costs of the commission shall be borne by the budgetary resources of the county budget. The district council shall lay down rules for the reimbursement of members of the commission and of persons appointed to participate in the work of expenditure actually incurred in connection with the participation in the work of the Commission by applying, mutatis mutandis, the reimbursement of travel expenses for councillors. County.

2. The administrative and office support of the committee shall be provided by the old age.

Article 39. (repealed)

Chapter 4

Acts of local law which are constituted by the county

Article 40. [ Acts of local law] 1. On the basis of and within the limits of the entitlements contained in the Laws of the District Council constitutes the acts of local law in force in the area of the district.

2. The acts of local law shall be, in particular, in matters of:

1) requiring regulation in the statutes;

(2) the order referred to in Article 4 (2). 41;

(3) a specific mode of management of the district's management;

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

Article 41. [ County ordinal provisions] 1. In an unregulated range in separate laws or other regulations universally applicable, in particularly justified cases, the district council may issue district ordinal regulations, if necessary for the protection of life, health or property of citizens, protection of the environment or to ensure order, tranquility and public safety, as long as these causes occur in the area of more than one municipality.

2. The district ordinal provisions referred to in paragraph 2. 1, may provide for their violation of the fine imposed in the mode and on the rules laid down in the law on misdemeanor.

Article 42. [ Form of acts of local law] 1. The provisions of the law of the local district shall be constituted by the council of the district in the form of a resolution, if the law authorizing the adoption of the act does not constitute otherwise.

2. The district ordinal provisions referred to in art. 41, in cases of urgent delay, may issue a management board.

3. The district ordinal provisions referred to in paragraph 1. 2, shall be subject to approval at the nearest session of the county council. They shall lose power in the event that they are not submitted for approval or for refusal of approval. The expiry date shall be determined by the Council of the County Council.

4. The Starosta sends the ordinal provisions to the news to the executive bodies of the municipalities located in the area of the district and the starostom of the neighboring districts the following day after their establishment.

Article 43. [ Signing and directing local legislation for publication] 1. (repealed)

2. The acts of local law shall be signed as soon as they are adopted by the chairman of the district council and shall be referred to the publication.

3. (repealed)

4. (repealed)

Article 44. [ The rules and mode of publication of local laws and the issuing of the voivodship of official journal] The rules and procedure for the publication of local laws and the issue of the voivodship of the official journal 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).

Article 45. (repealed)

Chapter 5

County Property

Article 46. [ Property belonging to the district] 1. The property of the district shall be the property and other property rights acquired by the county or other district legal persons.

2. The county legal persons, apart from the district, are self-government organisational units, whose laws confer such status directly, and those legal entities which can be created on the basis of separate laws exclusively by the county.

3. The county shall be in a civil-law relationship a subject of rights and obligations which concern the property of a district not belonging to other counties of legal entities.

Article 47. [ Acquisition of property by county] 1. Acquisition of property by county takes place:

1) on the basis of a separate law, subject to the fact that it does not constitute the property of any municipality;

2) by transmission in connection with the creation or change of the borderline of the district in art mode. 3; the transfer of property takes place by mutual agreement of the counties 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 the affairs of the public administration;

3) as a result of the takeover from the State Treasury on the basis of an agreement, excluding the property intended to satisfy reprivatisation claims and the implementation of the program of universal expropriation;

4) by other legal acts;

5. in other cases specified by separate provisions.

2. The Council of Ministers shall, by regulation, determine:

1) the mode of transfer of property by the Treasury of the counties, taking into account the needs in the performance of the tasks of the powiats;

(2) the categories of property excluded from the transmission of the powiats, intended to satisfy reprivatisation claims and the implementation of the scheme of universal expropriation.

Article 48. [ Rules for District Representation] 1. The declaration of will in property matters on behalf of the district shall consist of two members of the Management Board or one member of the Management Board and a person authorized by the Management Board.

2. The Management Board may authorize the employees of the starosty, the district managers of the services, inspections and guards, and the organization units of the district to submit statements of will related to the conduct of the current activity of the district.

3. If a legal action may result in the creation of property obligations, it is necessary for its effectiveness to counteract the treasurer of the district or the person authorized by it.

4. The Treasurer of the district, who refused to counterattack, nevertheless has the obligation to make a written order of the starost, while notifying the district council and the regional chamber of auditors thereof.

Article 49. [ Liability for commitments] The county shall not be liable for the obligations of other county legal persons, unless the special provision provides otherwise. Other district legal persons are not responsible for the obligations of the district.

Article 50. [ Obligation of action with special care] The Management Board and protection of the property of the district should be carried out with special care.

Chapter 6

County Finances

Article 51. [ District Budget] 1. The district itself conducts financial economy on the basis of the budget resolution.

2. (repealed)

3. (repealed)

Article 52. (repealed)

Article 53. [ Draft of the draft budget resolution] The district council shall, in determining the mode of work of the draft budget resolution, take account in particular of the responsibilities of the district services, the inspection and the guard in the course of the work on the project.

Article 54. (repealed)

Article 55. (repealed)

Article 56. [ Financing of tasks transferred to the district by statute] 1. (repealed)

2. (repealed)

3. The transfer of new tasks to the district, by means of statutes, requires the financial resources required for their implementation in the form of an increase in revenue.

Article 57. (repealed)

Article 58. (repealed)

Article 59. (repealed)

Article 60. [ Liability for implementation of the budget] 1. The administrative board of the district is responsible for the proper implementation of the district budget.

2. The administrative board shall be entitled to an exclusive right:

1. the commitment of commitments to be covered by expenditure amounts determined in the resolution of the budgetary authority, within the framework of the authorisations granted by the district council;

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

3) making budget expenditure;

4) to submit proposals for changes to the county budget;

5) disposing of the budget reserve of the district;

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

Article 61. [ Disclosure of financial economy of the district] The economy of financial resources at the disposal of the district is open. The disclosure requirement shall be met in particular by:

(1) the publicity of the budgetary debate;

2. publication of the budgetary resolution and the reports on the implementation of the district budget;

3) presentation of the full list of the amounts of the customs subsidies granted from the district budget;

4) disclosure of the Management Board's report from the activities referred to in art. 60 par. 2 points 1 and 2.

Article 62. (repealed)

Article 63. [ Disposition of cash and making available] The cash disposition of the county shall be separate from the cash execution of the district.

Article 64. [ Control of financial economy] 1. The audit of the financial economy of the district shall be exercised by the Regional Chamber of Commerce.

2. (repealed)

Chapter 7

Association of powiats and districts and associations and associations of powiats

Article 65. [ Creating relationships with other powiats] 1. In order to jointly perform public tasks, including the issuance of decisions in individual matters of public administration, the counties may form relationships with other counties. The relationship may also be created for the purpose of the joint operation referred to in art. 6a.

2. Resolutions for the establishment of a union, accession to a union or a speech from the association shall be taken by the counties concerned.

3. The rights and obligations of the counties participating in the relationship, connected with the performance of the tasks transferred to the union, shall go into connection with the day of the announcement of the statute of association.

4. Articles shall apply mutatis mutandis to the association of powiats. 38.

Article 66. [ Powers of the union] 1. The Union shall perform public tasks on its own behalf and on its own responsibility.

2. The Union shall have legal personality.

Article 67. [ Statute Of Association] 1. The formation of the union and the accession of the district 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 councils concerned or the council of the district concerned.

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 77b ust. 3 and art. 85 shall apply mutatis mutandis.

1c. In the proceedings concerning the arrangement of the draft statutes of the association of powiats intending to form a union represents the starosta of one of the counties authorized by the appendices of the other counties.

2. The statutes of a relationship should specify:

1. the name and seat of the compound;

2) the members and 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) (repealed)

10) other rules defining interoperability.

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

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

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 Chair of the union shall transmit within 7 days from the day of its taking the counties of the counties participating in the union, and in the case where the amending resolution concerns the accession to the union of the new district- Also, the council of this district.

3. The district council may, in the form of a resolution, object to the resolution amending the statutes of the union within 30 days from the date of service of that 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 powiats compounds] 1. The register of the union of powiats shall lead the Minister responsible for public administration.

2. The entry in the register of powiats compounds shall be made on the basis of the declaration of the wojewater.

3. The notification referred to in paragraph. 2, may concern:

1) registration of the association of powiats;

2) amendments to the Statutes of the County Association;

3) removal of the association of powiats from the register of association of powiats.

4. The notification referred to in paragraph. 2, shall contain a declaration of legality of the resolutions giving rise to the filing of the notification.

5. The notification referred to in paragraph. 2, 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).

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

1. the procedure for dealing with cases:

(a) registration of powiats ' association

(b) the registration of the amendment of the Statutes

(c) the deletion of the association of powiats from the register of powiats compounds,

2) the model of the notification for the registration of the association of powiats,

3) a model of notification on the amendment of the Statutes of the County Association,

4) the model of the notification on the deletion of the association of powiats from the register of powiats compounds,

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 association of powiats, including the way of making entries in this register,

7) the scope of the data to be entered in the register of the association of powiats,

8) the mode of announcing the Statute of the Association of the powiats, the amendment of the Statutes and the information on the deletion of the association of powiats from the Register of District Associations

-having regard to the need to ensure the efficiency of the handling of entries in the register of powiats compounds and the publication of the acts and information referred to in point 8, the uniformity of the notifications, and taking into account that the register of compounds the counties should, in particular, include the name of the association of powiats and its seat, the designation of the powiats participating in the association and an indication of the tasks

Article 69. [ Assembly of union] 1. The body of the union is the association of the union, hereinafter referred to as the "assembly".

2. The rules of representation of the district in association shall be determined by the Council of the District, except that the assembly shall be composed of two representatives of the counties participating in the association.

Article 70. [ Assemblies of the Class] 1. Resolutions of the congregation shall be taken by an absolute majority of the statutory number of the members of the assembly.

2. A member of the congregation may lodge a written objection together with the justification in relation to the resolutions of the congregation within 7 days from the day of its taking.

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

4. Opposition cannot be reported against a resolution taken as a result of reconsideration of the case.

Article 71. [ 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 the members of the assembly.

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

Article 72. [ The financial economy of the union] 1. The financial economy of the counties shall apply mutatis mutandis to the financial economy of powiats.

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

Article 72a. [ The county-municipal union] 1. In order to jointly perform public tasks, including the issuance of decisions in individual cases with the scope of public administration, the counties may create links with the municipalities, forming a district-municipal union. The relationship may also be created for the purpose of the joint operation referred to in art. 6a and in art. 10a of the Act of 8 March 1990. of the municipal government.

2. The regulations concerning the association of powiats shall apply to the district and municipal association, except that:

1) in the proceedings concerning the arrangement of the draft statutes of the association of district and municipal counties intending to form a union represents the starosta of one of the counties or the mayor of one of the communes authorized by the appendices and the voters of the other counties and municipalities;

2) the rules of representation of entities in relation to the statutes of the union.

Article 72b. [ Register of district and municipal unions] 1. The register of district and municipal unions is run by the Minister responsible for the affairs of the public administration. The provisions of Article 4 68 par. 2-5 shall apply mutatis mutandis.

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

1. the procedure for dealing with cases:

(a) the registration of the district-communal association,

(b) the registration of the amendment of the Statutes of the County Association,

c) the deletion of the district-municipal association from the register of district-municipal unions,

2) the model of the notification on the registration of the district-communal association,

3) a model of notification on the amendment of the statute of the district-communal association,

4) the model of the notification on the deletion of the district-municipal association from the register of district-municipal unions,

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 district and municipal unions, including the way of making entries in this register,

7) the scope of the data subject to the entry in the register of district-municipal unions,

8) the mode of announcing the statute of the district-municipal union, the amendment of this statute and the information on the deletion of the district and municipal association from the register of district and municipal unions

-having regard to the need to ensure the efficiency of the handling of entries in the register of district and municipal unions and the publication of the acts and information referred to in point 8, the uniformity of the notifications and taking into account that the register the communal and municipal unions should, in particular, contain the name of the district and county compound, the designation of powiats and communes participating in the compound and an indication of the tasks of the association.

Article 72c. [ Transformation of the association of powiats in the district and municipal union] 1. The association of powiats may take part in the commune. In such a case there is a transformation of the association of powiats into a district-municipal union.

2. The conversion of the association of powiats or the transformation of the inter-communal association into a district-municipal union requires a change of the statute of the association in the mode and on the rules concerning respectively the association of powiats or the intercommunal association.

3. The poviato-communal association on the date of the publication of the statutes shall enter into all the rights and obligations of the converted relationship.

4. The bodies of the district and municipal union shall become the competent authorities or parties to the instituted and uncompleted administrative and judicial proceedings.

5. Disclosure in the perpetual books or in the registers of transition to the relationship referred to in paragraph. 1, the rights disclosed in those books or in the registers shall be made at the request of the union.

Article 73. [ Agreement of powiats on entruning the conduct of public tasks] 1. Powers may conclude agreements to entrust one of them to the conduct of public tasks.

2. On the unregulated content of the agreement to the agreements referred to in the paragraph. 1, the provisions relating to the union of powiats shall apply accordingly.

Article 74. (repealed)

Article 75. [ Association with powiats] 1. The counties may form associations, including those with municipalities and voivodships.

2. The associations referred to in paragraph shall be referred to in paragraph 2. 1, the provisions of the Act of 7 April 1989 shall apply accordingly. -Law on associations (Dz. U. of 2015 items 1393 and 1923), since at least 3 founders are required for the establishment of the association.

Article 75a. [ Principles of joining the district to international associations of local and regional communities] The rules for the accession of the district to the international associations of local and regional communities lay down separate provisions.

Chapter 8

Supervision of the district's activities

Article 76. [ Supervision of the President of the Council of Ministers 1. Supervision of the activities of the district shall be carried out by the President of the Council of Ministers and the voyeon, and in the area of financial matters, the regional chamber of auditors.

2. The supervisory authorities may enter into the activities of the district only in the cases specified by statutes.

3. The supervision of the union of powiats shall be exercised by the competent authority for the seat of the union.

Article 77. [ Surveillance criteria] The supervision of the implementation of the tasks of the district is carried out on the basis of the criterion of legality.

Art. 77a. [ Authority of Supervisors] The supervisory authorities shall have the right to request information and data relating to the organisation and operation of the district which is necessary for the exercise of their supervisory powers.

Art 77b. [ Appointment by the Authority] 1. If the law makes the validity of the decision of the district authority subject to its approval, arrangement or opinion by another body, the seizure of the position by that authority 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. 2.

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

3. If the body referred to in paragraph 1 and 2, it shall not take a position on the matter, the decision shall be deemed to have been adopted in the wording submitted by the county, with the expiry of the period laid down in the paragraph. 1 or 2.

4. To approve, reconciliate or give an opinion by the district authorities to the resolutions of the other authorities of the paragraph. 1-3 shall apply mutatis mutandis.

Article 78. [ Submission of the uchving of the wojewater] 1. The Starosta shall be obliged to submit the wojewoda to pass the advice within 7 days from the day of their taking. Resolutions of the district authorities on the issue of ordinal provisions shall be transmitted within two days of their adoption.

2. The Starosta shall submit to the Regional Chamber of Auditors, in accordance with the rules laid down in the paragraph. 1, the budget resolution, the resolution on discharge for the management board and other resolutions falling within the scope of the surveillance of the chamber.

Article 79. [ Validity of the resolution of the district authority] 1. The praise of the district authority against the law is invalid. The decision of the supervisory authority shall be void in whole or in part within no more than 30 days from the date on which it is served by the supervisory authority.

2. The supervisory authority, when initiating proceedings for the annulment of a resolution or in the course of that proceedings, may halt the implementation of the resolution.

2a. Provision of the paragraph 2 shall not apply to the resolution of appeals to 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 case of insignificant infringement of the law, the supervisory authority shall not declare the annulment of the resolution by limiting itself to indicating that the resolution was issued in violation of the law.

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

Article 80. [ Invalid Resolution] 1. The declaration by the authority of the invalidity of the resolution of the district body shall withhold its 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 the resolution of appeals to the administrative court.

Art. 80a. [ Designation of the hearing] In the case of submission by the district authority of the complaint to the supervisory resolution, the administrative court shall appoint a trial no later than within 30 days from the date of receipt of the complaint to the court.

Article 81. [ The review of the resolution by the supervisory authority] 1. After the expiry of the period referred to in art. 79 par. 1, the supervisory authority may not, in its own right, annul the resolution of the district authority. In this case, the supervisory authority may challenge the resolution of the administrative court.

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

Article 82. [ Prohibition of annulment of a resolution] 1. The decision of the district body shall not be declared void after 1 year from the date of its taking, unless the obligation to submit a resolution within the time limit referred to in Article 4 has been revoked. 78 par. 1, or if the resolution is an act of local law.

2. If no invalidity of the resolution has been declared due to the expiry of the period specified in the paragraph. 1, and there are grounds for annulment, the administrative court adjudicates the illegality of the resolution. Such a resolution shall cease to have effect on the date of the decision on its illegality. The provisions of the Code of Administrative Procedure as to the effects of such a decision shall apply accordingly.

Article 83. [ Solution of district authorities] 1. In the event of repeated violations by the district council of the Constitution or statutes, the Sejm, at the request of the President of the Council of Ministers, may, by way of resolution, terminate the district council. The solution of the council is tantamount to the solution of all district authorities. At the request of the Minister responsible for public administration, the President of the Council of Ministers shall designate the person who, until the election of the new district authorities, shall act as those bodies.

2. If the repeated infringement of the Constitution or the statutes of the district administration is allowed, the wojewoda shall call on the district council to take the necessary measures, and if the summons do not take effect-through the minister competent for affairs public administration-request the President of the Council of Ministers to dissolve the administrative board of the district. In case of termination of the Management Board, until the selection of the new Management Board, the function of the Management Board shall be the person appointed by the Prime Minister

Article 84. [ Establishment of the Board of Directors] 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 district authorities, the President of the Council of Ministers, at the request of the minister competent for public administration, may suspend the district authorities and the establishment of the Board of Directors for a period of up to 2 years, but no longer than the selection of the Management Board by the Board of the next term of office.

2. The establishment of the Board of Directors may follow the prior presentation of objections to the district authorities and invite them to submit a programme of improvement to the situation without delay.

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

4. The governmental commissioner takes over the tasks and competences of the district authorities with the day of appointment.

Article 85. [ Challenge of supervisory decisions] 1. Resolutions of the supervisory authority concerning the district, including the resolutions referred to in art. 83 (1) 2 and Art. 84 (1) 1, as well as the position taken in accordance with art mode. 77b, are subject to appeal to the administrative court on account of the illegality, within 30 days of the date of their service.

2. Paragraph Recipe 1 shall apply mutatis mutandis to the decisions of union bodies and powiats ' agreements.

3. The lodging of the complaint shall be entitled to the district or association of powiats whose legal interest, entitlement or competence has been infringed. A complaint shall be based on the decision of the body which adopted the resolution or of which it relates to the decision of the supervisory authority.

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

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.

Article 85a. [ Obligations arising from the Act on limiting the conduct of business by persons performing public functions] 1. If the competent authority of the district, contrary to the obligation arising from the provisions of the Art 383 § 2 and 6 of the Act referred to in art. 29 par. 6, and Art. 5 par. 2, 3 and 5 of the Act of 21 August 1997. to limit the conduct of the business by persons performing public functions, in so far as the mandate of the councillor is to expire, to cancel the position or to terminate the employment contract with a member of the administrative board of the county, the secretary the district, the district treasurer, the head of the district's organisational unit and the managing person, or a member of the management body of the county legal person, does not take a resolution, does not cancel the post or dissolve the employment contract, the water-water-water- calls on the district authority to take the relevant 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 85 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 86. [ Exemption from court fees] The court proceedings referred to in the preceding Articles shall be free of charge.

Article 87. [ Appeal of the resolution to the administrative court] 1. Anyone whose legal interest or entitlement has been infringed by the resolution taken by the district authority on the scope of public administration may, after an unsuccessfully call for the removal of the infringement, challenge the resolution 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.

3. The Treasury for the resolution referred to in paragraph. 1, you can bring to the administrative court on your own behalf or representing a group of residents of the district who will make written consent for it.

4. 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.

Article 88. [ Relevant application of the provisions] 1. Rules of Art. 87 shall apply mutatis mutandis where the district authority 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 district.

Article 89. [ Exclusion of the provisions of Chapter] The provisions of this Chapter shall not apply to individual decisions in matters of public administration, issued by the district authorities and associations of powiats. Instance control in this field and non-instance supervision, as well as the control exercised by the court, lay down separate provisions.

Article 90. [ Application of chapter provisions] The provisions of this Chapter shall also apply to the relationships and agreements referred to in the Act.

Art. 90a. [ Disable the application of the provisions of other laws] 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 9

Cities on the rights of the district

Article 91. [ The City on the Rights of the District] The rights of the county shall be entitled to the cities which, on 31 December 1998, were to be granted. With more than 100 000 inhabitants, as well as cities which, with this day, ceased to be the seat of the voters, unless, at the request of the competent municipal council, it was waiving the town's rights and the status of the town on the rights of the city. The first division of the administrative division of the country into the counties is to be carried out.

Article 92. [ The district authorities in the city on the rights of the district] 1. The functions of the district authorities in the cities on the rights of the district shall exercise:

1) the city council;

2) the president of the city.

2. The city on the rights of the district is the municipality performing the tasks of the county on the basis of the principles laid down in this Act.

3. The dress and activity of the city bodies on the rights of the district, including the name, composition, count, and their appointment and appeal, as well as the principles of supervision shall be determined by the Act on Local Government.

Chapter 10

Final provision

Article 93. [ Entry into force] The Act shall enter into force within the period and under the rules laid down in a separate law, with the exception of the provision of art. 3, which shall enter into force on the day of the announcement of the Act.

[ 1] Currently the Act of 27 August 2009. on public finances (Dz. U. of 2013 r. items 885, late zm.), on the basis of art. 118 (1) 3 of the Act of 27 August 2009. -Provisions introducing a law on public finances (Dz. U. Nr. 157, pos. 1241 of late. zm.), which entered into force on 1 January 2010.