Legal Regime Of Humanitarian Associations Of Firefighters

Original Language Title: Regime jurídico das associações humanitárias de bombeiros

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1 PROPOSAL of law No. 129/X explanatory memorandum humanitarian associations of firefighters have provided over more than a century an important contribution to ensuring the protection of citizens and their property throughout the national territory. The time has come to recognize the importance and the specific and irreplaceable nature of the services provided by this associative movement, which comprises approximately of 400 associations and more than 30000 firemen and that was turning into an essential link for the fulfilment of functions that the state tournament. Bearing in mind this situation, the proper legal framework, today reduced to a set of rules of the administrative code, insufficient and partially repealed, thus setting the essential aspects of their organization, their support schemes, monitoring and supervision, as well as their respective Confederation and federations, and regulate their operation, with respect for autonomy, but ensuring their vital relationship with regulators and enforcement. It follows, so the path already trodden for other associations that cooperate with the State in pursuit of general interest purposes, such as mutual societies, private social welfare institutions or associations of environmental protection, who have seen already consecrated a legal framework suited to the specificities of their different missions. Supplying gaps of the public authorities in an area of the utmost importance to the general interest of the protection of human lives and goods-humanitarian associations of firefighters correspond to a private exercise of public functions where the intervention and the administrative and financial control must be greater, which reiterates its nature of public utility corporate bodies. We must also highlight the consecration as the Confederation League of Portuguese firefighters, who for over 75 years serving irreplaceable role, either in support of this national reality in the promotion of volunteerism. Legal consecration of their right, recognized since 1932, to manage the 2 Social Protection Fund of the firefighter and the consideration as a partner in the definition of national policies in the areas of protection and help to the populations, complete the framework of valorization of the League of Portuguese firefighters. With this legislative instrument is still determined the creation scheme of the Federation of humanitarian associations of firefighters, while essential element combination and articulation with civil protection authorities. Were heard the National Association of Portuguese municipalities and the National Association of Parishes, and on an optional basis, the League of Portuguese firefighters and the National Association of professional firefighters.

So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: legal framework of Humanitarian Associations of firefighters CHAPTER I General provisions Article 1 subject-matter this law defines the legal framework of humanitarian associations of firefighters, as well as the rules of his membership in Confederation and federations.

Article 2 humanitarian Associations of fire 1-fire, humanitarian associations ahead briefly designated by associations are non-profit legal persons that have as main scope the protection of people and goods, in particular the help of wounded, sick or shipwrecked, and the extinction of fires, detaining and keeping active, to this end, a body of volunteer firefighters or mixed with compliance with the defined in the legal regime of the bodies of firefighters. 3 2-With strict observance of its non-profit and without prejudice to its main scope, associations can develop other activities, individually or in association, partnership or otherwise legally provided for corporate, with other persons or bodies, since it allowed by the statutes. 3-the designation of humanitarian Association of firefighters is exclusive of associations whose legal status is governed by this law, cannot be adopted by other entities, albeit with identical purposes, but not holding bodies of firefighters.

Article 3 acquisition of legal personality associations acquire legal personality and are recognized as legal persons of public administrative utility with its Constitution.

Article 4 of Act and statutes Constitution 1-the Act of Constitution of the Association specifies the goods or services with the associated compete for the social heritage, the name, the seat and the end of the Association, which includes mandatory detention and the maintenance of a volunteer fire brigade or mixed, and the way of its functioning. 2-in addition to the specifications mentioned in the preceding paragraph, the statutes of associations determine the composition and competence of the governing bodies, designate the respective holders, as well as the obligations and the responsibility of these to the Association, and may also specify the rights and obligations of members, the conditions of their admission, exit and exclusion, as well as the terms of the termination of the legal person and subsequent fate of his heritage. 3-the name of the association includes the term ' humanitarian Association of firefighters '.

4 Article 5 form and 1 advertising-the Act of Constitution of the Association, the statutes and your changes should appear on a public deed. 2-the notary must, on their own initiative and at the expense of the Association, communicating the Constitution and statutes, as well as any changes thereof, to the National Civil Protection Authority, and mail a statement for publication in two newspapers of regional expansion. 3-the National Civil Protection Authority publishes on its Internet Web site the Constitution and the statutes of the humanitarian associations of firefighters, as well as changes to these. 4-the Act of Constitution, the statutes of associations, as well as their changes do not produce effects in relation to third parties until they are published.

Article 6 Registration 1-without prejudice to other forms of registration provided for in the law, the Ministry of Internal Affairs, through the National Civil Protection Authority, keeps an up-to-date register of associations and federations. 2-for the purposes of the preceding paragraph, the Office and notary fees, I. P., provides the necessary information by electronic means to the National Civil Protection Authority, at no cost to the Association.

Article 7 capacity the capacity of associations includes all rights and obligations necessary or convenient to the pursuit of its purposes, with the exception of those rights and obligations sealed by law or which are inseparable from the singular personality.

5 article 8 institutional cooperation institutional cooperation of the central, regional and local administration and other public legal entities with associations, federations and Confederation governed with respect for freedom and associative aims to acceptance, appreciation and support for their main scope, in accordance with the law.

Article 9 liability of associations associations respond civilly for the acts or omissions of its officers, agents or mandataries, on the same terms in which the principals respond by acts or omissions of your Commissioners.

CHAPTER II Organization and functioning section I General provisions article 10 governing bodies 1-In each humanitarian Association of firemen there will, at least, a deliberative body, a collegiate body of Directors and a supervisory board, being the last two consisting of an odd number of holders, associates of the Association itself or, when these are legal persons, persons designated by them , of which one will be the President. 2-the holders of the governing bodies is not permitted the simultaneous performance of more than one Office in the same Association.

6 article 11 1-Representation to representation of the Association, in court or out of court, it is for whom the Statute determined or, in the absence of a statutory provision, the Board of directors or the who for him is designated, without prejudice to the next paragraph. 2-Before public authorities responsible for administrative oversight, inspection and monitoring the use of public funds, answer, on behalf of the Association, the Board of Directors.

Article 12 functioning of organs 1-legal or statutory provisions to the contrary, the decisions of the organs of humanitarian associations of firefighters are taken by a majority of votes of present holders, having the President a casting vote in the event of a tie in the voting. 2-Without prejudice to the stipulations of other situations in the statutes of associations, the deliberations relating to elections of governing bodies and that the personal tax affairs of its holders are held by secret ballot. 3-are always recorded minutes of the meetings of any organ of the Association, which must be signed by all the members present, or, when the meetings of the General Assembly, by members of the respective table.

Article 13 Responsibility of holders of the organs of the Association

1-the holders of the governing bodies are responsible civil and criminal liability for faults or irregularities committed in the exercise of the mandate. 2 – recipients of the governing bodies shall be exonerated from liability if:) have not taken part in its deliberations and the Declaration in the minutes of the bombs with immediate session in which they are present; b) have voted against this resolution and they do include in the minutes. 7 SECTION II General Assembly article 14 1-Skills are necessarily falls within the competence of the General Assembly, the dismissal of the holders of the organs of the Association, the approval of the balance sheet, the amendment of the statutes, the Association and the authorization to this demand the holders of corporate bodies for facts practised in the exercise of Office, in addition to all other powers are statutorily entrusted. 2-Compete to the General Assembly all decisions not included in the legal or statutory competence of other organs of the Association.

Article 15-1 Convocation the general meeting must be convened by the Board of Directors in the circumstances laid down in the statutes and, in any case, once in each year, for approval of the balance sheet, annual report, plan of action and budget, subject to statutorily provided for more. 2-the General Assembly is still convened where the summons is required, with a legitimate purpose, by a set of associated with no less than the fifth part of its entirety, if the other number is not set out in the statutes. 3-If the Board of Directors does not convene the general meeting where the must do, any associated is lawful conduct the call.

Article 16 convening form 1-the general meeting shall be convened by means of postal notice, issued for each of the associated at least eight days, or by otherwise statutorily permissible and legal, indicating the same warning the day, time and place of the meeting 8 and its agenda. 2-Are the decisions taken on nullable foreign matter on the agenda, unless all members attend the meeting and agree with the amendment. 3-the appearance of all associated sanctions any irregularities of the summons, since none of them opposed the holding of the Assembly.

Article 17 Operation 1-the General Assembly cannot decide, on first call, without the presence of at least half of its members. 2-the deliberations about amendments to the statutes require the affirmative vote of three-fourths of the number of members present. 3-the deliberations about the dissolution of the Association require the affirmative vote of three quarters of the number of associates. 4-the statutes may require a number of votes exceeding that fixed in the preceding paragraphs.

Article 18 Deprivation of voting rights 1-the Member may not vote for themselves or on behalf of others, in matters where there is a conflict of interest between the Association and the own, his/her spouse, ascendants or descendants. 2-the deliberations taken with infringement of the provisions of the preceding paragraph are nullable if the vote of the associated prevented is essential to the existence of the necessary majority.

SECTION II management and supervisory Organs 9 Article 19 powers of the Administrative Board 1-it is the Board of Directors manage the Association and represent it, namely: a) Ensure the continuation of the order; b) Ensure the implementation of the rights of members; c) preparing annually and submit the opinion of the supervisory board the report and accounts, as well as the action plan and budget for the following year; d) Ensure the organisation and functioning of the services, as well as the registration of books, in accordance with the law; and) Organizing staff, hire and manage the staff of the Association; f) Represent the Association in court or out of court; g) ensure compliance with the law, the statutes and the decisions of the organs of the Association. 2-the function referred to in subparagraph (f)) of the preceding paragraph may be assigned by statute to another organ or officers and can be delegated, under the same statutes, in holders of the administration. 3-the Board of Directors may delegate in qualified professionals at the service of the institution, or representatives, some of his powers, under the conditions laid down in the statutes or approved by the General Assembly, as well as revoke their mandates.

Article 20 Responsibilities of the Supervisory Board The Supervisory Board compete to ensure law enforcement and the Statute, namely: exercise supervision over) bookkeeping and documents of the institution, where the judge convenient; b) Attend or be represented by one of its owners at meetings of the Board of Directors, whenever it deems convenient; 10 c) give an opinion on the report, accounts and budget and on all matters that the administrative body submit to it.

Article 21 operation of the management and supervisory bodies 1-The management and supervisory bodies are summoned by their Chairmen and may only deliberate with the presence of a majority of its holders. 2-the silence of the Statute, in the event of vacancy of a collegiate organs of the Association, this is occupied by the first elected as Deputy, if any. 3-In any of the circumstances indicated in the preceding paragraph, the member designated to fill the post only complete the mandate. 4-lack of quorum of Directors for impossibility of filling vacant posts in any body involves the convening of elections for this same body.

Article 22 conditions for exercise 1-exercise positions to any post in the governing bodies of associations is free, but can justify paying his expenses. 2-When the financial movement volume or complexity of the administration of associations require the prolonged presence of one or more holders of the administrative body, and the statutes permit, can these be paid remuneration being determined by the General Assembly.

Article 23 of the Association Shape be bound in the silence of the statutes, the Association undertakes with the joint signatures of two holders of the Board of Directors, one of which, the President or the Treasurer, except as to acts of mere expedient, in that just the signature of a holder of the administrative body. 11 CHAPTER III Inelegibilidades, disabilities and impediments article 24 1 Ineligibility and disability-cannot be reelected or again designated members of those who, through disciplinary or judicial process, have been declared responsible for irregularities committed in the exercise of these functions or removed from the positions they played. 2-the provisions of the preceding paragraph is extensible for re-election or re-appointment to governing bodies of the same or another humanitarian Association of firefighters. 3 – recipients of the governing bodies cannot vote on matters that directly concern them, or in which they are interested and their respective spouses, ascendants, descendants and the like. 4-it is forbidden to hire direct or indirect association with the holders of the corporate bodies, their spouses, ascendants, descendants and related or with companies in which any of these have interests.

Article 25 Impediments the Presidents of the General Assembly and of the management and supervisory bodies are prevented from exercising any functions in the control panel and in the active frame of its fire department.

Chapter IV of article 26 1 Extinction-extinction associations quench: 12 a) by resolution of the General Assembly; b) by scanning any cause referred to in the Act of Constitution or the statutes; c) by the death or disappearance of all members; d) By court decision to declare its insolvency. 2-associations quench for judgment: a) when your order has timed out or has become impossible; b) When your order real doesn't match the order expressed in the Act of Constitution or the statutes; c) When your order is systematically pursued for illegal or immoral means.

Article 27 Declaration of 1-in the case referred to in point (b)) of paragraph 1 of the preceding article, the extinction only produces, in the thirty days following the date on which it should operate, the general meeting does not decide a prolongation 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 revocation may be requested in court by the Prosecutor or by any interested party. 3-the extinction by virtue of the Declaration of insolvency in consequence of the Declaration itself.

Article 28 effects of extinction

1-the Association is elected as a Commission by the General Assembly or a liquidator by the entity that decreed the extinction. 2-the powers of the liquidator shall be limited to the Commission practice of merely acts necessary or conservatories and liquidation of assets and the completion of unfinished business, and by other acts and for any damage caused by them to the Association respond jointly and severally the holders of the governing bodies that the practice. 3-for the obligations that the holders of the socialbodies contract, the Association only 13 to third parties if these were good faith and to extinction has not been given due publicity.

Article 29 Working Party destination of the assets of defunct associations 1-The assets of humanitarian associations of firefighters extinguished revert to associations with similar purposes, in accordance with the statutory provisions or, failing that, by decision of the general meeting. 2-there is no statutory provision applicable resolution of the general meeting, the goods are assigned to other humanitarian associations of firefighters based in the municipality of location of the goods or, in the absence, to the City Council that decides on your end. 3-the assignment to other humanitarian associations of firefighters of the assets of the defunct Association that are allocated to the fulfilment of agreements of cooperation, lacks agreement of the entities involved in the agreement. 4-goods left or donated to any charge or allocated for certain purposes is given destination, according to the preceding paragraphs, observing, when possible, the intent of the charge or assignment. 5-the provisions of the preceding paragraph shall not apply to goods purchased in full with subsidies from public authorities, which revert to these, unless you have been provided for other destination in the cooperation agreement.

Article 30 succession of extinct associations associations for which reverses the assets of defunct associations succeed in their rights and obligations, but only are responsible for payment of debts to the value of the goods that they have been assigned.

Chapter V Support associative activity 14 article 31 financial and logistical support 1-the State financially supports associations with a view to fully carrying out tasks of the bodies of firefighters, as well as other forms legally provided for, inter alia, through the following programs: the Permanent cooperation) programme (PPC), which aims to support, regular, permanent development of the missions of the bodies of firefighters; b) infrastructure support program (FATHER), which aims to support investment in infrastructure for the installation of the bodies of firefighters; c) program support to equipment (PAE), which aims to support the maintenance of the operational capacity of the bodies of firefighters. 2-regulation of financial support programs is approved by order of the Member of Government responsible for internal administration, heard the League of Portuguese firefighters. 3-Without prejudice to the aid referred to in paragraph 1, the humanitarian associations of firefighters can benefit, by itself or in conjunction with other associations, other public, national or Community aid, under programs, activities or other means of financing that they are granted. 4-the logistical support is provided in case of prevention or operational response to serious accidents or disasters and can take the form of an advance or reimbursement of expenses incurred or to carry out urgent, humanitarian associations or by the bodies of firefighters.

Article 32 technical support to Civil Protection national authority lays down technical standards and develops practical manuals life management of associations, notably in the areas of communications, information technology, law, accounting and administration.

15 article 33 1 development contracts-public legal persons may enter into contracts with humanitarian associations development of firefighters in specific areas, within the framework of prevention and response to accidents. 2-is also the subject of contract development, establishment and operation of permanent intervention teams as laid down in the legal regime of Portuguese firefighters.

Article 34 exemptions and tax benefits 1-associations, federations and the League of Portuguese firefighters benefit from privileges, exemptions and tax benefits granted by law to legal persons of public utility. 2-The donations granted to associations shall apply in respect of benefits constant patronage-related tax benefits Statute.

Article 35 labour Regime the legal framework of employment contracts between the humanitarian associations of firefighters and the integrated personnel in the control panel and in the active frame of its fire department that exercises remunerated functions, is set in own diploma, to publish within 180 days after the publication of this law.

CHAPTER VI Supervision section 1 Guarantees the public interest article 36 16 general principle Always is assets or financial funds from the State or another public institution, or have influence on the ability of solvency of the Association, the acts are conditioned in accordance with the following articles.

Article 37 1 real estate-the sale and rental of buildings belonging to associations must be made in open or public auction, as determined by the general meeting on the basis of the procedure judged more convenient. 2-negotiated rentals may be concluded directly, when it is expected that then derive benefits to the Association or for reasons of urgency, based on the minutes. 3-In any case, prices and incomes accepted cannot be lower than those that were in force in the normal market rent, in accordance with the values set out in official expertise. 4-exceptions to the provisions in the preceding paragraphs for housing rentals, which follow the general regime on rentals.

Article 38 financial resources the financial resources in the provision of the Association must be deposited in the Association's account opened in a credit institution.

Article 39 acceptance of inheritance acceptance of inheritances worth more than 20 times the guaranteed minimum remuneration can only be held to benefit of inventory.

17 article 40 Acts subject to communication the report and accounts of the financial years shall be forwarded annually to the Ministry of the Interior, through the National Civil Protection Authority.

Article 41 goods 1-request For order of the Member of Government responsible for Internal Administration, can be ordered the goods assigned to humanitarian associations of firefighters and to the bodies of firefighters, for use by other entities or official services, when necessary for the fulfilment of the provisions of the law of Civil protection. 2-the request ceases when the goods no longer needed to proceedings for the action.

SECTION II next article 42 Supervisory Control 1-associations that enjoy some of the public aid provided for in this law shall be subject to supervision by the National Civil Protection Authority and other competent entities, for verification of the assumptions of the assignment of the respective benefits and obligations that entails. 2-the associations must provide the National Civil Protection Authority within the time limit for this set, all of the documents requested in the exercise of jurisdiction provided for in the preceding paragraph.

18 article 43 1 Penalties-non-compliance with the obligations arising from this law and contracts, as well as the detection of irregularities in the application or justification of the financial support received by an association implies the suspension of the program of support and the total return of funds improperly received, without prejudice to the civil and criminal liability that the case fits. 2 – recipients of the administrative body of the Association are jointly and severally liable for the replacement obligation provided for in the preceding paragraph.

Article 44 Dismissal of governing bodies 1-when the practice reiterated, by the holders of social organs, acts harmful to the interests of the Management Association, the National Civil Protection Authority may ask the Prosecutor to promote judicial dismissal of governing bodies. 2-may be appointed by the Court an interim Management Committee to carry out the Association's Government until the election of the new governing bodies under statutory.

CHAPTER VII Confederation, federations and associations grouping article 45 League of Portuguese firefighters

1-the League of Portuguese firefighters is governed by statute, a member of the National Commission for Civil Protection and the National Council of firefighters and participates in the definition of national policies in the areas of protection and relief to the population. 2-in addition to the powers statutorily provided for legal, the 19 League of Portuguese firefighters managing Social Protection Fund of the firefighter, through which it promotes and complete social protection of firefighters and their families. 3-the League of Portuguese firefighters is heard in the negotiation of collective labour conventions applicable to humanitarian associations of firefighters and the professional firefighters of mixed bodies held by humanitarian associations of firefighters. 4-The financing instruments of the League of Portuguese firefighters are regulated by order of the Member of Government responsible for the area of internal affairs. 5-whenever the League of Portuguese firefighters take advantage of some of the public aid provided for in this law, shall be subject to supervision by the National Civil Protection Authority and other competent entities, for verification of the assumptions of the respective benefits and obligations that entails.

Article 46 1-humanitarian associations Federations of firefighters can associate among themselves in federations with the aim of promoting the articulation of objectives and the integration of projects and programmes. 2-is recognized federations the right to be heard in the context of civil protection policies followed by Civilian Governments.

Article 47 1 humanitarian associations-groups in the municipalities where there are more than an association can be created groupings of humanitarian associations to promote joint management of associations and bodies of firefighters that they hold. 2-The statutes of associations humanitarian groups providing for the Organization and management of bodies of firefighters or joint forces provided for in the legal regime of the bodies of firefighters. 20 3-Through the Concierge members of the Government responsible for the areas of Home Affairs and finance, special support can be set for the creation and operation of groupings of humanitarian associations of firefighters.

CHAPTER VIII supplementary and Transitional Provisions article 48 Exercise of associative functions 1 – recipients of governing bodies of humanitarian associations of firefighters, their federations and of the League of Portuguese firefighters participating in the meetings of the committees of Civil Protection or National Council of firefighters, can, upon request, be exempted from its duty to participate in these meetings. 2-the dispensations provided for in the preceding paragraph shall apply for the period indicated by the EfE, plus the time required for travel and will be awarded at the request of workers summoned and can only be refused on the grounds of unavoidable reasons arising from the operation of the services.

Article 49 supplementary law 1-everything that is not specifically regulated in this law is applicable to humanitarian associations of firefighters the general scheme of associations. 2-the provisions of the Administrative Code concerning administrative public utility corporate bodies are not applicable to humanitarian associations.

Article 50 Transitional Standard associations and federations in existence at the date of entry into force of this law, 21 as well as the League of Portuguese firefighters must, within two years, adapting their statutes to the provisions of this law.

Seen and approved by the Council of Ministers of 15 March 2007 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency