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PROPOSED LAW NO. 129 /X

Exhibition of Motives

The humanitarian associations of firefighters have been providing over more than a century

a relevant contribution to the guarantee of the protection of citizens and their goods in

all the national territory.

The time has come to recognize the importance and the specific character and

irreplaceable of the services provided by this associative movement, which integrates about

of four hundred associations and more than thirty thousand firefighters and which has gone into transforming

in an essential link for the fulfillment of functions that competed in the State.

Having present this reality, it is important to establish its appropriate framework

legal, today reduced to a set of rules of the Administrative Code, insufficient

and partially revoked, thus defining the essential aspects of your organization,

its support, supervisory and guardian regimes, as well as the respective

confederation and federations, and regulate their functioning, with respect to the

associative autonomy, but ensuring its indispensable articulation with the

regulatory and auditing entities.

It follows, thus, the path already tread relatively to other associations that cooperate

with the State for the pursuit of purposes of general interest, such as mutuals, the

particular institutions of social solidarity or the associations of protection of the

environment, which have seen already enshrined a legal regime appropriate to the specificities of the

their different missions.

Sweating gaps in public powers in an area of the utmost importance for the interest

general-that of the protection of human lives and goods-the humanitarian associations of

firefighters correspond to a modality of private exercise of public functions

where the intervention and administrative and financial control have to be greater, reason

by which it reiterates its nature of legal persons of public utility

administrative.

It matters yet to highlight the consecration as a confederation of the League of Firefighters

Portuguese, who for more than seventy five years has been serving irreplaceable paper,

either in support of this national reality, or in the promotion of volunteerism. The

legal consecration of its right, recognized since 1932, to manage the Fund of

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Firefighter Social Protection and consideration as a partner in the definition of the

national policies in the areas of protection and distress to populations, complete the framework

of valorisation of the Portuguese Firefighters League.

With the present legislative instrument it is still determined the establishment scheme of the

federations of humanitarian fire associations, while essential element of

conjugation and articulation with the civil protection authorities.

The National Association of Portuguese Municipalities and the Association were heard

National of Freguesias, and the optional title, the League of Portuguese Firefighters and the

National Association of Professional Firefighters.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Legal Regime of the Humanitarian Associations of Firefighters

CHAPTER I

General provisions

Article 1.

Subject

This Law defines the legal regime of the humanitarian associations of firefighters, as well

as the rules of its association in confederation and federations.

Article 2.

Humanitarian associations of firefighters

1-The humanitarian associations of firefighters, hereinafter abbreviated by

associations, are not-for-profit legal persons that have as scope

main the protection of persons and goods, specifically the relief of injuries,

sick or naufrage, and the extinguishing of fires, detaining and maintaining in activity,

for the purpose, a voluntary or mixed fire department, with observance of the

defined in the legal regime of the fire bodies.

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2-With strict observance of its non-profit-making end and without prejudice to its scope

main, the associations can develop other activities, individually or

in association, partnership or by any other legally foreseen society-wide form,

with other natural or legal persons, as long as permitted by the statutes.

3-A The designation of humanitarian fire association is exclusive to the associations

whose legal regime is governed by this Law, and may not be adopted by

other entities, albeit with identical purposes, but not inmates of bodies of

firefighters.

Article 3.

Acquisition of legal personality

The associations acquire legal personality and are recognized as persons

administrative public utility collective with its constitution.

Article 4.

Act of constitution and statutes

1-The act of constitution of the association specifies the goods or services with which the

associates compete for the social heritage, the denomination, the head office and the end of the

association, which necessarily includes the reference to the detention and maintenance of a

volunteer fire department or mixed, as well as the shape of its functioning.

2-In addition to the specifications mentioned in the preceding paragraph, the statutes of the

associations determine the composition and competence of social bodies, the form of

designate the respective holders, as well as the obligations and responsibility

of these to with the association, and may further specify the rights and obligations of the

associates, the conditions of their admission, exit and exclusion, as well as the terms of the

extinction of the collective person and consequent fate of its heritage.

3-A denomination of the association shall necessarily include the designation " association

Humanitarian of firefighters ".

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Article 5.

Form and advertising

1-The act of constitution of the association, the statutes and their amendments shall appear

of public scripture.

2-The notary shall, officiously and at the expense of the association, communicate the constitution

and statutes, as well as amendments thereof, to the National Protection Authority

Civil, and remit an extract for the mandatory publication in two papers of

regional expansion.

3-A The National Civil Protection Authority publishes on its website the

constitution and the statutes of the humanitarian associations of firefighters, as well as the

changes to these.

4-The act of constitution, the statutes of the associations, as well as their amendments,

do not produce effects with respect to third parties as long as they are not published.

Article 6.

Registration

1-Without prejudice to other forms of registration provided for in the law, the Ministry of

Internal Administration, through the National Civil Protection Authority, maintains

an up-to-date record of the associations and federations.

2-For the purposes of the provisions of the preceding paragraph, the Institute of Registries and Notariat,

I. P., provides by electronic means the necessary information to the National Authority of

Civil protection, without costs for the association.

Article 7.

Capacity

The capacity of the associations covers all the necessary rights and obligations or

convenient to the pursuit of their ends, with the exception of rights and obligations

vetted by law or that are inseparable from the singular personality.

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Article 8.

Institutional cooperation

The institutional cooperation of central, regional and local government and too many people

public collective agreements with the associations, federations and confederation are governed with respect

by associative freedom and aims at acceptance, appreciation and support for its scope

main, in the terms of the law.

Article 9.

Civil liability of associations

The associations respond civilly by the acts or omissions of their representatives,

agents or mandators, on the same terms in which the principals respond by the

acts or omissions of its commissioners.

CHAPTER II

Organization and operation

SECTION I

General provisions

Article 10.

Social organs

1-In every humanitarian association of firefighters there will be at least one organ

deliberative, a collegial body of administration and a supervisory body, being

the last two consisting of an odd number of holders, associates of the own

association or, when these are legal persons, persons by them designated, of the

which one will be the president.

2-The holders of the social organs are not allowed the simultaneous performance of more

of a post in the same association.

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Article 11.

Representation

1-A The representation of the association, in judgment or outside it, is up to whom the statutes

determine or, in the absence of statutory provision, to the body of administration or to

who for whom he is assigned, without prejudice to the provisions of the following number.

2-In the face of the administrative public entities to whom the audit shall compete,

inspection and control of the use of public funds, responds, in the name of

association, the body of the administration.

Article 12.

Operation of organs

1-Unless legal or statutory provision to the contrary, the deliberations of the organs of the

humanitarian associations of firefighters are taken by a majority of votes from the

holders present, having the President vote of quality in the event of a tie in the

voting.

2-Without prejudice to the stipulation of other situations in the statutes of the associations, the

deliberations relating to elections of social bodies and that respect the matters of

personal incidence of its holders are carried out by secret ballot.

3-Are always lavished minutes of the meetings of any body of the association, the

are mandatorily signed by all members present, or, when

respect to meetings of the general meeting, by the members of the respective table.

Article 13.

Responsibility of the holders of the bodies of the association

1-The holders of the social organs are responsible civil and criminally for the phalts or

irregularities committed in the exercise of the mandate.

2-The holders of the social organs shall be exonerated of liability if:

a) Have not taken part in the respective deliberation and reproact it with

statement in the minutes of the immediate session in which they are present;

b) They have voted against that deliberation and they will condone it on the minutes

respective.

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SECTION II

General assembly

Article 14.

Competencies

1-It is, necessarily, the competence of the general assembly, the destitution of the

holders of the bodies of the association, the approval of the balance sheet, the amendment of the statutes,

the extinction of the association and the authorisation for this demise the holders of the organs

social by facts practiced in the exercise of the office, in addition to all the others

skills that are statutorily committed to you.

2-Competing to the general meeting all deliberations not understood in the

legal or statutory competencies of other bodies of the association.

Article 15.

Convocation

1-A General assembly shall be convened by the governing body in the

circumstances set out in the bylaws and, in any case, once in each year, to

balance sheet approval, report and accounts, plan of action and budget, without prejudice

of the most statutorily predicted.

2-A General assembly is still convened whenever the convocation is required, with

a legitimate end, by a set of associates not less than the fifth part of their

totality, if another number is not established in the bylaws.

3-If the body of administration does not convene the general assembly in cases where the

shall do, to any associate is lawful to carry out the convocation.

Article 16.

Form of convocation

1-A General assembly is convened by means of postal notice, expedited for each

of the associates with the minimum eight-day notice, or through otherwise

legal and statutorily admissible, indicating at the same notice the day, time and place

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of the meeting and the respective order of work.

2-Are cancellable the deliberations taken on foreign matter to the order of proceedings,

save if all associates attend the meeting and agree to the

addition.

3-A The comparisons of all associates sanctions any irregularities from the

convocation, provided that none of them object to the realization of the assembly.

Article 17.

Health

1-A General assembly may not deliberate, at first convocation, without the presence of,

at least, half of his associates.

2-The deliberations on amendments of the bylaws require the favourable vote of three

rooms of the number of associates present.

3-The deliberations on the dissolution of the association require the favorable vote of three

rooms of the number of associates.

4-Statutes may require a number of votes higher than fixed in the numbers

previous.

Article 18.

Deprivation of the right to vote

1-The associate may not vote, per se or as a representative of others, in the subjects

where there is conflict of interest between the association and the self, your spouse,

ascenders or descendants.

2-The deliberations taken with infringement of the provisions of the preceding paragraph shall be

cancellable if the vote of the unimpeachable associate is essential to the existence of the majority

necessary.

SECTION II

Bodies of administration and surveillance

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Article 19.

Competencies of the governing body

1-Compete to the governing body to manage the association and represent it by tasking-

him, specifically:

a) Ensure the pursuit of the social end;

b) Ensure the efectiveness of the rights of the associates;

c) Draw up annually and submit the opinion of the watchdog the report

and management accounts, as well as the plan of action and budget for the year

next;

d) To ensure the organisation and operation of the services, as well as the

writing of the books, in the terms of the law;

e) Arrange the staff framework, hire and manage the contracted staff of the

association;

f) Represent the association in judgment or outside of it;

g) To ensure compliance with the law, statutes and deliberations of the organs of the

association.

2-A function referred to in paragraph f) of the preceding paragraph may be ascribe by the statutes to

other body or leaders and may be delegated, pursuant to the same statutes, in

holders of the body of the administration.

3-The administration body may delegate to qualified professionals at the service of the

institution, or in mandators, some of its powers, in the terms provided for in the

statutes or approved by the general meeting, as well as revoke the respective

mandates.

Article 20.

Competences of the supervisory body

The supervisory body shall compete to ensure compliance with the law and the bylaws,

by incumbent on you, specifically:

a) Exercise the supervision over the Registration and Documents of the institution,

where the judge convenient;

b) Attend or make themselves represented by one of their holders to the meetings of the organ

of administration, whenever it sees it as convenient;

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c) Give opinion on the report, bills and budget and on all subjects

that the body of administration submits to its appreciation.

Article 21.

Operation of the organs of administration and surveillance

1-The organs of administration and surveillance are convened by the respective

presidents and they can only deliberate with the presence of the majority of their holders.

2-In the silence of the statutes, in the event of vacancy of one of the places of the organs

collegiate of the association, this one is occupied by the first elected as a supplent, if

there are.

3-In any of the circumstances indicated in the preceding paragraph, the designated member

to fill the job only completes the mandate.

4-A lack of deliberative quorum by impossibility of filling places

vacant in any organ implies the extraordinary convocation of elections, for that

same organ.

Article 22.

Conditions of exercise of the posts

1-The exercise of any office in the social organs of the associations is free of charge, but

may justify the payment of expenses derived from it.

2-When the volume of the financial movement or the complexity of the administration

of the associations require the prolonged presence of one or more holders of the organ of

administration, and the statute permitting, can these be remunerated by being the

remuneration determined by the general meeting.

Article 23.

Form of the association to oblige

In the silence of the statutes, the association obliges itself with the joint signatures of two

holders of the administration body, being one of them, obligatorily, that of the President

or that of the treasurer, save as to the acts of mere expedient, where the signature is sufficient

of a holder of the governing body.

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CHAPTER III

Inelegibilities, incapacities and impediments

Article 24.

Ineligibility and incapacities

1-Cannot be re-elected or again appointed members of the social bodies

those who, upon disciplinary or judicial process, have been declared

responsible for irregularities committed in the performance of such duties or

removed from the posts they performed.

2-The provisions of the preceding paragraph shall be extendable to re-election or new designation for

social organs of the same or another humanitarian association of firefighters.

3-The holders of the social bodies may not vote for subjects directly to them

concern, or in which they are interested the respective spouses,

ascenders, descendants and related.

4-It is vindicated to the association to hire directly or indirectly with the holders of the

social organs, their spouses, ancestry, descendants and related or with societies

in which any of these have interests.

Article 25.

Impediments

The presidents of the general assembly and the administrative and supervisory bodies are

prevented from exerting any functions in the command frame and in the active frame of the

respective fire department.

CHAPTER IV

From extinguishing

Article 26.

Extinguishing

1-The associations extinguish:

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a) By deliberation of the general meeting;

b) By the verification of any other cause provided for in the act of constitution or

in the statutes;

c) For the demise or disappearance of all associates;

d) By court decision to declare your insolvency.

2-The associations extinguish themselves still by judicial decision:

a) When its end has been exhausted or has become impossible;

b) When their actual end does not coinced with the end expressed in the act of

constitution or in the statutes;

c) When their end is systematically pursued by illicit means or

immorals.

Article 27.

Declaration of extinction

1-In the case provided for in paragraph b) of paragraph 1 of the preceding Article, the extinction only produces if,

in the thirty days subsequent to the date on which it was due to operate, the general assembly did not

decide the extension of the association or the modification of the statutes.

2-In the cases provided for in paragraph 2 of the preceding Article, the declaration of extinction may be

sought in judgment by the Public Prosecutor's Office or by any person concerned.

3-A extinction by virtue of the declaration of insolvency gives itself as a consequence of the

own statement.

Article 28.

Effects of extinction

1-Expaint the association, a liquidated commission is elected by the general assembly or

by the entity that decreed the extinction.

2-The powers of the liquidatary commission become limited to the practice of acts merely

conservatories and necessary, either to the settlement of social heritage, or to the

ultimation of the pending business, being that, by the remaining acts and the damage

that of them to join the association respond in solidarity with the holders of the organs

social that they practise them.

3-Pelas obligations that the holders of the social organs contract, the association only

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responds to third parties if these were in good faith and extinction has not been

given due publicity.

Article 29.

Fate of the assets of the extinct associations

1-The assets of the humanitarian associations of extinguished firefighters revert to

associations with identical purposes, in the terms of the statutory provisions or, in the

his lack, upon deliberation of the general assembly.

2-There shall be no applicable statutory provision, or deliberation of the general meeting,

the goods are assigned to other humanitarian associations of firefighters based in the

location: location of the goods or, not existing, to the respective city hall

that decides on its end.

3-A allocation to other humanitarian associations of firefighters of the goods of the association

extinguished that are affective to the fulfillment of cooperation agreements, lacks

concordance of the entities involved in the agreement.

4-To goods left or donated with any charge or allocated to certain

purposes is given destination, according to the previous figures, respecting, when

possible, the intention of the charge or assignment.

5-The provisions of the preceding paragraph shall not apply to the goods fully purchased with

subsidies of public legal persons, which they revert to these, save if it has

been provided for another destination in cooperation agreement.

Article 30.

Succession of the extinct associations

The associations for which it reverses the heritage of the extinct associations succeeding them

in the rights and obligations, but only respond by paying the debts up to the value

of the goods that have been assigned to them.

CHAPTER V

Support for associative activity

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Article 31.

Financial and logistical support

1-The State financially supports the associations with a view to the cabal fulfilment of the

missions of the fire bodies, in addition to other legally foreseen forms,

specifically, through the following programmes:

a) Permanent Programme of Cooperation (PPS), which aims to support, in a way

regular, the permanent development of the missions of the fire department;

b) Infrastructural Support Programme (PAI), which aims to support the investment in

infrastructure that is intended for the installation of the fire bodies;

c) Equipment Support Programme (PAE), which aims to support maintenance

of the operational capacity of the fire bodies.

2-The regulation of financial support programs is approved by portaria of the

member of the Government responsible for the Internal Administration, listened to the League of the

Portuguese Firefighters.

3-Without prejudice to the supports referred to in paragraph 1, the humanitarian associations of

firefighters may benefit, by themselves or in conjunction with other associations, of

other public, national or community support, in the framework of programmes, actions

or other means of funding they are granted.

4-Logistic support is provided in a prevention or response situation

operational to major accidents or disasters and may take the form of

advance or ressaration of urgent expenses carried out, or to be carried out, by the

humanitarian associations or the bodies of firefighters.

Article 32.

Technical support

The National Civil Protection Authority sets technical standards and develops manuals

practical life management of the associations, specifically in the areas of communications,

information technologies, law, accounting and administration.

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Article 33.

Contracts for development

1-Public legal persons may enter into development contracts with

humanitarian associations of firefighters in specific areas, within the framework of the

prevention and reaction to accidents.

2-It is also the subject of contract for development, creation and operation

of permanent intervention teams, as provided for in the legal regime of the

Portuguese firefighters.

Article 34.

Tax exemptions and benefits

1-The associations, federations and the League of Portuguese Firefighters benefit from the

prerogatives, exemptions and tax benefits conferred by law to legal persons

of administrative public utility.

2-Donations granted to the Associations shall apply to the provisions of

benefits pertaining to the constant mecenact of the Status of Tax Benefits.

Article 35.

Labour regime

The legal arrangements for employment contracts between the humanitarian associations of

firefighters and personnel integrated in the command frame and in the active frame of the

respective body of firefighters performing gainful functions, is defined in diploma

own, to be published within 180 days after the publication of this Law.

CHAPTER VI

Tutela

SECTION I

Guarantees of the public interest

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Article 36.

General principle

Where it is in the cause of heritage or financial funds from the State

or from another public institution, or have an influence on the solvency ability of the

association, acts are conditional on the terms of the following articles.

Article 37.

Real estate

1-A divestment and the renting of real estate belonging to the associations must be

made in public tender or public hasta, as per determination of the assembly

general on the grounds of the most convenient trial procedure.

2-Can be concluded leases by direct negotiation, when it is foreseeable

which hence derive advantages for the association or by reason of urgency,

Reasoned in minutes.

3-In any case, accepted prices and rents may not be lower than those which

vigorous in the normal renting market, of harmony with the values

established in official peritage.

4-Except for the precept in the previous figures the leases for

housing, which follow the general regime on leases.

Article 38.

Financial means

The financial means at the disposal of the association are compulsorily deposited in

account of the open membership in credit institution.

Article 39.

Acceptance of inheritances

The acceptance of inheritances of higher value at 20 times the guaranteed minimum wage

can only be carried out the benefit of inventory.

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Article 40.

Acts subject to communication

The report and the accounts of the finite exercises must be submitted annually to the

Ministry of the Internal Administration, through the National Protection Authority

Civil.

Article 41.

Requisition of goods

1-By dispatch of the member of the Government responsible for the area of the Administration

Internal, goods may be requisitioned to the humanitarian associations of

firefighters and the bodies of firefighters, to be used by other entities or

by official services, when necessary for the fulfilment of the precept in the Act

of Civil Protection Bases.

2-A application basket when the goods are no longer necessary for the actions that the

motivated.

SECTION II

Successive control

Article 42.

Surveillance

1-The associations enjoying some of the public supports provided for in this Law

become subject to oversight by the National Civil Protection Authority and too much

competent entities, for verification of the assumptions of the allocation of the

respective benefits and the fulfilment of the obligations arising therefrom.

2-Associations must provide to the National Civil Protection Authority, on the deadline

by this fixed, all the documents requested in the exercise of competence

predicted in the previous number.

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Article 43.

Sanctions

1-Failure to comply with the obligations arising from this Law and the contracts of

development, as well as the detection of irregularities in the application or

justification of financial supports received by an association implies the

suspension of the support programme and the full devolution of financial support

improperly received, without prejudice to the civil and criminal liability that to the

case couber.

2-The holders of the association's board of directors are jointly and severally

responsible for the obligation to reposition provided for in the preceding paragraph.

Article 44.

Removal of the social organs

1-When the repeated practice occurs, by the holders of social bodies, of acts of

management detrimental to the interests of the association, the National Protection Authority

Civil may request the Public Prosecutor's Office for the promotion of judicial removal of the

social organs.

2-Can be appointed by the court a provisional management committee to exercise the

government of the association until the election of the new social bodies on the terms

statutaries .

CHAPTER VII

Confederation, federations and groupings of associations

Article 45.

League of Portuguese Firefighters

1-A The League of Portuguese Firefighters is governed by own statutes, integrates the

National Committee on Civil Protection and the National Council of Firefighters and

participates in the definition of national policies in the areas of protection and relief to

populations.

2-In addition to all statutory and statutorily foreseen assignments, compete with the League

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of the Portuguese Firefighters the management of the Bomber Social Protection Fund,

through which it promotes and completes the social protection of firefighters and their

family.

3-A Portuguese Firefighters ' League is heard in convention-bargaining headquarters

legal work applicable to the humanitarian associations of firefighters and the

firefighters professional bodies of mixed bodies held by humanitarian associations of

firefighters.

4-The financing instruments of the Portuguese Firefighters League are

regulated by portaria of the member of the Government responsible for the area of

Internal Administration.

5-Whenever the Portuguese Firefighters League enjoys some of the supports

public provided for in this Law, shall be subject to supervision by the Authority

National of Civil Protection and too many competent entities, for verification of the

assumptions of the respective benefits and fulfillment of the obligations therefor

stemming.

Article 46.

Federations

1-The humanitarian associations of firefighters can associate with each other in federations

with the aim of promoting the articulation of objectives and the integration of

projects and programmes.

2-It is recognized for federations the right of hearing in the framework of the policies of

civil protection followed by the Civic Governments.

Article 47.

Groupings of humanitarian associations

1-In the concelhos where there are more than one association can be created

groupings of humanitarian associations to promote the common management of the

associations and the bodies of firefighters that these detain.

2-The statutes of the groupings of humanitarian associations provide for the form of

organization and management of the fire bodies or the planned joint forces

in the legal regime of the fire bodies.

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3-Through porterie of the members of the Government responsible for the areas of

Internal Administration and Finance, special supports can be established

for the creation and operation of the groupings of humanitarian associations of

firefighters.

CAPITV VIII

Supplementary and transitional provisions

Article 48.

Exercise of associative functions

1-The holders of social bodies of the humanitarian associations of firefighters, of their

federations and the League of Portuguese Firefighters participating in the meetings of the

Civil Protection Committees or the National Council of Firefighters, may, the

your application, be waived from the respective service to participate in the said

meetings.

2-The waivers provided for in the preceding paragraph shall be vigorated by the period indicated by the

convening entity, plus the time required for the displacements and will be

granted at the request of the workers summoned, may only be refused with

grounds on indefable grounds arising from the operation of the services.

Article 49.

Subsidiary law

1-In everything that is not found specially regulated in this Law, it shall apply to

humanitarian associations of firefighters the general regime of the associations.

2-The provisions of the Administrative Code relating to legal persons of

administrative public utility are not applicable to humanitarian associations of

firefighters.

Article 50.

Transient standard

The existing associations and federations at the date of entry into force of this Law,

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as well as the Portuguese Firefighters League must, within two years, appropriate the

its statutes to the provisions of this Law.

Seen and approved in Council of Ministers of March 15, 2007

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs