Law No. 167 3 august 1929 for organizing local administraţiunii) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 170 from 3 august 1929 Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) and see the Decree nr. 4,036 Decemvrie 7 1929, published in the "Official Gazette" No. 274 of 9 Decemvrie 1929, with corrections "M.O." No. 281, 283, 285, 286, 287, 290 and 291/929, regarding the territorial division of the country.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (promulgation Decree No. 2,712 from 29 July 1929.)
Title I administrative divisions of Romania Article 1 shall be divided, in terms of administrative districts and counties in common.
Counties are subdivided in the 15th century.
Municipalities may be subdivided into sectors generally laid down in the present law.
Counties, municipalities and municipal sectors are legal persons.
Asociaţiunile multiple counties or municipalities are incorporated in rigid conditions and rules laid down by this law.
Article 2 Limits of communes and districts are established by law.
No change of counties or municipalities can not be done except in rigid conditions and in accordance with the rules laid down in the present law.
Title II chapter I General Principles Commune Article 3 Communes are divided into urban and rural municipalities.
Article 4 of the urban Communes are centers of population, declared such a law.
They are subdivided into cities and municipalities.
The cities are those common to urban that less than 50,000 inhabitants and are not classified by law, municipalities are Urban Municipalities the municipalities who have over 50,000 inhabitants, or are declared such a law on the basis of their economic or cultural importance.
The communes declared by special law, as spas can get recognition through the common Urban Council respectively, having regard to the approval of the local Committee for review and confirmation of ministerial Director.
Article 5 rural Communes are administrative units, having a population of at least 10,000 inhabitants, consisting of one or more villages-populaţiune-natural centers out of those who have been declared by the common law.
Article 6 Villages who are part of a rural Gmina are considered administratively, as sectors of that joint.
These villages are of two categories: small villages with a populaţiune up to 600 inhabitants and large villages with a populaţiune that race this number of inhabitants.
They are prescribed by this law organization.
Article 7 villages and rural communes situated at a distance of no more than 3 kilometres from the rock edge, municipalities or cities, and all the villages around Bucharest and rural communes covered by the special law may be declared generally common in suburban and following the rules laid down in the present law.
Article 8 urban Communes can also subdivide into sectors, communal Council decision on approval of ministerial Director.
Article 9 villages and municipalities may not have only one official name, according to dispoziţiunilor law.
The name change cannot be done only with the consent of the Council of Ministers, after the Interior Ministry's report and with the opinion of the guardianship authorities concerned.
Chapter II Acquisition and loss of membership Article 10 Each inhabitant of the country without distinction of age, sex, nationality or religion, must be a member of a joint tasks and participate in them.
Membership shall have a rural, consisting of several villages is gained as a result of each of the members who make up the commune villages.
Romanian citizens can move from a common to another with no leavening.
They are, however, owe it to convey the communal authorities, concerned their displacement.
Article 11 Foreigners will not be able to establish in the municipality before the formalities provided for in the special law.
Housing or short-term temporal in a municipality is not subject to orders and measures than safety.
Article 12 implementation of the present law are counted as having the status of members of the commune: a) all those enrolled in the electoral lists, as well as their wives and children with parents who I am.
Although those who are not registered in the electoral rolls, are able to prove that they have been enrolled in the past or have been unfairly omişi will be recognized as members of the commune;
b) all citizens place a year in the municipality and who will make the request that advertises the quality of members of the commune and contributed to the goal.
Article 13 the citizen who would like to gain the future membership of a joint, shall submit the application to the municipal authority or to the authority of village respetivă, for rural municipalities, consisting of several villages.
In order to gain membership, the applicant must meet the following conditions: a) to have had a real home for at least a year in the municipality;
b), have contributed to the goal.
Civil servants of the State, County, commune and village are governed by members of the commune where they carry out their function.
The commune may refuse membership to persons who have suffered a infamantă in the past or who do not have a means known to earn a living.
Article 14 of membership is lost by leaving the village, without the intention of return, through the acquisition of membership in another municipality and in all cases where the common law who after losing a home.
Those interested can always attack decisions of the communal or village authorities relating to the acquisition and loss of membership, inland prescribed in this law.
A special regulation will specify desvolta and dispoziţiunile relative to the prescribed procedure for the acquisition and loss of membership, as well as for the review, approval or rejection of communal and village authorities decisions concerned.
Article 15 Citizens who have acquired the status of commune members are listed in the law, both in the electoral lists for the election of municipal authorities, as well as in the electoral lists for the election of the District Councils and the election for the Chamber and the Senate, if they meet the conditions laid down by law.
Article 16 members only were also right, in municipal assistance; they enjoy with preference benefits municipality inhabitants.
Article 17 members of the commune will receive a municipal authority which from the identity that will be displayed and the domicile semnalmentele: citizen's arrest.
The book will also contain the voter's cards to village, municipality, County, Chamber and Senate, valid for a period of five years, in which case you will be attached to the photo-obligatory from cities to villages on a voluntary basis.
Chapter III commune article 18 within the territory of any country must belong to a common.
Commune of exercising its authority over the entire territory belonging to them.
In rural municipalities, consisting of several villages, archaeologists will be divided between the villages, after a vote of the Parish Council, approved by the County Council delegation.
Article 19 amendment of a common territory For are needed votes of councils or assemblies and municipal councils of the villages concerned, approved by the County Council, when amendment concerns municipalities of the same County.
For town or when municipalities are located in neighboring counties, municipal councils approve the discharges is for ministerial Director, and when they are located in neighboring counties, but are part of the Ministerial directorates, the decisions by communal councils are subject to approval by the Ministry of the Interior.
Article 20 all amendments must be communicated to the communal territories of the Ministry of the Interior, which brings to all ministries.
Chapter IV organization of Rural Township municipalities part I SECTION I administraţiunii rural Organization of rural Communes. made up of several villages. Competinţa article 21 composition and total population of villages who together form a rural municipality must be at least 10,000 inhabitants.
In cases where, either because of the remoteness, it is not possible to form a municipality with this number of people, whether certain villages lie in a special situation, with sufficient means to be able to satisfy all needs of a communal administraţiuni independently, may constitute the rural and with a smaller number of inhabitants from ' a single village or from several villages, the County Council's decision, approved by ministerial Directorate.
Article 22 Competinţa administraţiunii rural communal extends over all matters of local interest, in accordance with the present law and special laws, collaborating or complementing the action of the ministries, and in villages or communes and especially for: 1. Administraţiunea capital and other communal wealth.
2. Encouragement and support for productive labour in agriculture, industry and Commerce; cooperative societies organization purchases and disposal of local products, and consumer cooperatives; expoziţiunilor organization of domestic animals and local agricultural and industrial products; improvement of livestock care, acquisition of bulls and stallions for breeding, to be put at the disposal of local households; the Foundation of warehouses and storages for agricultural machinery and tools, seeds, fertilisers, etc.; establishment of model farms, and fields of expertise; establishment of incentive prizes for cattle breeders, farmers, handicraftsmen.
3. Care of public instruction: the Foundation and maintenance of schools, trainings for adults, in accordance with the laws of the respective ministries in what concerns the Faculty and curricula, the creation of libraries, bookshops. The township will give the contest and for the maintenance and conservation of historical monuments located in its territory.
4. The care of public health, the Foundation and maintenance of hospitals, infirmerii, amelioration and fight against epidemics.
5. Care of invalids; the Foundation and maintenance of charitable institutions charitable institutions, asylums, orphanages.
6. Measures against epizotiilor, the hiring of vets in obştei services, the Foundation of abatorii.
7. Measures for guarding and defending ogoarelor, hay fields, izlazurilor, forests, gardens, vineyards, the fight against harmful insects and animals;
8. Protecţiunea workers, salaried workers ' housing intended for inspection, organization of labour exchanges, support of charitable institutions of arbitration, in accordance with the laws.
9. Organization of legal aid for the population which has no means of legal foundation of biurourilor consultaţiuni and notarial acts, according to the law on the organisation of the body of advocaţi.
10. the Organization of credit for farmers and craftsmen.
11. Works of irrigation, drainage, drying up of mlaştinelor, afforestation to strengthen banks.
12. edilitate works and systematization of the villages împietruirea, paving of streets, roads, water supply, sewerage, lit, public gardens, small ponds, fountains, springs.
13. Food supplies and first necessity, helping the population for sowing and ogoarelor for food in case of insufficient harvest, action against scumpetei, creating for this purpose warehouses, shops, bakeries.
14. Care of regular taxes and încassarea sound financial management of the villages who belong to the municipality.
15. The initiative and intervention before the superior authorities for matters of purely local interest.
Article 23 in order to satisfy the needs specified in the preceding article, the rural communes may be associated with each other, to the extent that they will believe it necessary, in accordance with laws and regulations, to carry out its work and to arrange for their service who would not be sufficient.
B. rural commune Bodies article 24 rural communes Administration is entrusted to a Municipal Council as deliberative and municipal mayor and Municipal Council delegaţiunii as executive organs.
Choice and establishment of these bodies differ in rural communes comprising several villages and in rural municipalities consisting of a single village, in accordance with dispoziţiunile below: i. Administraţiunea rural communes comprising several villages of the composition of the Council and atribuţiunile) Article 25 rural municipalities and Municipal Council in several villages consists of Councillors elected by universal suffrage , direct and secret ballot, with minority representation in accordance with dispoziţiunile of this Act and of all the mayors of the villages of the commune or their alternates.
The number of elected Councillors is determined by a counselor from a thousand inhabitants.
For their choice, who makes up the rural township are grouped into constituencies and each elects three councillors.
If the number of advisors arising out of proportion determined would not be divisible by three, he fills in with 1 or 2.
The minimum number of members of the Council must be six councillors. In the case when the number of inhabitants will not be able to give this at least, the difference must be completed with noui advisors.
Parish Council is elected for a period of 5 years.
Terms of reference of the rural communes.
Article 26 the communal Council rural Atribuţiunile are: 1. The election of the Mayor and the Council, delegaţiunii and the appointment of a notary, cassierului and other officers from public services, according to prescripţiunile law.
At the same time the Council decides and what treatment is appropriate.
2. The guidance of the executive bodies and drafting instructions for these.
3. the communal budget, Voting and start of reckoning.
4. Approval of contribuţiunilor and communal administraţiune fees and establishment of prestaţiunilor in nature for the benefit of them in accordance with the laws in force.
5. Vote on the contribuţiunilor and administraţiune villages of taxes who make up the community.
6. The establishment of these rules for the administration of communal assets and capital and management utilities, and charitable institutions and all public facilities set up by the municipal administration or outbuildings. 7. The acquisition and disposal of real estate.
8. special funds, Training for various needs of the district.
9. Contracting loans for works and undertakings.
10. Filing of legal actions, and the commune organs to represent it before the courts.
11. control of the management of the communal Mayor and Municipal Council delegaţiunii; the exercise of guardianship over the villages who make up the Township management and supervision thereof.
12. Decisions on all matters proposed its deliberations by the higher authorities.
13. Initiatives and possible interventions to higher authorities in all matters relating to their interests and who local needs.
(b) establishment of the Council article 27) Dispoziţiunile of part III and IV and Division I and II of part VII of chapter IV relating to the establishment and functioning of the communal councils and urban councils, delegations from the communes shall also apply to communal councils composed of several rural villages with preciziunile from the following articles.
Article 28 If there were not complaints over the election or if they have been found groundless, communal councils, rural county prefect convened to rule on the cases of legal incapacity, nedemnitate and incompatibility.
The Councillors elected will do in noui presence of the prefect or the delegate he pretor oath required by art. 85. No member of the Council may not take part in the deliberations unless the oath.
The communal Council convenes as if it was not convened within 15 days from the rock contestaţiunilor made against rejection of elections or expiry where dela could do contestaţiunile.
After taking the oath, the Council is chaired by the Mayor of the village in which they are resident, or failing that, for most of its members, shall elect by majority vote a municipal mayor and two Council members in delegaţiunea.
The elect cannot be between her relatives up to the fourth degree.
Election shall be for the duration of the Council.
Article 29 For verification, administraţiunii management, the Council elects from its bosom, immediately after the formation of a one-year term, a special comisiune, composed of three members, who shall submit to the Council at the end of the budget year, a report and will inspect the cassa and services, whenever necessary, they will believe or wherever will be designated by the Council.
The communal Council, for better management, it can be split in special comisiuni with household tasks.
c) Council article 30 Operation of the communal Council meets once a month.
The Council may convene whenever there is need, or when higher authorities would calculate need.
Article 31 the communal Council shall be convened by the mayor or Municipal Council of delegaţiunea.
The Mayor of the commune is obliged to convene the Council and at the request of the majority of mayors of villages from municipality.
Article 32 the convocation will be done by personal invitaţiuni by and will include issues of who has to deal with the Council.
For valid decisions must take part in Board meetings at least one half of the number of Councillors.
Municipal doctor will always be summoned to tell their opinion in all matters relating to who public health and social protection.
The Council may decide to be called in and answered any other specialized persons whose explanations would need.
Article 33 of the Council's decisions shall be taken by the communal rural by an absolute majority of votes.
In the event of parity, the proposal is rejected.
Vote matters, people in electing or appointing the various functions, is always secret.
d the Council Delegation, composing) and her powers Article 34 the delegation of Municipal Council consists of the Mayor and two members elected to the Parish Council. In her works, will be invited to take part in obligatory with a deliberative vote and mayors of villages within the commune, in all matters relating to who their villages.
Article 35 any duties which must satisfy the Council delegation in collaboration as shown above with village mayors are: 1. To advice on all matters of administration after the Mayor's request.
2. To assist the performance of Mayor of the commune of his accomplishment.
3. To convene the Council thinks necessary communal when, if the Mayor does not take the initiative.
4. Prepare reports on all matters to be subject unto desbaterilor Council and setting the agenda for its meetings.
5. Preparation of the draft budget in cooperation with the mayors of all mandatory villages who makes up the rural township.
6. control of the financial management of the villages who are part of the municipality, checking their accounts and budget.
7. Care of the lawsuits and legal actions in who is interested.
8. Preparation of reports for the Board meetings and communal management; in order to this, delegaţiunea will oversee nearly încassările and communal expenses and operation services.
9. Preparation of electoral lists for the communal Council and the village Councils election lists where these Councils operate. Municipal Delegaţiunea has the task of bringing to fruition for these villages, all obligations imposed by law in respect of the drawing up of the mayors electoral lists for legislative and administrative elections. These lists will be submitted for approval to the Council.
10. Supervision of all construcţiunilor within the commune and autorizaţiunilor needed to release, in accordance with their respective laws and regulations.
11. Issuance of tickets for residents of the commune and certifying their signatures.
12. The care and control of records of civil status for all the villages of the municipality and, in particular, with the consent of the Council, the Organization of the Office of civil status for small villages.
e) Mayor and his atribuţiunile Article 36 the Mayor is the Chairman of the Parish Council and delegaţiunii.
He is the head of administraţiunii. He shall convene and preside over the sessions of the Council of the rural parish closes, and the delegaţiunii meetings.
He runs desbaterile and submit to the Council its deliberations on all matters relating to the interests of the commune who.
He brings to comply with decisions of the communal Council and delegaţiunii.
He has the right to require, at any time he needs in order to meet its obligations, the opinion and assistance delegaţiunii Council.
He has the duty to invite the meetings of their respective mayors delegaţiunii's village, where they are to be discussed who relate their villages.
He oversees the village's mayors of the commune and has the right to inspect all their services.
He leads all public services.
He has a duty to oversee the incassările of taxes to supervise village on incassatorii and check their management.
He publishes in the commune, the laws, regulations and orders of the Government or higher authorities.
He has a duty, in the case of public order, wherefore take until the arrival of the police authorities, take all measures necessary to restore order, guard, for persons and assets and for the attachment of the perpetrators of the crime or caught on the delictului (flagrante delicto).
He is obliged to immediately inform the authorities in law all offences committed in the territory of the commune and give needed competition for his justice.
Article 37 after the expiry of five years, for which he was elected to the Parish Council, or in the event of the Council, the Mayor of dissolvents and communal Affairs Council delegation gerează until the formation of the new Municipal Council.
Article 38 village mayor of residence shall perform the functions of first aid, the Mayor of the commune for all archaeologists and it will be able to replace the missing. The mayors of the other villages will perform the tasks of the communal Mayor's aid, only in the respective villages.
II. Organization of the rural communes formed from a single village Article 39 In rural municipalities consisting of ' a single village, the Parish Council shall be selected after the General rules laid down in this law for the election of village councils and municipal councils.
Article 40 the number of Councillors is: 8 in villages with a population of up to 1,000 inhabitants;
10 villages with a population of up to 2,000 inhabitants;
12 villages with a population of up to 3,000 inhabitants;
14 in villages with a population of up to 4,000 inhabitants;
16 in other rural municipalities of a single village, irrespective of the number of inhabitants.
Article 41 in these municipalities, the Mayor, the Mayor and communal cassierul, are chosen through public voting, the rigid conditions of the elected councils.
Cassierul Comunale, in these municipalities, meets and payee referrals.
Article 42 the other dispoziţiuni related to rural communes comprising several villages, rural communes and is applied consisting of a single village, as far as compatible with their structure.
The mayors of those municipalities, village councils, as well as mayors elected by public vote, cannot be removed only on the disciplinary path.
SECTION II Article 43 Villages associated Villages in a rural Gmina forming section, a section of the village in question, have an organization, differing according to the number of their inhabitants.
Small villages with a populaţiune up to 600 inhabitants can manage after the election, through a village meeting or by a village Council.
Large villages with a population of over 600 residents are given the obligatory by a village Council.
Article 44 Villages within the same common may be associated with each other to form a rural administrative unit.
This association cannot decide alone than as a result of the initiative taken by the deliberative organs of some of them and after the consent of all the other villages who are going to be United.
All these decisions, related to the formation of administrative units, by uniting the villages, are subject to approval of the County Council.
Article 45 Villages who do not have the means can be associated with each other and only for a targeted or to sustain some of the services and to jointly pay some of their personnel for administrative, technical, sanitary, and especially to remunerate a village Secretary.
The small villages of)) the village Assembly. Her composition Article 46 small villages can have the deliberative assembly of the village or village Council, elected after the will of the majority of the citizens of the village, as pointed out in article 59 and the next.
Article 47 rural deliberative Assembly constitutes of administraţiunii village in these small villages.
It is made up of all the members of the commune in the village, who are heads of families have at least 25 years, and enjoy the full spectrum of civil and political rights.
' Article 48 shall be entitled to take part in the Assembly of the Soldiers village: active), the gendarmes and the police, exercising their functions in the territory of the commune;
c) Debitanţii of spirits;
d) those condemned for crimes and offences who draw loss of civil and political rights.
Article 49 Heads of family who works in the villages in rural Assembly as a deliberative organ of the village administration, shall be entered in a special list drawn up in accordance with the present law dispoziţiunile like to enrol voters aldermen. (Art. 15 and 381 and next).
Each year, this list will be revised and is part of those who have met the rigid conditions prescribed by law, and wiping it those who lost any of these conditions without further ADO.
With regard to the free and dispoziţiunile apply penalties art. 405 and 406.
Article 50 after it will be formed, for law enforcement, list of Heads of family who are entitled to take part in the meeting in the village first meeting of Assembly members, they will provide, in the presence of the mayor or a municipal delegate, the following oath: "I swear allegiance to the King, and Constituţiunii obedience to the laws, I swear to defend and support the interests of the country."
So will provide leaders vow family enrolled in the annual review of the list, anyone having the right to take part in the work of the Assembly of the village if no oath.
b) Atribuţiunile Assembly atribuţiunile village Article 51 in the village Assembly as the village Council, in accordance with dispoziţiunile below, with backup dispoziţiunilor for election, entering the public care about the following interests: 1. election of village mayor and other employees of the village and possibly fixing the compensation arrangements or salaries;
2. Voting on the budget of the village;
3. To make proposals to the Council, the municipal contribuţiunilor, satisfaction of public needs, within the limits laid down by law;
4. The establishment of these rules and condiţiunilor for carrying out various prestaţiuni in nature as required by law, which from the villagers;
5. Maintenance of schools and other cultural instituţiuni of the village.
6. Public Assistance, medical aid and the amelioration of health;
7. the Organization of cooperatives for the purchase of tools and farm machinery and for the sale of agricultural products, as well as consumer cooperatives, village bakeries;
8. the Organization of aid for the population in case of harvest nesuficientă to ensure ogoarelor and seeding to fight hunger and scumpetei;
9. Measures to improve the rassei of cattle;
10. The construction and maintenance of roads, bridges, ditches, to the river beds;
11. Wealth Management and especially the villages izlazurilor, ponds, of stufăriilor village and other property;
12. The acquisition and alienation of the village, the conclusion of the loans and the appointment of Trustees and agents in the processes, in other cases of interest in the village;
13. control of the village and pulling their Ministers ' liability in the event of irregularities, and in particular payee management supervision of village.
14. Measures to prevent fires and to extinguish them.
15. The granting of membership upon receiving a citizen in 16. Appending to another municipality.
17. Steps to ensure regular collection of taxes and duties stipulated by the law for the benefit of the State and of the local administraţiunilor.
18. All matters relating to mood, unto good orânduială and the advancement of the State.
c) operation of the village Assembly Article 52 village Assembly is presided over, except for the cases provided by law, by the Mayor of the village, or in his absence by one of the two delegates, specifically designated by the Assembly.
Rural Assembly, Mayor, încasatorul and other Royal official, the village will be called to give account of their management, as is the case when you should discuss complaints and charges the village mayor, will be chaired by a member of the delegation.
Article 53 Assembly is convened after the Inquirer village by the Mayor, preferably on Sundays and public holidays.
The summons is made by displaying her announcement at City Hall and with the drum.
The mayor shall be obliged to convene: a) After the application, the 1/3 of the heads of the families of the village;
b) After the order of mayor or municipal pretor.
Rural Assembly is constituted, legalmente when taking part in the meeting at least half of its members.
Decisions shall be taken by majority vote; in the event of parity, the proposal is rejected.
Voting shall be by show of hands, by dividing into two Assembly and vote counting or any other chip according to the custom of the place.
In case when it is required, as well as a secret vote to elect the Mayor and Ministers ' village, voting takes place with balls or newsletters in urns, designed to ensure the secrecy of the vote.
The decisions of the Assembly shall be entered in the village ' a special register and recorded by the Mayor and the Secretary of the village.
If after two consecutive invitation does not satisfy the legal number of members of the Assembly of the Council of the village, the commune belongs to the village concerned will take all decisions of Monterrey which will at its sole discretion over matters that were put on the agenda of the Assembly, which no villages ' gathered.
d) village Mayor Article 54 the village Mayor is elected in a meeting in the village who works by himself and family in the villages who works a village Council by universal suffrage.
He cannot refuse the task for which he is imposing his choice only in the following cases: a) if he has reached the age of 60 years;
b) in case of illness, which would make him unfit for service;
c) where he was elected to the village councils and State services up and running all the time for which he was elected.
Rural Assembly or the Council of the village, however, is entitled to accept them demisiunea, for reasons which you would find compelling.
Article 55 village Mayor is the executive body of the village Assembly.
He has in addition to other civil law, the following duties: 1. the Publication of laws and regulations as well as government orders and instructions;
2. Composition, along with the two delegates of the State draft budget, State revenues and cheltuelilor, as well as the annual report, budget execution, over the previous year;
3. Review at least once a month along with the two delegates of the village; the cassei and control of the management of the village payee;
4. Care of the register of members of the village, the inhabitants of the village, as well as by the heads of family who are entitled to take part in the Assembly of the village;
5. Compliance with the indications received from the presence of the communal administration, as and from the County;
6. Guard good order and public safety measures;
7. Measures for the safety of ogoarelor, the hayfields and forests addictive excavated, organizing aid measures in case of fire, water, hymns, etc.;
8. Supervision of compliance with the sanitary regulations and to call to account those who would violate them;
9. Notification of the authorities in law and taking the first steps to discovering and attachment of the perpetrators of the crimes and offences.
Article 56 with the election of the village mayor, village Assembly elects two delegates on the payee and who to assist the Mayor in the performance of its tasks, as well as his substitute in the event of default, in order of age.
The Mayor of încasatorul village, and delegations are elected for a period of two years, by secret ballot.
The Assembly convened to elect a mayor, and delegates, the payee will be chaired by a member of the communal Council of delegates, i.e., designated for this purpose.
e Other village officials) Article 57 elected village watchmen who guard for one year, and the Mayor of încasatorul village and the spies may be re-elected, but only with their consent.
Village number must be graduates of Add. The Interior Ministry will be able to decide, however, that in localities where this condition could never be accomplished to be admitted provisionally and literate who would pass an exam set for this purpose.
Article 58 rural Assembly called in prescriptions ready art. 70, for large villages village Secretary, that appointment to be confirmed by the delegation of the County Council. When several villages are associated to pay a village Secretary, it forms a comisiune in the three representatives of the associated villages, namely the Mayor and two delegates for each village to recommend three candidates from the County's delegation, who shall appoint one as Secretary of the associated villages.
Comisiunea is chaired by the Mayor of the villages concerned.
Rural Assembly or the Council of the village, signifying their delegates in this comisiune, for each individual case.
The Assembly, with the approval of the village called delegaţiunii, where applicable, and other officers necessary for the operation of the village services.
(B) the establishment of village Council) elected in small villages. Common provisions.
Article 59 And in small States, can be set up as a deliberative, village Council, in particular the rules laid down in this law for the election of communal councils in municipalities consisting of a single village.
Article 60 in this case, the proposal to set up a village Council elected must be a feature of at least 20 heads of families of the commune members, inhabitants of the village, and announced in a village Assembly, which puts it at the order of the day, for another meeting of the village, namely convened for this purpose, at least over a month after the announcement of the proposal.
In this Assembly it is necessary the presence of at least two-thirds of the heads of the families of the village, and the proposal may be received by an absolute majority of votes.
Article 61 the decision thus vote on village Assembly, shall enter into force only after approval by the County Council that holds the date to elect the village Council.
In cases where at least five heads of families formed an, disputing the validity of the judgement protestare abolishing village Assembly delegaţiunea County Council will orândui investigation and will eventually be able to decide on the convening of the village Assembly, which will be called upon to repeat voting in the presence of a representative of the delegaţiunii County.
Article 62 In small villages in who works as a deliberative organ, in accordance with the above articles, a village Council elected, shall be subject to the same public voting decision of the members of the commune in the village, after what will be discussed and voted on by the Council the following issues: 1 the village. village Budget.
2. Proposals for the establishment of fees and contribuţiuni noui.
3. Authorization to conclude loans for village councils.
4. The undertaking of works who would require considerable expense, hiring revenue village for many years.
5. recognition of membership upon receiving the Sisterhood.
6. Merge to another rural municipality.
The Mayor's choice also occurs as in large villages, through universal suffrage, together, for a term of five years.
Article 63 rural Assembly consisting of a public meeting of the heads of the family, as a deliberative organ of the administraţiunii village, can be restored or village Council proposal or a proposal espoused by at least 20 per cent of the heads of the families of the village following the procedure laid down in article 23. 60 and 61 for village Council, but only after expiry of the term of the Council respectively. Also rural Assembly cannot be replaced by the Council only after it had operated for a period equal to that of the Council.
C) great Article 64 villages In villages with a population of over 600 inhabitants, a village Council elected as deliberative village of administraţiunii is required.
The village Council will be composed according to the dispoziţiunilor. 39-41, and will operate according to art. 27 and the next.
Article 65 executive bodies of village administraţiunii in die are: 1. The Mayor.
2. the primary aid.
3. Delegation of the village Council.
4. village Încasatorul.
Article 66 Delegaţiunea Council is elected by the Council immediately after the formation of his dispoziţiunile, in accordance with the law, for all time.
The Mayor and Mayor are elected by public vote, under the same conditions as the village councils.
The appointment of the designated payee, the village Board the village, are also subject to ratification, by public vote of the voters.
He is elected for two years and cannot be re-elected without his consent.
Article 67 Out of the corresponding organs in atribuţiunile small villages, large villages administration cares for all local interests, as far as their means, generally, and the rules shown below relative to the communal administration.
Încasatorul village, in large villages as in small ones charge under the supervision of the Mayor, but taxes and fees, but also the village established by law for the benefit of municipalities and other local administraţiuni or for the benefit of the State.
After the receipt of all reports imposed on residents of the village, încasatorul village, part of the village dropping due to financial administration submits the rest of the County in Exchange for a receipt, either directly or through the local cassieria.
The allocation of the sums thus collected, between the various local and State administraţiuni falls into administraţiunii County's financial burden.
Article 69 Mayor, village Council delegation and exercising control and supervision of the management of the payee pursuant to regulation developed for it.
The village or Township are jointly and severally responsible with încasatorul compared to local administrations and revenue enhancement for his administration.
A special regulation will lay down rigid conditions and limits such liability.
Article 70 the village Secretary is appointed by the village Council, but this nomination to be confirmed by the Chairman of the delegation of the County Council and is submitted to the Council during its life.
Village Secretary must possess at least a diploma of secondary şcoale, but the Interior Ministry, in the localities in this ' who would think it necessary, may require that, for a period determined, to be admitted on a provisional basis, lower village Secretaries with titles, following an examination before the Commission established for the purpose of this goal of the delegaţiunea County in the capital of the County.
Part II SECTION I urban Commune of Commons urban Bodies Article 71 deliberative Bodies in cities and municipalities are: municipal councils and urban councils.
Their executive bodies are: the Mayor);
b) primary Aid;
(c) communal Council or Delegation).
Subordinates are a communal Secretary and various municipal services.
Article 72 councils, establishment of their Choice, choosing their executive bodies, atribuţiunile each of these, as well as their operation, shall be governed by section dispoziţiunile II of this part and the parties (3-9), which concern both the administration of communes and municipalities as urban administration, particularly those who do not are made up of several villages, and provided dispoziţiunilor above.
SECTION II composition of municipal councils and municipal Article 73 the Board is composed of elected members and members.
Article 74 election of members of the municipal councils (City) and is carried out by voting based on universal, equal, direct, secret and obligatory, with the ballot list, on the basis of proportional representation in accordance with dispoziţiunile of the law.
Article 75 the number of Councillors is determined in proporţiune with the population.
This number is: 36 in municipalities with a population that tops the number of 100,000 inhabitants;
32 in municipalities with a population that tops the number of 50,000 inhabitants;
32 Councillors in towns County who have at least 12,000 inhabitants;
24 in cities with a population of over 25,000 inhabitants;
18 in towns with a population of over 10,000 residents;
16 in other municipalities, or which would be the number of inhabitants.
Article 76 every 10 years, the communal Council will verify the increase in populaţiunii does not require a change in the number of Councillors, aldermen elected in accordance with the rules laid down in the previous article. In this case, the communal Council vote will be subject to ministerial approval of the Director.
Article 77 Are members of a deliberative vote straight urban councils: a) the Rector or ruler add local higher education;
b) one representative of the State, add it by primary, secondary education (secondary schools, professional schools, the normal average) and a representative of the private secondary schools as a result of advertising, which belong to the most numerous minority group, appointed by vote of the members of the body of which they are part.
c) one representative of the national churches and a representative of the minority church with the largest number of believers in the locality, appointed by vote of the members of the body of which they are part;
Chairmen of the boards of d) Commerce and industry and chambers of agriculture.
e) members chosen by the industrialists and traders, who have the right of voters to the Chamber of Commerce and industry.
Article 78 the appointment of Councillors takes place right before the establishment of communal or municipal Council.
Any contestaţiune to common urban County Council is addressed, contestaţiunile for municipalities are addressing local Review Committee.
Their decisions may be appealed by those interested, on the established in the present law.
Article 79 Members of the Council will be summoned, as elected Councillors at all Board meetings.
Article 80 Heads of various municipal services will be invited to Board meetings and listen whenever they undergo Council debates issues of their competinţa. Their opinions will be recorded in the minutes of the meeting.
Article 81 of Councilors elected term of Office is five years.
Members are appointed on the same run, but their mandate is terminated if they lose the situation under which they were appointed. In this case, the law will appoint another person in his place is to be filled within 15 days from the rock throwing holiday.
Holidays must be communicated immediately to the guardianship authorities.
If the appointment retards over that period, the Council may appoint himself nouii members.
Article 82 the mandate of municipal counselor is free.
Part III formation of communal councils, Article 83 If there were complaints over the election, or if they were found groundless, municipalities shall be convened as soon as advisors of the local ministerial Director in urban municipalities by County prefect, and in rural communes and villages of the pretori, to rule on the cases of legal incapacity, nedemnitate and incompatibility, the oath, to proceed to the election of the Mayor when he was elected by the Council , the Mayor and Council of delegaţiunii.
The summons will tell the purpose for which it is called.
Pending the entry into service of the Mayor, the Council is chaired by the oldest among its members.
Article 84 The constituting sitting must be present in the absolute majority of the members who make up the Council.
The President put in desbateri as a first point on the agenda, the cases of legal incapacity, nedemnitate and incompatibility. The Council shall act by an absolute majority of votes, those put in question not having the right to vote.
Ascendants and descendants, brothers and members of the same grade, and third degree relatives may not be the same time in the same Council members.
Between the two advisors, in degree of kinship to above pointed out, will be the most senior preferit.
Article 85 Sworn advisers will provide validated in open court in the presence of local Director at the headquarters of the Directorate, for the municipality of residence of the Directorate, in the presence of the Commissioner or his delegate to other municipalities and cities, and in rural municipalities and villages in the presence of the prefect or pretor.
Oath will have to accommodate the following: "I swear allegiance to the King, and Constituţiunii obedience to the laws; I swear to defend and support the interests of the country ".
If within 15 days upon the rejection of the election contestaţiunilor Dale or Dale expiry within which to make complaints, communal Council has not been convened, he meets law and oath will be able to make it before the President of the Council.
Urban communal councils with due regard the knowledge of members who compose them will break off, for the better administration of the interests of local specialties, from comisiuni who will be obligatory to set up: Commission of municipal financial and social assistance.
Article 86 After the oath is elected Mayor, Mayor and Council municipal delegation.
The Council also elects a verification and comisiune for a period of one year, composed of 5 members.
Following these elections, the Chairman of the Provisional Municipal Council says.
Article 87 The Council discharges relating to counter instances of incompatibility, incapacity and nedemnitate, as well as all of the constituent instrument, those concerned, as well as any voters have the right to appeal to the Review Committee for local municipalities, the County Council delegation, for cities, municipalities and villages.
The time limit for appeal is 10 days lapse deciziunii dela.
These authorities are obligated to rule on the appeals received within 15 days of their registration removed from him.
The decisions of these authorities can be appealed against in accordance with dispoziţiunile of the law, before the local Committee of the central Committee for review and revision.
The authorities are obliged to refer the matter to the municipal councils who are obliged to rule on all cases of legal incapacity or incompatibility of nedemnitate who would have informed throughout the term of Office of Councillors and even ex officio.
Article 88 the Councillors who takes the oath to render, or who refuse to provide it, and those who stick together after taking the oath without reasons dela 5 consecutive meetings of the Council in the course of a year, will be declared demisionaţi by the vote of the Council respectively.
Part IV municipal councils Functioning
Article 89 the communal Council shall meet at least once a month, the membership data immediately after its creation.
Summonses containing the agenda, will be made by the Mayor, and if it fails to do them, the Council will meet at the fixed dates.
The Council may be convened in extraordinary session whenever the interests of the commune would ask her, either on the initiative of the Mayor, either after a request by a fifth of the number of users who make up the Council.
The communal Council meetings will be held in premises of the Town Hall.
Article 90 no matter not provided for in the agenda, cannot be the subject of deliberations of the Council, except in cases when the urgency is passed by two-thirds of the votes of the members present. It can be requested by any of the Board members.
Motivation of urgency contained in the minutes of the meeting must învedereze that the delay could păgubi.
Article 91 the Board may deliberate than being compared to an absolute majority of the members that compose it.
For voting the budget and approval of accounts is required the presence of two thirds of the members of the Council.
If after two consecutive convocation Board was assembled in number, members of which will be worthless without justification will be fined by the guardianship authority, without the fine can be higher than 5,000 lei.
If as a result of the fine, the Council was gathered at the third convocation, he will be disolvat after request of the guardianship authorities.
Article 92 Any decision taken by the Municipal Council in its meetings, for which there were summoned all members of the Council, is void.
Article 93 the mayor or his predecessor's open and close sittings, preside over and runs desbaterile.
Article 94 Each Board meeting begins with the reading of the summary of the meeting, which shall be subject to a vote and approval by Councillors.
They are entitled to do, on how observaţiuni have been recorded in the minutes of their opinions and to ask possibly rectify.
Article 95 no matter the specialty cannot be subject to the date of the Council the report of the competent official, who is involved will be obligatory to read before the start of the debate and noted in the minutes of the meeting.
Article 96 in all matters relating to the budget of the commune and its financial management will be heard comisiunea checklist, which will be done before voting on the budget, a detailed report on the financial status of the village and its budgetary needs.
Article 97 Parish Council may decide to be called into session and listened to any expert whose explanations would need.
Municipal doctor will be invited to all meetings of the Board and shall give an opinion on all matters relating to safety and health of the who.
The Municipal Council meetings in municipalities and cities, the prefect of the county can take part and make observaţiunile that you find necessary.
In rural municipalities the same as praetor plăşii has, and the Mayor of respective rural villages.
Article 98 the communal Council Decisions are taken by an absolute majority of the members present, except for the cases when the law provides otherwise.
All the members vote on its face if the law otherwise, and if people are not issues when voting is secret.
The President shall vote the latter.
Article 99 For all meetings and deliberations will end the minutes signed by the Mayor, the Secretary or the notary and two members appointed by the Council.
The minutes will then be passed first special register sealed and initialled, where they will be signed only by the Mayor and the notary or Secretary.
Article 100 Board meetings are public.
After the request of one-third of the members present, the Council may decide, without desbateri and the two-thirds majority as sitting to be secret.
Deliberaţiunile on the budget or who have a research object of taxes times of reckoning cannot be secrets.
Clerk in rural municipalities and commune Secretary in other municipalities attending all meetings.
The Mayor, who presides over the mayor or Councillor, has during the hearing and deliberaţiunilor police.
They may order the removal from the meeting room of any turburător of the order.
In the case of offences committed crimes, or during the meeting, they will ascertain through the record, will be able to arrest breaches and will seize on the flooring.
Article 101 Every resident has the right to obtain copies of the partial or total minutes of your Council, after budgets and accounts, in addition to the deliberations in secret session followed.
Article 102 Any elector of the village, as well as any interested person may request from the courts of law the nullity or cancellation of the communal Council deliberations, according to dispoziţiunile law.
Part V Article 103 Atribuţiunile communal councils, Parish Council deliberates on all matters relating to the interests of the commune and who controls the administraţiunii communal acts.
Article 104 Are of local interest in communal: 1. Issues concerning primary and elementary, secondary and professional buildings, namely: reparaţiuni, şcoale, maintenance of communal teaching material procurement and administrative control over the schools in question.
2. communal Issues in relation to local cults.
3. Public Health and social assistance, namely: buildings, reparaţiuni and maintenance of hospitals, laboratories, dispensarii, infirmerii, retirement homes, buying material reclamation settlements. Application and control measures of social hygiene and food; the application of measures to prevent and combat epidemics and epizootic diseases; taking all measures of execution of orders given by the central authorities in this respect; measures against unemployment and the creation of a budgetary Fund for assisting the unemployed.
4. Matters relating to the growth, and the cattle veterinary measures.
5. Construction and maintenance of roads, streets, bridges and all the ways of communication of any kind, on land and water; correction of sewers, water courses, and in General any public work of local interest.
6. Matters concerning construcţiuni edilitate, public buildings and private openings of roads and squares, water supply, sewer, lighting; systematization of the commune, to facilitate circulaţiunii on the roads, streets, squares, piers and other thoroughfares.
7. Measures for the defence of protecţiunea landscapes, monuments and works of art, the establishment of local museums.
8. Measures relating to education, citizenship, adult schools, physical education and support existing ones.
9. Matters concerning the reorganization and assisting agriculture, cooperative credit, popular, trade, industry and labour and in general the entire economy of the Commons.
10. To facilitate the supply of populaţiunii with the first necessity, as well as measures for normalization and the control of prices for such items, which may make to that end even acts of trade, only to remove speculation.
11. Voting on the budget of incomes and expenses.
12. Creating revenue of any kind, the settlement and the charging of levies, taxes and cotizaţiunilor within the limits fixed by law.
13. Matters relating to loans.
14. mânuitorilor management of Research funds, monitoring of compliance with the respective budgets and of charitable institutions under their supervision.
15. control and surveillance of the property of the charity charitable institutions.
16. Matters concerning the intentări lawsuits, transfer, Exchange, gift, receive concessions, transacţiuni.
17. Matters concerning alipiri deslipiri of villages and hamlets, and changes of residences of the House of Commons, transformations of the urban and rural communes in vice-versa and in General any territorial changes of municipalities and other administrative divisions, such as communal sectors within their jurisdiction.
18. Measures relating to police the roads, streets, the performances, the costumes, the General Police Directorate and any measures to ensure tranquillity, security, property and lives of citizens good public policy.
19. The establishment of regulations regarding edilitate, hygiene, sanitation, rural and communal police, from taxes, fees and other income as well as to organize public services.
20. Cooperation with the counties and the State with those works and undertakings of public interest which may be expedient.
21. The right to confer honorary citizenship of those individuals who have earned honors by gifts, related, notable improvements and services brought to the village.
This distincţiune cannot be granted only a two-thirds majority of the members of the respective Councils.
22. The right to give and change street names.
23. Right to higher authorities or reclamaţiuni the memory improvements, conversions, or what changes would be made to count in different laws and regulations in the interest of, expressing wishes, making proposals on the State and needs of the various public services, and would be in touch with local interests.
But Councils may not make or publish protestaţiuni, proclamaţiuni or political addresses.
24. the communal Councils can put in communications with each other and with other authorities in questions of local interests through the intercession of the Mayor.
Article 105 the communal Council, in charge of the comisiunile special care of various issues relating to: education, public health, social ocrotiri, edilitate, agriculture, etc., can also receive people from out of the Council, who give their communal contest administraţiunii in these matters.
Communal regulations, edilitatea and the police DEPARTMENT I preparation and construction contents of communal regulations Article 106 to draw up regulations on hygiene and sanitation, edilitate and communal police, councils of communes are obliged to take suburban opinion which is attached to the commune.
For the application of these regulations shall be suburban communal may associate with urban township or municipality adjacent to set up and maintain execuţiuni and services together.
In case of misunderstanding, either on the dispoziţiunilor regulations, either on the condiţiunilor between the suburban municipalities and cities will decide delegaţiunea County, and between communes and municipalities, suburban local Review Committee.
Article 107 Through municipal regulations may prescribe measures to ensure their execution imposed through ' themselves and for the dismantling of those executed in against their prescripţiunilor, fixing it and in what proporţiuni work and expenses required to be borne by offenders fall and other penalties.
Sentencing will not go over five hundred lei fine in rural villages, communes and towns nereşedinţe and over five thousand lei in the cities and municipalities of residence; in the event of a repeat offence, in addition to the fine execution of the work may be required on behalf of offenders, as well as the closure of unhygienic housing and trade premises.
Article 108 of the communal Regulations are subject to approval by the higher authorities, in accordance with dispoziţiunile of the law.
They may not contain dispoziţiuni contrary to general laws and regulations in force and the public administraţiune any superior interests of the State.
Article 109 Regulations shall become enforceable only after it has been brought to the attention of the public in rural municipalities through their display or otherwise, and in urban municipalities through the publication in the Gazette or journal of the County ", or village, or failing that, through display at City Hall or at the prefecture.
Proof of posting or publication is made by the conclusion of the report, signed by the Mayor and communal Secretary.
Article 110 Through edilitate shall be subject to regulations especially measures;
To determine the home communes, reserving it as it will be possible to place the fireplace for communal House, for şcoale of varying degrees, for children's gardens, libraries, churches and in General, for all kinds of public buildings;
For the alignment of streets and markets and for raising the necessary plans for alignment and levelling;
For closures and openings of the streets, roads, squares, for their appointment and arrange their housing;
For aligning and setting the buildings of construcţiune these rules, taking into consideration the historical, topographic situaţiunea memories and sanitation requirements, circulaţiunii, trade and industry; for any who works to find r needed for beautification and systematization of the House of Commons.
Article 111 By higienă regulations and sanitation, action will be taken in particular: For sale food substances and articles of first necessity;
For privigherea of slaughterhouses and markets of the commune and for the execution of the measures concerning the unsanitary establishments and enterprises;
In order to remove the causes of unhealthy infecţiune and exalaţiunilor;
Housing, health and the cultivation of vacant places;
For the establishment and proper maintenance of the latrines and places where deposit garbage and lăturile;
Funerals and cemeteries for the police;
Fântânelor for maintenance, water sinks and who serve or who are populaţiunea away from cattle;
To stop laying boalelor contagious and infectious.
Article 112 By municipalizare regulations, drawn up by the communal councils and urban councils will determine the very top regarding satisfaction with populaţiunii of first-need items.
These regulations are subject to the approval of the local Committee for review.
Article 113 by regulations concerning income communes, will establish fees for: (a) the use of goods) in the public domain of the House of Commons, squares, pavements, gardens, fairs, exhibitions of any kind, pasture and others;
b) for the use of roads, streets, avenues, cars trucks, with carts and vehicles with any burden which, either because of hardships, whether because of the burden of carrying, these travels bring injury;
c) for the various services would be arranged for the use of the commune or in the interests of the inhabitants, such as: water and of Service channels, cleaning latrines, picking up garbage and lăturilor, măturatul and zăpezei lifting sidewalks, sprinkling, control the sale of foodstuffs and goods cântăritul, cotitul, curăţitul baskets, display, means of transport.
Article 114 Through regulations of the municipal police shall be taken in particular for fixing prices and controlling, food and other items from the sale of first necessity; may provide for offenders, in addition to a fine and confiscation of food and goods put up for sale against prescripţiunilor;
In order to ensure and facilitate the circulaţiunii streets, roads, markets, banks and other public places;
To ensure public morality through the supervision of gaming, game houses, of prostitutes and prostitution houses;
To ensure the means of transport within the commune and fixing charges racing into the city with any public vehicle;
For the enlightened nineteenth and măturatul communes, raising the ruins, the removal or repair of buildings who threatens with ruin, to expose to Windows or other objects through their fall who could bring harm to bystanders or neighbors, stopping to make messes around in the streets, and wastelands to throw garbage in the streets, and harmful objects circulaţiunii or public health;
For transporting carcases, maintaining good order and metes in cemeteries, irrespective of denominations and religious beliefs;
For the prevention and cessation of fires, floods and other such incidents;
For alienaţilor guard whose condition could compromise public morality, the safety of people and the preservation of the property;
For the extirpation of evil animals, insects and miracle-working bird sădirilor and damaging crops;
For guarding crops, vineyard, ţarinelor, pometurilor, fâneţurilor, islazurilor and sădirilor of all kinds;
Use your water for archaeologists;
For exhibitions and fairs, celebrations (fairs), and others;
For the prevention of accidents resulting from excavation and removal of Earth, sand and gravel;
To collect crops on time;
For the registration of cattle, securing property and determining the conditions of disposal.
SECTION II Edilitatea and police construction Article 115 urban and suburban Municipalities, spas, are obliged to draw up plans for alignment, levelling and rezoning, to review and complement existing ones, so that within 10 years the promulgation of this law, which from all these plans to be drawn up and approved definitively.
In drawing up the plans will take into account future requirements, reserving it and determining the jobs markets, gardens, parks, for plantaţiuni, for services, public buildings and monuments; for the opening of arteries comunicaţiuni noui as well for any other trebuinţi after circumstances and locality.
For rural municipalities, plans will be prepared in the edges of local needs.
Article 116 the plans will be made for urban and suburban municipalities, resorts and climatic, technical services in question, and for works which could not be enforced, specialists employed by the communal Council, while for rural municipalities, by the technical service of the county or a delegate.
Article 117 For municipalities who in whole or in part were destroyed as a result of răsboiului, plans will be drawn up by the technical services of the State, at the expense of the latter, within one year after the promulgation of the law.
Article 118 shall be set up at the residence of each County, under the chairmanship of the President of the County delegaţiunii, a comisiune for the systematization of the House of Commons, consisting of members of the Board of hygiene, and in the municipalities that a Council of hygiene, from members of this Council.
In municipalities, the comisiunea will be presided over by the Mayor.
Comisiunile will take the opinion of the heads of various services and will be able to seek the opinion of experts in the field of architecture, engineering, art, archaeology, Commerce and industry.
Article 119 Comisiunile County will be aided in their work by a subcomisiune which will be set up at each of the 15th century, from plăşii, doctor pretori, an engineer or a ruler, subrevizorul, an agronomist and a tourist guide, if you are going to find in the village.
Of these, subcomisiuni will keep at the disposal of the inhabitants of the House plans and instalaţiuni agricultural and industry, who plans will be approved by the technical service of the Ministry of internal affairs or its care drawn up by deadreptul.
Article 120 the Board higher technical public works Ministry, will set out general regulations, who will lead after municipalities in drawing up plans and rezoning projects, as well as the execution of the works.
Both local and comisiunile Department of technical control, because the communal authorities to comply with the law and prescripţiunilor when a municipality, after three years from the presence of the implementation of the law, will not start the work for the preparation of plans and projects required, will intervene as ministerial Director for municipalities, and County Chairman for the common delegaţiunii and other villages, to put them in. If within six months will not give these administraţiuni a result of these invitaţiuni, work will be undertaken by comisiunea question, at the expense of the municipality or commune, and expenditure will be entered in the budget as required.
In this case, comisiunile will be able to give the County technical services or tasks, and the need to hire specialists for making plans and projects.
As soon as the plans and projects will be drawn up, the Mayor will ask their opinion of this systematization Commission and with the Council will be subject to municipal, which date will be obliged to rule within six months.
Whatever the outcome of the judging, as well as in cases when Municipal Council would neglect to adjudicate the above deadline, the mayor shall be obliged to submit the plans and projects with the opinions and all the paperwork relating to delegaţiunii County, cities and villages communes, and for suburban and spas, the local Committee of review that will decide.
Article 122 the openings and inclusions of streets and squares, as well as the decisions of the Municipal Council regarding the establishment, disestablishment, and changing markets for fairs and bâlciurilor, belonging to the commune are subjected to the approval of the local Committee of review for municipalities, and rural villages, communes and towns, delegaţiunii County.
Article 123 Anyone cannot open streets, passages, or înfundături, without the authorization of the village Council or parish, which is obliged to make the completion of the condiţiunilor alignment, levelling, drainage, paving and lighting, as well as the rules and regulations, setting a deadline for their execution.
The Mayor will not issue the authorisation only after rigid conditions will have been met.
In the communal Council or against judging deciziunii Mayor, rejects or is allowed only one part of the application, the applicant can appeal to the delegation of the County Council or local Review Committee for municipalities.
These decisions can be appealed against on the set by this law.
Whoever will open streets, passages, or înfundături without authorisation, will be sued and shall be punished with a fine up to 50,000 lei, but so that the punishment may be reduced by applying the uşurătoare circumstances less than 5,000 lei fine.
Streets, passages, and înfundăturile what will be opened without authorisation, will be closed, and the buildings will be made on them will be abolished.
With the Court pronouncing sentence, will condemn the offenders to pay the expenses necessary for the winding up of the commune.
Those who will buy land on such streets, passages, or înfundături, opened without authorization, may request cancellation of the sale through justice, restitution and compensation price.
Article 124 For streets and înfundăturile which are constructed buildings and places which the promulgation of the face will be found opened without authorisation, and without carrying out condiţiunilor City Hall provided for by the laws and regulations in force, to be determined by the authority, with the approval of the Ministry of the Interior, once following the opinion of the central Committee of revision, the rules regarding the execution of the works were held to make them to get approval. If no later than three years from the presence of promulgation of laws, those will not be executed, apply the penalties provided for in the present law.
Streets and înfundăturile who have a public road and were opened in violation of law or regulations, will be taken into possession by the municipality, without compensation for land owners who have given this street or destinaţiune înfundăturii.
The commune has the right to impose special taxes to cover in all or in part of the cheltuelilor who were the necessity of works to improve streets or înfundăturilor in question.
These special taxes will not be able to beat it 10 percent of the net income of the property and they will be subject to approval of the County Council, or local Review Committee for municipalities. In the judgement, against their use may be made on the set of this law.
When through streets, passages, squares, etc., the newly created or newly furnished, it increases the value of neighboring properties, twenty percent of the plus-value returns the commune as compensation for urban public works being made; the evaluation of this addition will determine the values after the rules laid down in the law on expropriation for public utility.
Thus imposed on the property, you cannot put any task for public water works.
Article 125 Construcţiunile who without authorisation or breaching the authorization data s ' would make out in the streets over definitively approved alignment will be removed, except if the owner, within the period prescribed, would put the construcţiunea alignment. Will not allow consolidation works to buildings and enclosures out of alignment, the streets of which plan is finally approved, and who will do without authorization will be terminated.
Deviations will judge both with regard to the application of penalties, as well as with regard to the fixing of the cheltuelilor that fall to be borne by offenders for dismantling works and compensations to who would commune, by the courts of wards.
Article 126 Dispoziţiunile sanction I and II of part II shall apply, as far as administraţiunilor village of means and their competinţei.
Part VII Municipal Council Delegation (rural, city and municipal) SECTION I establishment of the Council delegation, Article 127 the Council shall elect from among its members a delegation composed of 5 members, in larger urban municipalities of 100,000 inhabitants, 4 members in urban communes of more than 50,000 inhabitants, 3 members in other urban municipalities and 2 members in the rural communes and villages. Will choose two alternates for a common substitute for urban and rural municipalities, provided dispoziţiunilor for rural municipalities, which are made up of several villages.
Article 128 the delegation of elected Councillors is elected by secret ballot.
Those advisers will be declared elected who had obtained an absolute majority of votes cast, in order of importance to the number of votes obtained.
If in the first ballot obtains the absolute majority of the votes, the required number of candidates, voting is repeated in the same session and shall be declared elected the candidates who have gathered more votes.
In the event of parity, the oldest will be declared elected.
In municipalities, the election of the delegation from the Council to deal with majority representation, repartizându-it mandates in proportion to the number of Councilors elected on each list, compared with the total number of elected Councillors.
Article 129 in the event of any holiday, in place of the vacant shall be called alternate until the next Board meeting, when it will elect a new Member.
Article 130 the mandate of members of the delegaţiunii is for the entire duration of the Council.
The Council may at any time withdraw his delegates mandate driven by secret ballot and by an absolute majority of votes.
In this case, vacancies shall be filled after the previous regulations determined in article.
Article 131 May be part of the delegation any Councillor elected, if there is no incompatibility with the function or occupation would be.
The Mayor and Mayor ajutorii do as part of the communal Council delegation.
Article 132 the delegation members receive a token presence for their prestaţiunile and restitue expenses which would do for fulfilling their assignment.
Indemnizările due shall be fixed by the Council of a municipal decision, subject to approval, by guardianship authorities.
SECTION II Council delegation Operation Article 133 the delegation shall meet at least once a week after convening the mayor or his locţiitorului.
Article 134 the delegation is chaired by the mayor or his Deputy, without which the deliberations of the delegation are not valid.
Article 135 shall take decisions by a delegation by an absolute majority of votes of its members.
SECTION III Article Atribuţiunile Council delegation delegation of 136 Municipal Council replaces the communal Council in the interval between sessions and decide in its place within the limits of the powers conferred by the Council.
Article 137 the Board may not delegate to the delegation, the right to decide in terms of appointment, and licensing officials with higher academic titles, like voting and modification of the budget, start-up fees, transfer taxes, cotizaţiuni, or achiziţiuni of communal wealth, loan approvals, regulations, management concessions services, changes of territories, conferring honorary citizenship.
Article 138 Delegaţiunea is an advisory body of the Mayor in all matters who fall within its atribuţiunile.
Article 139 Delegation decide in all matters of appointments, submission, service licensing officials from aldermen without academic titles and decides upon disciplinary measures, prepares the draft budget, as well as draft regulations, which are to be submitted for approval to the Council.
For the preparation of the budget, the delegation will ask the Commission, a report on the financial situaţiunii of the village, which will be subject to the deliberations of the Council, together with the draft budget.
Delegation sets price list of hotel, family-run guesthouses and rate other public places, the price of public transport vehicles, of prestaţiunilor service of forwarding agents, hamalilor Street, as well as the price of transportation with chariots, and may prescribe penalties undertakers for speculation.
Article 141 the delegation granted necessary permits for construcţiuni, repairs, fencing, according to plans, orders and regulations align prestaţiuni in kind in cases of public calamity.
Article 142 the delegation shall draw up the agenda of matters to be brought into debate the communal Council.
Article 143 the delegation overseeing preparation of voter lists, both for political and administrative ones. Oversees and inspects, communal establishments. Checks whenever he sees fit, but at least once a month, ending about contactless cards this one report that you submit to the Council, oversees the execution of measures of hygiene and sanitation, edilitate and communal police.
Article 144 insofar as their structure can be adapted to the provisions of this section shall apply in administraţiunea villages and rural communes, consisting of several villages.
Part VIII the Mayor and ajutorii mayors choice SECTION, the mandate and the salary of the Mayor Article 145 Mayor in villages, as in rural municipalities consisting of a single village, and the help of the Mayor, are elected by direct universal suffrage and secret ballot for voters, a majority of Aldermen absolute votes, members of the commune who enjoys election rights in the village or in the municipality dispoziţiunilor, provided for in the villages who works village Assembly.
If none of the candidates ' held the absolute majority of the votes cast, the election shall be repeated, declaring himself the candidate with the most votes.
The mayors of other municipalities are elected by the Council of rural parish, with the absolute majority of votes of the members of the Council or of the members of the commune, who would have the right to be elected Councillors.
If none of the candidates tour does not meet this majority, the vote shall be repeated, declaring himself chose the one with the majority of votes.
Article 146 Mayors urban communes are elected Municipal Council with a majority of two-thirds of the votes of the members elected to the Council.
If none of the candidates does not meet this majority, the Interior Ministry will appoint the Mayor on one of the three candidates who have gathered the most votes.
If the Ministry finds that these candidates did not correspond to the interests of the safety of the State or social order may appoint as Mayor one of communal Council members in question.
The entry into operation of the communal Council elected, cannot do without the confirmation of the Ministry of the Interior.
Article 147 in the event of absence, leave, demisiune, suspension, revocation or any împiedecare of the Mayor, he is replaced by one of the consequences of his ajutorii of Mayor.
Article 148 Municipalities may have several necessary helpdesk mayors, Council decision, after approved by the guardianship authority.
In the villages who have several volunteers, the Mayor will eventually be replaced by first aid or, failing that, by one of the volunteers appointed by the Mayor, and in his absence and a counselor, also appointed by the Mayor.
Ajutorilor choice of Mayor is held by the same rules as the Mayor.
Article 149 cannot be elected mayors and mayors, Ministers, volunteers of various denominations, officials of the State, County, commune and village, with excepţiunea members of staff, who will take leave of the Chair's Office removed from him-and with the doctors in hospitals.
The Mayor and Mayor may be forced by the Board to the parish to do exercise respectively during their performance of any profession.
Article 150 of the Mayor's term of Office and the aid of Mayor and Council's term of office lasts that i chose.
The Mayor, together with the delegation, gerează communal affairs in case of expiry of the mandate of the Council, in the formation of the new Council.
Article 151 the communal Council shall fix each year, from voting on the budget, retribuţiunea and his ajutorilor of Mayor, after means who has, with the approval of the guardianship authorities.
The mayors of the communes, are operational on the promulgation, shall have the right to ask for the inclusion of the pension if they have service for at least 10 years and have contributed to the Fund.
SECTION II Article 152 Mayor Atribuţiunile Mayor, together with the Municipal Council delegation, constitute the executive body of administraţiunii.
Article 153 the Mayor is the head of administraţiunii. He manages all interests, together with the delegation from the Council or Parish Council, following the provisions of the law.
The hallmark of a mayor is a girdle with national colors; that at all the official ceremonies and celebration of marriages.
Article 154 the Mayor represents justice.
He can make, in urgent cases, any legal acts necessary for the conservation of a right, remaining to be approved subsequently by the Council.
Article 155 the Mayor is the Chief of police.
He may delegate part or all of these primary civil aid and failing his a member of the communal Council of delegaţiunea.
He exercised atribuţiunile arising in connection with this capacity, either personally or through agents and police officers appointed for that purpose by the administrative police.
The Mayor, in an emergency, it is obliged to take the measures needed circumstances, when public order and the safety of the State would be threatened, reporting the competinţă bodies and atribuţiune enters the implementation of these measures.
Article 156 of the communal police Measures ordering and applies to primary, according to laws and regulations.
The municipal police has the object: hygiene and healthiness of housing) and determination of condiţiunilor for construcţiunea private properties;
(b) Facilitate and circulaţiunii) safety on streets and roads, markets and other public places;
c) ensuring means of transport within the commune;
d) Ferirea fire inundărilor cities, preventing and combating epidemic or contagious boalelor and epizootic diseases;
e) destruction and eradication of harmful animals;
f) transportation of bodies and caring for cemeteries, irrespective of their religious faith or worship;
g) Inspection of hotels and guesthouses and to their own measures to ensure hygiene and sanitation;
h) quality assurance and weight of objects who are sold with scales or the measure, according to the laws of measures and weights;
I) liquor premises Vigil;
j) Control in terms of health foods and beverages;
k) monitoring display;
l) measures for eradication of begging;
m) Police and theatre shows of any kind;
n) industrial and trade safety Police.
Article 157 Mayor is indebted to take measures to prevent theft and damage to crops in the field, gathering ahead of time, measures for the rational use of pastures and Lastly, any other measures provided for in law and dispoziţiuni the rural police, currently in force, or ' would be decided in the future.
Article 158 the Mayor as well as medical techniques, officials who have the right of control, designated by him, shall have the right to check contravenţiunile to laws, regulations and ordinances. They will send offenders to the competent judiciary judgement, if laws won't even give their competinţa in finding the facts and the application of penalties.
Article 159 the mayor shall convene the presiding municipal and close meetings.
Convenes and presides over the Council delegation.
Propose issues to be discussed who the delegates.
Council deliberations and running delegaţiunii and take all necessary measures to defend the interests of the inhabitants, in the execution of deciziunilor data Council and delegates.
Oversees compliance with the regulations.
Issuing certificates of public notoriety and liability.
Performs all the acts who are not specifically reserved to the Board or the municipal delegation, regarding the Administration and defense of the interests of the district.
The Mayor is the civil status officer.
He may delegate this primary aid atribuţiune, or, failing that, a member of the communal Council of delegaţiunii.
Mayors of small villages may be instructed by the communal Council delegation, after her election, to exercise the functions of the civil status officer, for several villages. In this case, they will contribute, to the extent determined by the municipal delegation, at the maintenance Office.
The Mayor has the authorisation of payments and sign Ordinances. He may delegate the responsibility to own this primary aid atribuţiune.
Mayor inspects the roads, markets, fairs, and any establishments who, from the point of view of safety and health, are within the competence of the municipal police. He can stop the shows who would turbură or jicni sense of tranquillity.
Require urgent measures of hygiene, in accordance with the opinion of the doctor.
The mayor presides over the public tenders.
The Mayor may delegate part of its primary atribuţiunile aid, or, in his absence, a member of the delegaţiunii, written by year, shall be made through and through advertising.
Article 160 is the only Mayor the right to give orders concerning the measures that fall in its atribuţiunile, of the Council or delegation.
When these Ordinances are regarding sanitary issues, agricultural, veterinary, public works or other specialties will be given following prior consultation with the head of the service concerned and countersigned by the latter.
The Ordinances will be displayed at the door of the City Hall.
Any citizen has the right to make întâmpinări in the counter at your local ordinances, the Review Committee shall, when given by the mayors of municipalities and the County Council delegation when they are given by the mayors of other municipalities.
County delegation and the local Committee of revision, each within its competinţii shall have the right at any time to cancel Ordinances who are contrary to the laws and regulations of the Board, or when they reach the State order. They may, if necessary, suppress one of these Ordinances only their dispoziţiunile open from this point of view.
In the County Council delegation against the judgement, any citizen who headed a welcome Committee may call for local review, and in the latter against the judgement, the central review Committee, within ten days after receipt of deciziunii dela.
Ordinances become enforceable only after it has been brought to the attention of the public through publication, display and for those who dispoziţiuni, and contain general individual notification made by the persons concerned, for other cases.
Displaying and publishing shall be evidenced by means of protocols signed by mayors and Secretaries, and încunoştiinţările individual evidence of receipt.
Article 161 Contravenţiunile will judge the Ordinance and punish in accordance with prescripţiunilor from laws and regulations.
Article 162 Mayor meets any other civil which are referred to by laws and regulations and represent the commune in all official ceremonies.
SECTION III the dismissal, removal and suspension of the Mayor and the Mayor Article 163 the Mayor and Mayor may resign at any time, subject to the dispoziţiunilor relative to the mayors in small villages.
They shall submit to the Council in question demisiunea.
The Council shall act on the resignation.
The Mayor would be replaced, until the decision of the Council, through the help of the Mayor.
Article 164 primary and Mayor can be removed by the Municipal Council of the managerial decision, taken with the two-thirds majority vote of the total number of Councillors, when they turned out in their task of serious and harmful deeds.
Article 165 no measure cannot take against mayors who would end their removal, before they have been called to be heard by the competent authority.
They are entitled to present their defense and through memories. If you refuse to portray or to submit memoranda, removal procedure will end the course.
In the judgement that will be given, it will make mention of these formalities.
Article 166 shall be notified of the decisions by communal councils tutelary authorities concerned, according to dispoziţiunilor law. They remain definitive if within 15 days from the way their communication have not been dispelled by these authorities. Those cut off and they have the right to appeal against the decision within the same period.
Article 167 Mayors may be suspended during an inquiry ordered by higher administrative authorities or in the interests of an investigation pending before the investigating judge.
The mayors will be suspended if they have been sent to court, as a result of a final order of the investigating judge, if he were arrested under a judicial warrant or were only in the first instance, as a result of a complaint addressed directly to the criminal courts.
In these cases, the suspension stands, motivated the County delegation for mayors of urban and rural communes, and for mayors of municipalities of ministerial Director, at the request of the superior authority of communal, which investigated, or investigating judge-in the cases provided for in paragraph 1. 1 and ex officio-where provided for in the second subparagraph.
Article 168 primary Quality is lost for the same reasons, for who is lost and the quality Advisor. She is lost and when an event occurs after the choice of the incompatibility provided for by law.
Deciziunile suspension article 169 will be reviewed every three months, in order for the Council to decide on the usefulness of maintaining the suspension.
Article 170 Dispoziţiunile this section applies, in so far as administraţiunilor village compatibility with structure and their competence.
Part IX public services and civil services DEPARTMENT municipal aldermen Article 171 services for each administraţiuni, both villages and communities, as well as their staff, within the limits of funds shall be established through a regulation which will determine and atribuţiunile and retribuţiunile, since they will not be provided for by law or by special laws.
Article 172 Each municipality will have a Secretary or a notary, a payee or a cashier and staff needed for public services.
As far as their means of urban municipalities and rural as well as villages, will be able to hire and other officials such as: healthcare, sisters doctors or medical agents, doctors, midwives or veterinary agents, conductors, picheri, Jonathan, agronomists, artists, telefonişti, mailmen, firefighters.
SECTION II Article 173 admissibility Generally, stability and running, retribuţiunile and disciplinary punishments for officials and village aldermen, who enters the provisions of special laws, shall be those laid down in those laws.
For the officials and staff of the aldermen who reports to the special laws, unforeseen, the communes will notice ready for admissibility, stability and disciplinary penalties to be laid down for similar functions, the law on the Organization of the Ministry of the Interior, whereas the present law otherwise.
Cassierii Secretaries, accountants and aldermen are appointed by the Council, following the rules laid down in the present law. In addition to the functions set out rigid conditions for general public, according to the preceding paragraph, the Secretary, in urban municipalities will have to possess a Bachelor's degree or doctor degree in law and cassierii and accountants, diploma superior school of Commerce.
Cassierul rural municipalities will have to be at least lower secondary cycle. By excepţiune, Ministry of the Interior may be provisionally authorised as administraţiunile, in localities where this condition can not be realised, that it can be called only with account executive primary course graduation.
Other officials are appointed by the Council of the delegation of the Council or of the Mayor, according to dispoziţiunilor law and the rules of what will be done.
Article 174 Cassierul, accountant and collecting agencies, may not come into operation before the guarantee prescribed by law or regulations adopted by the Municipal Council.
Mayors shall ensure, under their own liability, that guarantees have to be submitted, complete or renewed at the Inquirer.
The guarantees will be forever lodged in cash or in State-guaranteed public effects and will keep the Cash deposits and Consemnaţiuni.
Article 175 Încassatorii village will be exempted from warranty, through a vote of the Assembly of the given village, with two-thirds of those present, dresându-a special report.
In the villages who works a village Council, relief cannot be granted by the Council only after his vote will be subject to approval by public suffrage.
Article 176 All incompatibilities established by law for administrative officers of the State, shall also apply to officials of the communes and villages.
Article 177, parish Secretary in municipalities and cities appointment as Secretary general of the city or municipality.
He shall attend all meetings of the Municipal Council. He is tasked with drawing up the minutes of meetings and with their respective registers transcript numbered şnuruite, and initialled by the Mayor.
He is the head of Government and has archives and supervision of the works from the Chancellery of City Hall; countersigns all the documents and correspondence and may delegate this right and heads of communal services.
He performs any other tasks given in this respect by the law or by the Mayor and the Municipal Council, in the margins of their 2532/98.
In the case of sick leave or foreclosure of the Secretary, he is replaced by ' one of the service chiefs appointed by the Mayor of the urban question.
Article 178 municipal Clerk to be appointed by the Board of Director of the municipal and ministerial confirmed more common may associate to have a notary, thus forming a district notary.
When the more common form is associated to a notary and constituency in the case when they are not understood on the person appointed notary, will be made in accordance with article 58.
The clerk must be a graduate of notaries add with baccalaureate or Bachelor of law. The Ministry of Interior may order, for a period of two years, determined the localities where this condiţiune might not be carried out, to be provisionally admitted candidates with at least four secondary classes, having given an entrance exam.
He may be assisted in his atribuţiunile a subnotar, recruited under the same conditions as the notary.
He meets in rural communes, except those set out for the villages, such countries through the preceding article of the Secretary, and will draw up the acts of civil status for villages who does civil status Office. He countersigns, being liable, together with the Mayor, their accuracy.
He oversees and leads the work of the Secretaries of the respective village commune, bringing to the attention of the village mayor, neregulele service.
In the communal Council he can speak and make proposals, having a consultative vote, apart from the issues we are dealing with acts unto his own. He displayed in Council term deliberaţiunile and finds out through the report, together with the Mayor. Shall, according to law and forwarded to Council for approval deliberaţiunile and meets any other assignments given in this respect by the law, or by the communal Council, the edges of its 2532/98.
He has in his task and execution and duties prescribed by laws and regulations.
Thus: Help the Mayor to bring to the attention of the public, only through the display and reading, laws and regulations of public administration, as well as communal regulations and any other acts of authorities, intended for advertising.
Collect statistical data of all kinds, concerning common and communicated to the authority responsible for centralising them.
Take part in the creation and revision of electoral lists and the various recensământe, such as older children in school, the youth subjected to conscription, taxes, of prestaţiunilor, etc. Keep registries for selling tickets to liberation of cattle, and the lack of veterinary records, agents for their preparation.
Lead and supervise the village on its încasatorul.
Keep, in the absence of medical agents, registers of vaccination and re-vaccination.
Meets rural postal service where there is a post office, telegrafo-a special agency or another Department, in charge of the overall posts, telegraphs and telephones.
Submit all documents emanating from the presence of procedural justice, and how any kind of acts and orders call of various authorities.
Article 179 village Secretary and clerk of rural municipalities are indebted to edit petiţiuni for those who would resort to their Office. For this service, the Secretary or clerk, under disciplinary punishment, it will not ask for nor receive a payment higher than that fixed by the tariff set by the delegaţiunea County with the assent of the first President or, failing that, the President of the Tribunal.
Village Secretary is responsible for remittance of all procedural acts emanating from the way of Justice, and of all acts and orders call of various authorities, under the responsibility of the notary and vigil.
Article 180 of Commons officials and All the villages before it enters into service, it shall provide, before Mayor respectively, the following oath: "I swear allegiance to the King, and Constituţiunii obedience to the laws, I swear to defend and support the country's interests: So help me God."
House of Commons Officers and article 181 villages are of two categories: administrative officers and specialist officers, various organic laws declared them as such.
Article 182 the rigid conditions of recruitment for civil servants, as well as their rights to the submission, remunerations, disciplinary measures and withdrawal are those laid down in the laws and statutes.
Article 183 rigid conditions for admissibility with regard to administrative officers are as follows: in addition to General State officials generally imposed administrative officers must also have the following titles or knowledge: a) to the village and in rural municipalities: at least the course of 4 years of primary or elementary school;
b) In urban communes: 1. Staff (Registrar, transcriber, swimming): at least four classes of secondary schools or vocational training.
2. the Executive Staff (Chief of biurou and subşef): at least graduate school or a specialised higher schools.
3. The heads and subşefii of service (section heads and subşefii): license degree in law for the Administrative Department, the licence in Sciences commercial for financial service license in Agronomy or the corresponding title and License Department in letters for the cultural section. In the last two sections, the Lampshade with titles, can engage finally and licensed in law.
Jurisconsultul Comunale is entitled to practise law advocatura advocaţilor.
Career officials are required to know the Romanian language, Article 184 villages and communes Officers are employed in the State functionaries, enjoy all the rights granted by statute and are subject, in the same time at all the duties laid down by it, with derogations made, excepţiunea this law.
Part X suburban Township Article 185 a village or rural municipality may be declared in the suburban municipality following a deal occurred between urban and township village or rural township.
The agreement shall be subject to approval by the Committee for review.
Where the general interests of suburban heaven for the establishment of the joint and the agreement could not be established, the local Committee review is entitled to declare their respective villages or communes of suburban.
The decisions of the local Committee of review can attack with the call to the central review committee within 20 days from the presence of their communication.
Article 186 suburban Township retains its individuality, having regard to the Council's own communal and municipal authorities.
Article 187 In Suburban municipalities functioning of certain services must be brought into line with similar services from urban township which depends, in accordance with dispoziţiunile of this law.
A special regulation will generally specifying all the Organization of communal services for useful collaboration between their respective communal organizations.
Article 188 the mayor or mayor of the suburban Township delegate forms part of the commune's Urban Council concerned.
When I'm in discuţiune matters of common interest to both who and in particular, measures edilitate and alignment, the Council of the commune of suburban is represented with voting rights in the Council of the commune sitting beside urban Mayor and Council delegation.
Article 189, Regulations edilitate and communal police of suburban commune will not be able to be put into execution as once they have been approved by the Council of the commune is linked to urban.
Health measures taken by urban communes will be mandatory for suburban municipalities.
Article 190 if there are misunderstandings between urban and suburban municipalities on the measures to be taken pursuant to dispoziţiunilor above, they will be resolved by the local Committee of review, whose decision can be appealed within ten days in the central review Committee, which shall pronounce definitively within ten days from the time of referral to the Council.
The House of Commons Administration is îndatorite to execute measures under the penalties provided for by the laws and regulations.
For the application of the regulation Article 191, edilitate and the municipal police, the rural suburban communes may be associated with urban township as to set up and maintain a joint service of execuţiune and control.
Article 192 buildings and establishments in the territory covered by the town of suburban will be subject to the hygiene measures, edilitate and municipal police established by urban and suburban municipalities.
Title III chapter I County County territory Article 193 Territory counties is fixed by law.
The County encompasses all rural and urban communes aflătoare in its territory, except for the municipalities, which from the standpoint of not forming part of the administrative County, but constitute an administrative unit equal in rank with the County.
Article 194 counties, Districts and county names, residences and any modification thereof shall be established by law.
Only a special law will be able to set a new territorial division of counties, together with their names and places of residence.
Chapter II Administration of county administration bodies SECTION I Article 195 is entrusted to the County Administration of the County Council as deliberative and delegation of the County Council and its executive organ as President.
These bodies will administer the County's household with the help of County services and their staff.
SECTION II Composition of the County Council) County Council County Council Article 196 shall be selected in accordance with dispoziţiunile of the law.
Article 197 district elected councilors shall be established in proportion to the population, irrespective of gender, age or ethnic origin Canadian. In this calculation does not fall within the population of municipalities.
This number is 42 advisers in the counties who have a populaţiune more than 400,000 inhabitants.
36 seats in the biggest of 200,000 inhabitants, 30 in other counties.
Every 10 years the County Council will verify that population growth does not require a change in the number of District Councillors elected in accordance with the rules set out above. In this case the County Council vote will be subject to the approval of ministerial Director.
Article 198 Are members of law with deliberative vote: Mayor or city of residence of the Presidents of Chambers County, agriculture, industry and commerce.
With a consultative vote: head of finance, education, public health and social ocrotirilor, public works, agriculture and areas, with duties upon County and residing within the County; protoereii national churches have their headquarters in the city of residence of the County, as well as the highest degree of Minority Cult representatives with the largest number of believers in the territory of the district.
Article 199 of the law these members will be appointed by ministerial Director.
B) remainder of the term of Office of Councillors Article 200 and is elected for 5 years.
Councilors elected mandate becomes vacant through death, through demisiune, incompatibility and loss of eligibility through condiţiunilor.
In this case, skip to the vacancy will countenance your remaining candidates list as alternates if they are.
For members of the law, in the case of vacation, apply dispoziţiunile art. 81 C) in this law, the setting up of the County Council in article 201 If n were contestaţiuni upon the election, or if they were found groundless, the prefect shall convene the newly elected County Council, for the Constitution.
The constituting sitting is required the presence of half plus one of the total number of the members which compose the Council. This session chaired by e most of the Councillors.
Article 202 Council decides before all the cases of legal incapacity, nedemnitate and incompatibility.
Ascendants and descendants, brothers and affine same degree, and the third degree relatives may not be in the same time in the same Council. Dispoziţiunile art. 84, the last paragraphs, applies and District Councillors.
The Council is open against the discharges the appeal after study determined in the case of the establishment of the Council of municipalities, in accordance with the prescriptions of art. 87. Those declared in the presence of validated the prefect shall take an oath, the oath, the following coverage: "I swear allegiance to the King, and Constituţiunii obedience to the laws; I swear to defend and support the interests of the country. "
No member of the Council may not take part in the deliberations unless the oath.
Article 203 County Council convenes as if it was not convened by the prefect within 15 days of a complaint being made against rejection from the way of election or expiry where Dale is able to make complaints.
Article 204 After taking the oath and were validated after two thirds of the councilors, the Council shall elect its biuroul, for a period of one year, composed of a President and two vice presidents, two Secretaries and two Questors. Then choose the County Council delegation with a secret ballot and by an absolute majority of the members present.
In case that was not met this majority, a runoff takes place and are declared elected those who have achieved the most votes.
In the event of parity, will be declared elected at older.
Any choice of Chairman or Deputy Chairman shall forthwith notify the Director and prefect of local and ministerial of this Ministry of the Interior.
Article 205 of the Constitution the Council may establish from its bosom comisiuni permanent or ad hoc for special issues, as required by necessity but is obliged to choose a verification comisiune composed of 5 members, who will have the powers determined by the annual comisiunilor verification in the present law.
Article 206 Counselors who takes the oath to perform or who refuse to provide it, as well as those who after taking the oath are missing without reasons dela 3 consecutive meetings of the Council in the course of a year, will be declared demisionaţi by the vote of the Council respectively.
D) County Council Article 207 County Council meets in the capital of the County, on the premises of its own, in the regular session, 1 Noemvrie and 1 March of each year He meets law even though it has not been convened.
In the session on March 1 is chosen from the presence of the Chairman and the County Council's biuroul within a year.
Article 208 In extraordinary session of the County Council shall meet whenever it advertises this county interests, when convened by its President delegaţiunii County Council.
It is obliged to convene the County Council when the matter was referred to the third part of the members of the County Council.
Article 209 Convocation will includes necessarily the questions on which the Council will have to deliberate.
It must be published in the journal of the County ", with at least 15 days before the day fixed for the meeting, except in urgent cases who need to be shown in the Act of calling.
In addition to this, the President addressed more counselors and special încunoştiinţări to everyone.
Summonses, both published and individual, must contain the programme of works and subject matter of the call.
Article 210 a session of the Council extending the Ordinance may by the local ministerial Director, for a period of not more than one month.
Article 211 County Council holds one or more sessions a day.
Meetings are public. However, after the application of the Commissioner, the President of the Council, President of the delegation or of a third of the members present, the meeting can be declared secret.
For who can treat issues in secret session apply dispoziţiunile art. 100 relating to sittings of the secrets of the communal councils.
Article 212 Meetings are opened and closed by the President of the Council. They begin reading necessarily the minutes of the meeting last month that is approved by the Council in the case when no Adviser has no observaţiuni to do. The agreed minute signed by the Chairman and Secretary.
Each Advisor has the right to ask to be made in the minutes mention that he voted for or against a proposal adopted or rejected. The minutes of the Council meetings shall be kept in the order in which they were completed and published in the journal of the County "and no more than 10 days after the closing of the session from the rock. They are transcribed in a numbered register initialled by President and general Secretary of the County.
President of the County Council may order that the decisions taken in secret session and who shall be recorded in a special register kept under the same conditions as public meetings, register to be kept secret, as it believes that it is necessary for the best interests of the county or the State.
County Council will draw up a regulation for desbateri in its meetings.
Article 213 no matter cannot be brought to the discuţiunea Council if it is not covered by the order of the day, out unless the emergency was declared.
The emergency declared with two-thirds of the members present with motivation in the record indicating that the delay would învederat păgubi County or general interests of the State.
District Councillors are entitled to ask, and the Council may decide, by a majority, intervertirea agenda.
Article 214 of the Assembly President has the police.
He exercises by means of Quaestors was piquette guards and what should be available by the garrison.
To this end, the Chairman shall notify the time garrison.
In public meetings the Chairman may, after the call to order addressed to the public to order the removal of turburătorilor or their arrest, communicating about this as soon as the Public Ministry, which will decide in accordance with the law.
When keeping the sessions will be turburată any of the Board members, then the County Council, with an absolute majority of those present, will be able to pronounce the temporary exclusion of that counsel, without this exclusion may be longer than the duration of that session.
The police are obliged to execute the order of the President of the Council and provide, without delay, the person was sent to the judicial authority, dispoziţiunea, according to the law.
Article 215 Any meeting of the County Council, which would constitute ' and it takes out the time for which he was summoned in another place, and otherwise established by law, it is illegal.
Ministerial Director at the local or County prefect will take action as well gatherings to dispel immediately by bringing in the same time Prosecutor, who will find that is the case, will prosecute guilty if they have deliberated on matters who could, putting our order and the security of the State.
Counselors find such guilty can be punished under article. 511. Article 216 County Council can't keep sitting up front if there is at least an absolute majority of the members who comprise the Assembly and any resolution is not valid if it obtains an absolute majority of votes of the members present, except where the law has not only established a quorum or a majority greater than votes.
In the event of parity, the proposal is rejected, and in case of invalidity, is repeated in the next meeting.
If this meeting and to vote is also null, the proposal is rejected, he counts.
The budget vote is necessary two-thirds majority of votes.
Article 217 Councilors vote by roll call or by a show of hands.
Over the whole proposal or conclusion shall vote only by roll call.
In matters of the person, the vote is secret.
Article 218 members cannot speak, only after they asked him and he gave the President, who shall be obliged to grant it in the registration order of speakers.
Investigate how President at issue on the speaker that depart from the way she insult it counts any as a violation of the order.
In this case, the President's order to investigate how orator. Call to order did not pass in the minutes of the meeting, Council approval only.
The term of Office of the county counsel is not a salary. However, compensation advisors will receive a transportation and maintenance for each day of work or for specific special tasks with cari cari delegates were eluding him and from their usual ocupaţiunea.
Article 220 At meetings of the Board shall be entitled to attend, as a Government representative, the prefect or a delegate.
In all matters who is County prefect desbat, may require the word and gives the necessary explicaţiunile. He did not take part in the vote, but may ask to be referred to the opinion in the minutes of the meeting.
Article 221 whenever the Council would go into discuţiunea questions over limits competinţei unto him, or when his desbaterile State, putting our safety can the prefect may, on his own responsibility, declare the sitting closed and taking all the orders which would think necessary, reporting an emergency ministerial Director upon all the circumstances.
Article 222 At County Board meetings always take part and the general Secretary of the County, which tracks and records the walking desbaterilor typing the minutes of the meeting.
Article 223 County Council may establish committees of citizens, without distinction of sex, under the supervision of a counselor, to give the contest administraţiunii in matters relating to education, worship, health, social care, communication and agriculture.
E) Atribuţiunile County Council Article 224 County Councils have the initiative and decide in all matters of interest, in accordance with the present law and special laws.
Are considered to be of interest: County budget Voting administraţiunii County and contribuţiunii County asociaţiunii budget;
Administration of capital and wealth of the County;
Acquisition and disposal of real estate assets and the creation of special funds for the County's needs;
To determine taxes and fees required for the satisfaction of needs of the County, according to dispoziţiunile laws;
County management control;
Preparing reports on matters of the household, for asociaţiunii County Council County;
Building, buying and maintaining their own buildings for the county authorities and services dependencies, as well as the adjustment to this end to communal administrations;
Creation and maintenance of special şcoale, according to the law on the professional education, the schools of agriculture, crafts and household industry;
Helping rural communes for the creation and maintenance of the communal schools;
Combating the epidemic and contagious boalelor, as well as the prevention and control of animal diseases;
Helping rural communes for hiring the physician and midwife comunale;
The establishment and maintenance of dispensariilor and hospitals for the sick, to search homes for tuberculoşi and azilelor for the infirm, poor and children find;
Maintenance of the Hospice of alienaţilor in the County, the setting up of patronage and other measures against begging and vagrancy;
Measures to improve animal rassei, organizing service stations with rassă breeding;
The Organization of expoziţiuni and competitions and awarding of honorary degrees and prizes in kind or cash, to encourage individual and cooperative enterprises, of all kinds;
Establishment of local museums, machines and tools, agricultural and industrial products in relation to the needs of the County, or manufactured products in the times;
Construction and maintenance of county roads and planting vicinale, according to present laws;
Rural mail organizing, building and maintenance of telephone communications in the County according to law for post;
Stimulate the establishment and maintenance of trees helps pepinierilor fruitful trees and other planting of roads and land consolidation and coasts after the commune; corrective works, drainage, damming or for drainage;
Caring for the land or improvements in the County;
Stimulate the organisation of agronomic and Resorts services for seed selection, fields of expertise, services, agriculture and sericiculture, dryers for fruit and vegetables;
Popular credit organization, of Economics, of popular banks, as well as joint purchasing cooperatives, and local disposal;
Measures for labour, public works, organization of workshops, the poorhouses of night, scholarships, placement of biurourilor;
Biurourilor organization of legal consultation and notarial acts for people lacking means;
Caring for the implementation of the agrarian reform and the Organization of new villages for those who appropriated;
Initiative and the intervention of higher authorities before in all matters of local interest.
Article 225 establishes generally the County Council who in the field of private assets of the County, are to be rent, rent or exploit, according to laws and the General conditions prescribed for goods of the same nature of the State, as well as various works generally in the county who can be data in the enterprise.
Give consent to the necessary means for the satisfaction of needs of the County, shall retribuţiunile staff, whereas they are not determined by laws and regulations.
Autoriză bring before the courts of the County.
Within the sessions, authorization will deliver delegaţiunea County.
Respect of the creation and maintenance of roads linking with its neighboring counties.
In case of disagreement between the counties either on the work itself or of the tasks are handled by each County, the question of the review of the local Committee, with right of appeal to the Ministry of public works, acting, taking the reasoned opinion of higher technical Council.
Acting rank and downgrading and county roads, according to vicinale dispoziţiunilor law.
Acting on the contribuţiunilor County for County joint utilities associated contribuţiunilor the County for what ' would run about asociaţiuni.
Decides on the establishment and abolition of fairs, bâlciurilor or fairs from urban or rural municipalities, as well as the change in days who are taking in that regard to the opinion of the Ministry of industry and commerce, which previously will be asked their opinion and Chamber of Commerce. In special cases, which concern public order or health, ministerial Director may suspend trade fairs or bâlciurile with local Committee review.
Deliberates on all matters on which the established authorities or Government i would ask for the opinion.
Article 226 County Council appoints all senior officials administraţiunii County. For specialist officers will abide by the rules of their organic laws.
Article 227 Council may entrust to one or more of its members to gather at the spot for informaţiunile who would have need in its edge 2532/98.
It may correspond to the established authorities and with civil servants to acquire such informaţiuni.
If, after two requests recorded mail, any Flash forward ' administrative authority would be followed to give the required informaţiunile the Council may delegate one or more of its members to acquire them on the spot, at the expense of the so-called authorities, except in who s ' would prove that the delay stemmed not from its own fault.
County Council designates any of its members to carry out the duties which the finance laws, administrative, civil or military, shall be borne by the members of the District Councils.
In the case when a member of the delegation by the Council for one of these tasks will be prevented from any cause to fulfill its mission and the session of the Council will be closed, President delegaţiunii has the right to appoint any other of the members of the County Council, until the next meeting of the Council and, in the case of dissolvents, a member of the delegaţiunii, and if it will be disolvată and delegaţiunea prezidentul, interim Commission will appoint a member of the Commission and, if necessary even on a citizen of the most able to exercise its mandate.
Article 228 County Council prepares both regulations necessary for debates and his belongings, as well as for the operation of County services.
In order to ensure their execution, he can fully establish punishments up to 5,000 lei, whether such punishments are not determined by special laws.
Article 229 Regulations drawn up by the County Council may have the following questions: 1. The organisation of County services.
2. measures to guard against fire for deposits of inflammable materials and explosives; for rural and District Fire Department Organization and civic asociaţiunilor mandatory for firefighting.
3. Public Health measures for cleaning streets, squares, heleşteelor, canalurilor.
4. For maintenance of roads, bridges, river beds.
5. For the setting of charges, for the use of cars, coaches and other vehicles for cărăuşie.
6. sanitary Measures for housing, public establishments, inns, restaurants, taverns, shops, food abatorii.
7. For orânduiala fairs and fairs.
8. For vessels and ensuring accuracy of cotitul measures for grain, wood and other commodities.
9. caution measures against accidents that may arise from the use of agricultural machinery and others.
10. All other matters who, after the present law or other law, will be put into competinţa County administraţiunii.
County Council will ask the opinion of the administrative Commission and the County's regulations over who will be the subject of its deliberations.
Article 230 the County Council has the following tasks: 1. Gather all informaţiunile what i would ask County Council asociaţiunii or higher authorities.
2. To delegate one Member, each circle of recruiting to attend meetings of the Commission for recruitment and Council review.
3. To compile the list of citizens in the County, which may be filed in the Court of Assizes, sessions.
4. To give its opinion on the limits of the rural communes.
Article 231 County Councils, can express their wishes on all matters of local interest.
It is forbidden to make public or protestări, proclamaţiuni or political addresses.
SECTION III Delegation of County Council. County Council delegation may be created by Article 232, County Council elects from among its members, immediately after the establishment of biuroului, a delegation composed of four members and delegations from prezidentul which can be taken in and out of the County Council, as specified below.
Suddenly, with the holders and three alternates.
Dispoziţiunile art. 128 applies to the County delegation.
Article 233 of the delegation members ' term of office lasts how long and the Council mandate.
The Council has the right to revoace, driven by an absolute majority of votes of the members who compose it, the mandate of delegates.
The delegation members can resign or they may lose their mandate through incompatibility and condiţiunilor loss of eligibility. The Council shall decide in cases where these, by an absolute majority of votes.
Article 234 members of the delegation who are missing unmotivated for a month lose their delegation meetings end from its mandate as a result of the decision of the Council taken by a majority of votes.
The Council decision is counter to appeal within 15 days from the presence of local communication, the Review Committee, which shall decide on the appeal definitively.
In the case of article 235, the number of members of the delegation will be complemented by a new choice.
Alternates shall be designated on the members to call the President, until the new election.
If a substitute is chosen, his place will be filled by choosing a different alternate.
Alternates can be called by the President and in the case where the holder is missing from any cause from the way session.
In these cases shall receive rights alternates members.
Article 136 the delegation members will receive the same County as district advisors and indemnizări, having to receive in addition a token presence which is fixed annually by the Council, with the approval of the county guardianship authorities.
B. functioning of the County Council Article 237 of the EC delegation in the case of împiedecare, delegaţiunii, Chairman of the delegation meetings shall be chaired by one of the members of the delegation designated by the President.
Without the presence of the President or his substitute appointed by him, the deliberations of the delegation is not valid.
Article County 238 Delegaţiunea decides the extent of needs, the number of its meetings during the year and fixes the date of their keeping; must necessarily meet at least twice a month President delegaţiunii entitled to convene whenever need be.
Summonses shall be made by the President, ex officio, or after the request of two members of the delegation.
Article 239 Delegaţiunea cannot deliberate than being compared to the majority of users who compose it.
She cannot enter the agenda before approving the minutes of the last meeting.
No matter technical or specialist may not be the subject of a paper delegaţiunii the date without knowledge of the Chief of service in question, which if necessary take part in deliberations and delegaţiunii owe to give relaţiunile.
Article 240 of the prefect of the County shall be entitled to attend all meetings of the delegation, he will be încunoştiinţat about keeping the sessions with the convening of the members of the delegation.
Article 241 Decisions shall be taken by a majority of delegaţiunii of users who compose it and must be motivated; They shall be recorded in a special register initialled by President delegaţiunii.
Article 242 of the county governments are indebted to give President delegaţiunii all informaţiunile in the affairs that fall in its atribuţiunile.
C. Atribuţiunile County delegaţiunii County Council Delegation Article 243 replaces the County Council in the interval between sessions, decide in its place within the limits of the powers conferred on it by the Council and shall assist the President in the execution of judgments of the delegaţiunii County Council.
Article 244 Council may refer to the delegation the right to decide on the appointment, advancement, and licensing officials with higher academic titles, the vote on the budget, approving loans, Daffy Duck, acts, provision, transaction services concessions, territorial changes at the joint and the County, awarding honorary citizenship.
Article 245 Delegaţiunea is an advisory body to the President in all the stocks that fall in its responsibility and has the following: civil Delegation decide thing, of referral, licensing officials whose appointment is not reserved for County Council;
Oversees the administration of County services;
Supervises, controls and leads the administration of villages and communes in the County, except for the municipalities;
To pronounce upon the discharges and the village councils, assemblies and municipal councils as often as the law requires it;
Deliver its opinion requested by the competent authorities;
Acting upon all contestaţiunilor or calls that are given in competinţa them by law;
Take action to defend the interests of the County Court, before which the County may be represented by a member of the delegation;
Preparing for desbaterile County Council the draft budget of the county administration taking the opinion of the Commission, as well as all matters who will be subject to desbaterii.
The delegation, together with its President gerează Affairs of the County Council, from the expiry of the term thereof until its new Constitution.
Article 246, the prefect may attack on the established by law, decisions by the County's delegation, when they are taken with breaking the law or regulations, or where they are against the general interest, even if they find themselves running.
D. delegaţiunii President of the County Council and its President atribuţiunile 247 delegaţiunii County Article is elected County Council with the election of the delegation, by secret ballot, by a majority of votes of the members of the Council.
Entry into service of it can't be done without confirmation of ministerial Director to be submitted within 15 days from the way of communication of choice.
If none of the candidates ' met most ministerial Director will appoint as President of the County's delegaţiunii one of the three candidates who got the most votes.
In case when the ministerial Director finds that the chosen one or the three candidates have worked against the integrity of the State or the social order may appoint as President of the County Council members respectively.
Managerial decision the ministerial Director may be appealed to the appeals Review Committee.
Delegation Chairman shall choose a period of 5 years, having the right to be re-elected.
If the delegation Chairman shall be elected twice in a row and had worked for the entire duration of the 2 seats, after the end of his second term is entitled to be appointed to an equivalent function in the Central Administration of the Ministry, or to rule on pension rights in accordance with the law generally pensions for those with the maximum number of years served.
Article 248 President County delegation must be licensed in law to have at least 3 years of administrative or judicial practice, or 5 years of practice Attorney.
The Interior Ministry, after a proposal from the Director, ministerial on the implementation of the law, can give the dispensation of these conditions of admissibility.
Those elected by virtue of such exemption will have in the future a right won to run for the same posts or similar functions.
Article 249 delegation Chairman is the executive body of the Council and head of the administraţiunii district.
He directs the administration of the territory of the County, giving necessary directives for the operation of the various services and administrative authorities in the County.
Iscăleşte and provides the necessary official documents with the County seal and those issued in the name of the County.
Executes the orders of ministerial government, the Directorate, the county regulations, decisions of the County Council, as well as deciziunile delegaţiunii County Council, relating to the General Administration of the County.
Article 250 delegaţiunii, President of County represent the County.
He may, with the approval of the County Council and in the range of delegaţiunii sessions with punitive actions securities and real estate to do opoziţiuni, calls, appeals, reviews, contestaţiuni and any other documents, requests or actions.
Article 251 subscribers, delegaţiunii President after approval will be obtained as provided for by the present law, all acts and contracts concluded on behalf of the County He oversees County works in progress.
Authorised within the limit of the amounts entered in the budget.
Watches over charitable institutions set up, administered the County-controlled times, meeting all such countries which are based on County regulations, for the good of the public instituţiuni.
Article 252 delegation Chairman shall check the condition of the County's revenue and cheltuelilor, whenever you find your way and at least every quarter, bringing to the attention of the competent authorities neregulele what will be found.
Article 253 delegation Chairman, personally or through his delegates and especially through the pretori or by District inspectors, will oversee the administraţiunea villages and rural and urban communes in the County, in respect of acts relating to the special interests of the State and the commune, and continueth to fulfill the tasks they are required by law.
Is entrusted by the periodic inspecţiuni as village mayors and aldermen, notaries and Secretaries, Secretaries of the village communes, a number of villages and communes to check the status of their cassierii casselor in villages and townships of the County, as well as the existence of funds, dresând in the presence of Mayor respectively report recommending measures inspecţiune and straightening. Your copies of the minutes shall be notified to the prefect.
Exercising a right of oversight over how the administraţiune property of ospiciilor, hospitals and charitable and instruction, both those pending before County and those of villages and rural and urban areas of the municipalities.
Inspecting inland County and municipal vicinale to entrust their condition, taking measures to activate the work for the construction and maintenance of roads, bridges and other works of such nature, put the Bill in the House of Commons, County task and villages, according to these rules were established by the special law of roads.
Mayors of communes are required to give all the contest or its delegate to the Chairman of the delegation and to accompany him to the making of these inspecţiuni.
Article 254 With at least 5 days before the opening of each session of the County Council, Chairman of the delegation to send to the members of the program works with the Council to be in charge, and the opening of the regular session subject to County Council County under situaţiunea all the atribuţiunile eyes County Council.
This will be communicated through ministerial Director County prefect and will be published in "Monitorul County".
Article 255 shall report to the President of the County Council of the County delegation and the delegation of about administraţiunii about the General district administrative officials and aldermen about the wealth of the County and of the most important movements made in the administration.
He presides at the meetings of the delegation, the County Council, and gives it its all what you need may be necessary for its deliberations.
Article 256 delegation Chairman as Chief hierarchically: 1. Leads all county administration services.
2. Sets of circle district administrative officials.
3. Employ and dismiss the staff of the County.
Article 257 in case of absence, the Chairman of the delegation of one of the members of the County delegation, appointed by him.
SECTION IV and their personnel Services Article 258 Counties will have the following services: 1. Administrative and Statistical Service.
2. financial and accounting Service.
3. The technical service of roads and construcţiunilor.
4. Health Service and social ocrotirilor.
5. Veterinary Service and livestock.
6. the Education Service.
7. economic Service.
In addition to these services there is a biurou of who will perform for all services, recording, archival, consignments.
Counties through regulations of the Organization will be able to give each service desvoltare, in relation to the means of cari.
May not be introduced in the budget functions not provided for in the regulation.
Article 259 in the obligatory, each county will have a Secretary-General and a County account Executive; you will still be able to have optional solicitor and one to three district inspectors, after the Inquirer.
Article 260 of the County's Secretary-General and jurisconsultul are appointed by the County Council by secret ballot and by an absolute majority of votes.
To be called in the function of Secretary general of the candidate is required to have passed the examination of the capacity of a University, preferably in law and to be busy for 3 years at least the rank of Chief of service.
Article 261 of the Secretary general oversees all County services.
Secretary-General of the County is the County Council meetings, and Secretary of the delegation of the County Council.
He is aided in this as one of the Secretaries.
The Secretary-General will dispatch timely fosters the timing for Council meetings and delegation.
It prepares the work of the Council or submissive delegaţiunii passing them in the order of the day.
Take part in all meetings of the Board and delegaţiunii wrap reports ordered by law, subscribing for the Council together with the prezidentul and biuroului members present at the meeting, and of delegaţiunii together with the President and the members who took part in the deliberations; transcribe these reports in their respective registers, numbered, initialled, şnuruite and certificându them for Council RELIABILTY together with prezidentul or with the Chairman of the delegation.
He may delegate the signing correspondence and payment orders.
The Secretary-General shall notify and display according to the law, the decisions of the Council, as well as those of the delegaţiunii.
Keep and archive documents of the County and shall be obliged to inform the members of the Board and delegaţiunii what acts shall require, without however to be removed from Office.
He meets any of the civil law of his or her powers, by special laws or regulations, or any other assignments that would give was ' Council or delegaţiune within the limits of their 2532/98.
In the case of împiedecare he is replaced by most County Service Chief Valdez appointed by President delegaţiunii.
Article 262 district Officials are of two types: civil servants and administrative officials.
In the first category belong: County Secretary general, chiefs and subşefii services, district inspectors, as well as the heads of biurou, their impiegaţii and asimilaţii.
In the second category belong: health, veterinary personnel, technical, education, economic and jurisconsultul.
Article 263 Dispoziţiunile from part 9-a, section I and II of the present law, welcoming services and officials of the aldermen, applies to services and district officials.
Article 264 To exercise its Trusteeship 2532/98 and guidance, the County Council will be able to appoint more inspectors for the purposes of district, dividing it into several County circumscripţiuni.
In addition to the other conditions required candidates to administrative functions from the rock, County inspectors must be licensed in law or State scientist, based on studies and three years of actual service in public administration.
All candidates will have to be passed and the entrance exam.
Former Admins, or praetors subprefecţii will not need the exam if they meet the other conditions.
Article 265 district Officials will carry out specialist and atribuţiunile image through various laws were given in competinţa officials appointed by the central authority in the counties.
The current civil servants who find themselves performing these civil laws are based on existing will be able to confirm that district officials.
Article 266 special laws and regulations will determine the mode of operation, generally no special eligibility, recruitment, the atribuţiunile and their retribuţiunile.
Comisiunea SECTION V of Article 267 County each county will perform a comisiune composed of: administrative prefect as President; the Mayor of the commune, County; the first Prosecutor of the Tribunal or the Prosecutor in the town of Rector, municipality of residence times of worship, with the largest number of believers in the County, the Mayor of the County financial administrator, engineer, architect, the County's Chief Veterinarian, school inspector, agricultural Advisor, silvicultorul the highest degree in the County, the Commander of the Legion of gendarmes, local representative of the Ministry of industry and trade and the Ministry of Labour.
President delegaţiunii County is part of the permanent law of this comisiune. The Inspectors General of the various departments can always take part in the meetings of the Commission.
Comisiunea se prefect on its own initiative or at the request of delegaţiunii County, at the Prefecture, at least once every six months and always will think necessary.
Article 268 Atribuţiunile Commission are to coordinate the work of various administrative agencies in the County and to eliminate the difficulties that were ' would crop up each year in law enforcement.
Comisiunea of the County, to attune all administraţiunii branches will work out a general plan for the County, which will be communicated to both the County Council and ministerial Directorate.
To this end the heads of those services can communicate each sitting about administraţiunii in the forehead.
Comisiunea will take care of preventing and settling conflicts between the various administrative services and in the case when you miscarry naturally, the prefect solution report ministerial Directorate will notify the Ministry in question.
In the event of a conflict between any of the autonomous bodies and the Central delegation Chairman, obliged to report to the district, osebit prefect, ministerial Director.
SECTION VI of Article 269 County prefect of the prefect of the County is called by Royal Decree, ago the Interior Ministry proposal.
To be appointed, in addition to other conditions required of public servants, with the exception of the examination capacity, the applicant must have 30 years of age and possess bachelors.
Former Senators and deputies, who were elected in at least three legislatures, may be appointed prefects, without further calificaţie.
Article 270 Prefect may not occupy any other paid public service state, County or municipality, nor exercise any profession, no part as an administrator or a censor, the boards civil or commercial companies, cooperatives or popular banks within the County, or whose activity lies in that County.
Article 271 when the prefect place becomes vacant, the Ministry of Internal Affairs may entrust the leadership of the Prefecture, pending the appointment of holder, an inspector general.
Article 272 As delegate of the central authority, the prefect of County represent the Government and executive power and in connection with each Ministry through ministerial Directorate and by the ministerial services.
Article 273 Prefect, as the representative of the Government, controlling and overseeing all local administraţiunilor in the County, in which quality he can ask for the punishment of public servants.
Article 274 the prefect shall exercise the atribuţiunile what are referred to by laws and regulations; cares for the publication of laws and regulations will ensure that the application of General and them.
Article 275 the prefect is indebted to give his contest for bringing to fruition the County Council deciziunilor of the executors and the delegation of the County Council.
Article 276 Prefect is police chief in the County and its police powers, in accordance with the second subparagraph of article dispoziţiunile. 68 and 69 of the law on the general organization of the State police.
In this capacity he takes steps to prevent offences and cares for the maintenance of order and public safety.
He gives orders to all police and gendarmerie organs, which are obliged to execute without delay, in accordance with the law on police.
He may request the setting in motion of the armed force. In the event of rebellion, sediţiune, atrupamente, tumultuous opposition to the enforcement of laws or ordinances, or other unforeseen events, which would threaten public order, security of persons and properties. In this case, apart from the report, he shall inform the Directorate and the Ministry of Interior and Răsboi. Officers and commanders are being held but to meet as soon as the request in writing of the Commissioner, without waiting for other approvals.
Article 277 the prefect instituţiunile oversees all charitable and social welfare, who depend on the State, County or municipality.
He cannot take direct measures, but merely report to the authority or the Department depends on instituţiunea, shortcomings or irregularities noted, informing all at once and ministerial Director.
In case when these instituţiuni depend on the County, he will notify the President of the County delegation.
Article 278 Prefect, as the representative of the Government in his County, he is entitled to report observaţiunile departments concerned what would have made the functioning of the various public services.
He can point and improvement measures which would advertise the good of these services.
Article 279 final, the Prefect each year, the Ministry of the Interior, through the ministerial Director, a detailed report on the State of general financial, economic, cultural and administrative County and its municipalities in Vienna.
Article 280 For carrying out the tasks imposed upon him by this law, the President has the right to give orders in the edges of the laws and regulations of the General administraţiune.
Ordinances, before being published, will have to be communicated, through ministerial Director, Ministry of the Interior.
Ordinances relating to sanitary measures, veterinary, public works, agriculture, etc., will be given after consulting the heads of their respective services and countersigned by the will vi.
Article 281 the Interior Ministry may cancel Ordinances in their completeness or suppress them dispoziţiunile laws and regulations provide otherwise or the higher interests of the State. The nullity of the Ordinances shall have jurisdiction in any era.
Article 282 Ordinances do not become enforceable until they have been made known to the public through publication, display and when dispoziţiuni, and contain general individual notification made by the persons concerned in other cases.
Article 283 the prefect will have one or several administrative officials at dispoziţiunea sa, as will establish local ministerial Director, who will form the Cabinet of the Commissioner.
Their Atribuţiunile to be determined by regulation.
Article 284 the prefect shall submit the resignation of the Interior Ministry, and the application for leave, under the latter case supplied through a prime positions.
Except in cases referred to the prefect will correspond with the central Government only through ministerial Directorate.
The prefect can be replaced by the Ministry of the Interior, or when he thinks necessary.
SECTION VII Article called Pretură and praetors 285 Counties will be divided into several territorial constituencies called December 1960.
The head of the plăşilor will work under the orders of the prefect of the County, one of the Prime positions, as representative of the Dominion police officer administrative and supervisory and control body, in respect of the rural administration.
Praetors Prime will be appointed, on the basis of the report of the Directorate, Ministry of the Interior.
In their atribuţiunile will be assisted by one or more pretori.
Article 286 in addition to other conditions required for candidates to public functions, Prime praetors must be licensed in law and to have 3 years of service in the administration of the State, County or municipality.
Candidates will need to have passed the entrance exam.
Praetors would have to meet the same conditions, without however having 3 years of work experience in the administrative service.
Current operating at pretori promulgation, who were appointed in the rigid conditions of the law in force, can be called without a license degree in law, with condiţiunea should have at least 8 subclasses, or with the licence of science, or the notary examination, based on at least four classes.
Article 287 Villages and townships in the County will be allocated between the 15th century through the Ordinance of the Ministry of the Interior.
Article 288 Fore-praetor, as a body of the County, is charged with overseeing and controlling acts of administraţiune villages and rural communes.
In particular he is entrusted, through inspecţiuni made as often as villages and communes of place, how the village mayors and aldermen and aldermen, notaries Secretaries of village councils, fulfilling atribuţiunile what are the laws and regulations, as well as the status of cancelariilor. He revizueşte the status of communal houses and entrusted with keeping about regular scriptelor and dresând funds, along with the Mayor of the village, or the minutes of inspecţiuni.
He can take part in the meetings of the municipal councils and village councils with an advisory vote.
In the event of floods, famines, fires and other disasters, asking for urgent interventions, the praetor will take measures reported by circumstances, reporting the prefect.
In its inspecţiunile, the praetor will inquire into distinguish, moral and material condition of the rural populaţiunii, realizing smooth operation of laws and maintaining existing ones and respect because of the country's institutions.
He will examine the living conditions of the residents, if they are epidemic sicknesses, if hygiene and healthiness of the communes, and the roads are common in satisfactory conditions, and in the contrary case, what measures should be taken to redress catâ, and finally it will be of interest to all existing ones and information technologies informs the economic and Cultural Commons.
The minutes of these inspecţiuni will be trained in three copies, one of which will be written directly on the register of inspecţiuni, one of the copies will be forwarded to the President of the delegaţiunii County prefect.
Prime pretor must justify that inspected at least once during a quarter, each town in the pretoratul.
Prime the praetor will meet at the residence of plăşii, at least once per quarter, the dates to be fixed, all village mayors and aldermen, notaries, and on one delegate designated by each Municipal Council, from the net, along with the heads of the various public services, such as doctor, school inspector and conductor will be revolutions: veterinarian, or any other head of service will operate in the communes of plăşii to examine jointly, and to deliver on the most important issues concerning the interests of administrative, economic, moral and cultural values of plăşii.
This regular gathering, will operate as a tip of the plăşii, on which the praetor Prime will be obliged to consult it, both the States of things in the net and on the necessary action for the promotion and proper state of populaţiunii.
The result of these talks will be recommended to their respective local governments.
Article 289 Prime pretor in current prefect and the President of the County delegation, through monthly reports about the status of the populaţiunii of pretorat.
He is obliged to give all his competition for the execution of the deciziunilor County Council of the County, delegaţiunii, and information technologies informs any misconduct or irregularity would inspecţiunile finds.
He is obliged to continue to comply with the measures prescribed by the President straightening delegaţiunii County or delegaţiunea County, the rural municipalities of inspecţiunile made.
One month before the meeting of the County Council in regular session, he will report about pretoratului needs and improvements that were ' could insert; and in January of each year, will make a detailed report about the condition of pretoratului during the year expired.
Article 290 Prime praetors are the police chiefs from their place of judicial police and auxiliary officers.
They exercise those civil law general rule police.
The prefect may delegate part of its atribuţiunile, but not on a permanent basis.
Decisions and measures adopted by the pretori, unless a special term is set by law, it can attack after the rules of law and the generally, within ten days after the communication or publication. dela
Article 291 In each, in addition to pretorat, will be able to work, after a Secretary takes a salary, by the State, as well as a veterinarian with the County of plăşii.
Veterinarian mesh will be obliged to submit reports to the County veterinarian needs its plăşii, according to informaţiunilor what you will reap or you will be brought to their attention by Prime positions. The veterinarian will run mesh dispoziţiunile County veterinarian.
Title IV, Chapter 1 of the Ministerial Directorates local Dispoziţiuni article 292 is set up administrative centres and 7 inspection, called the Ministerial directorates in the following residences: 1. ...
5. High school.
6. Of Iasi.
Chapter II SECTION I composition and composition Article 293 local Ministerial directorates Limits placed in the centres referred to in the previous article, as well as their modifications, shall be made by law.
Article 294 Each local ministerial Directorate consists of: 1. the Director of the local ministerial;
2. Ministry of local chiefs, set up in the centres in question, in accordance with the law on the Organization of the ministries.
Article 295 of the local Ministerial Services are the executive bodies of the Government.
They are subordinate to the Director of the local ministerial, which is in direct relationship with the respective ministries.
The recruitment and appointment of personnel of these services is made by the respective ministries, according to prescripţiunile laws.
Article 296 local ministerial Director shall convene the members of the respective Directorate whenever it thinks is necessary and obligatory, at least twice a year, before the General asociaţiunilor County Councils sessions.
SECTION II Article 297 local ministerial Director Director of the local ministerial appointed Council of Ministers, by Royal Decree.
Local ministerial Director must have a title; It is equal in rank with an Undersecretary of State. He has a helper, and replaces the missing, called in the same manner and with the same conditions, and has the rank of Secretary general of the Ministry.
Article 298 ministerial Director is representative of the entire Government.
He is the head of the hierarchy would all services immediately from ministerial Directorate.
He has his orders all the constables counties who are part of the Directorate and is Chief of police in these counties.
He has the right to ask for armed force guard competition order and public demands.
He has in his rendering, the same rights and duties as prefect in the respective County.
Article 299 Ministry Directors together with the local chiefs of the ministries from the respective Directorates have supervision and control over all local administraţiuni in their rendering.
They can refer the matter to the times when the competent authorities to ask for the annulment of illegal acts and to call to account those responsible.
Title V chapter I General Associations of County General Dispoziţiuni Article 300 counties of rendering a directorship can group in a general asociaţiune for a limited period, in order to execute, to build or to întreţie or instituţiuni works for use on health, economic, cultural or public works and to any other act, creating or exploiting services or institutions who come into atribuţiunile and competinţa counties.
Article 301 Counties take these decisions through the vote of the county councils concerned.
In the case when the majority of counties, from rendering the same directorship or associated, other counties will be forced to join them.
The present law establishes under Title VIII (General and transitional dispoziţiuni) will follow the procedure for the formation of the General asociaţiunilor at its implementation.
Article 302 Asociaţiunile County General once formed, their composition cannot be modified except by law.
Article 303 of the First County Council General asociaţiunii will be drawn up within the framework of the law, the articles of association that will include the way of management of Association, providing for administrative organs in detail their composition, rules of formation and operation and atribuţiunile of those organs.
Incorporation will be subject to approval by the Council of Ministers and published in the Official Gazette.
For any amendment to the articles of incorporation requires a vote of the General Council of asociaţiunii, taken by a majority of two thirds of votes, supported by most counties and approved by legislators.
Chapter II administration of article 304 asociaţiunilor County asociaţiunilor County General Administration, formed in accordance with dispoziţiunile of the foregoing articles, shall, by virtue of the law and their constituent Act, the associated counties, as far as their common interests.
County associations are legal persons.
Administrative bodies of the County are: asociaţiunilor General asociaţiunii Council delegaţiunii asociaţiunii, President of the Council, and the Council of asociaţiunii.
SECTION I General asociaţiunilor County Council. The composition and mandate of his Article 305 asociaţiunii General Council of County consists of: Advisors elected county councils and municipal councils are associated with namely: 6 of 42 counties with counselors;
5 of 36 counties with counselors;
4 of 30 counties Councillors;
4 in the municipality of residence of the Directorate;
2 of the other municipalities.
Article 306 representatives of counties in the General Council asociaţiunii are elected by secret ballot and by an absolute majority of votes, by county councils, their members or of the residents of the counties who have membership in any town in the County and are enrolled in the electoral district.
Representatives of municipalities are elected by secret ballot by an absolute majority of the votes of the municipal councils, their members or of members of municipalities who are enrolled in the electoral lists.
Article 307 will be part of asociaţiunii County Councils with deliberative vote: Chiefs of the local ministerial), one each from the presence service;
b) a representative of the University or higher educational Institute in the region Directorate.
Local Ministerial chiefs will be appointed by the Ministry to which they belong.
The representative of the University, or in their absence, the highest Institute, will be the Rector or Director of this instituţiuni.
Article 308 asociaţiunii County Council for a term of five years is the General.
B. the establishment and functioning of the General Council of County asociaţiunii Article 309 in its first meeting after the election, the Council is chaired by the President of the asociaţiunii County Council of the County of residence of the Directorate.
In this session, the Council shall elect from among its members by secret ballot and by an absolute majority of votes, his biuroul, composed of a President, two vice presidents and a Secretary.
Article 310 asociaţiunii Board meets in ordinary session twice a year, at 1 Fevruarie and 1 Octomvrie at the headquarters of the Directorate.
It can be convened extraordinarily by President delegaţiunii, asociaţiunii whenever trebuinţa will be required.
Delegation Chairman shall be obliged to convene the Council, after inviting the Director of the local ministerial vote, after delegaţiunii the Association or at the request of one-third of the members of the Association.
Article 311 local Ministry Directors may attend all meetings of the General Councils of the County associations and their delegations and listen whenever they want.
They may delegate to those sitting on their General Secretaries or any of the heads of the local ministerial services.
They can makes general proposals asociaţiunii County will find that they are in the interests of good administraţiuni; the councils concerned shall take them in desbateri.
Article 312 asociaţiunii County Council cannot deliberate upon any political issues affecting the country's overall safety and national defense.
In case of deviation from the way these dispoziţiuni, ministerial Director has the right to suspend work, taking the measures provided for by law.
Meetings of the Board, after its opening session, if it is not extended, are kept on a daily basis and can't be interrupted than on Sundays and holidays.
Asociaţiunii Board members are not remunerated for their prestaţiunile, are yet to make any charge for the costs of road maintenance.
C. Atribuţiunile asociaţiunii General Council of County Council Article 314 asociaţiunii does fall upon all matters referred to in article 1. 224 relative to the jurisdiction of the counties as they relate to their common interests, and particularly in this competence comes into work and for enterprises who administraţiunilor means the County would not be sufficient, or who by their nature require a uniform or coordinated action.
Article 315 as a result, the Council has in its fall: helps the establishment of şcoale with a higher professional and cultural nature, laboratories for studies and applied science as well as lecturing to professional artistic education vulgariza knowledge and technology and to improve industrial and commercial farming methods, which may be granted for this purpose subvenţiuni the existing ones, which would establish ' by other authorities , asociaţiuni, corporations and private individuals or instituţiuni;
Awarding scholarships to pupils and students from vocational education and meritoşi;
Organizing information for biurouri economic needs of farmers and industrialists, as well as museums and warehouses, machine tools and agricultural and industrial products in relation to local needs, or manufactured products under the responsibility of the times;
The Foundation works to support or subsidies, especially for tuberculoşi, the blind and the deaf and dumb;
Organize transport enterprises, establishment of automobile racing, tramvay lines;
The establishment and maintenance of the bridges that cross over the waters of the associated counties;
Caring means exploitation of hydraulic forces and transmission of electricity;
Construction or operation of the redemption and the railway of local interest;
The creation and improvement of canalurilor and ports, as well as reservoirs, of irigaţiunilor, in respect of seaworthiness of rivers and other water courses, according to the general laws and regulations;
Mutual insurance organization of fortunes and movable property for instances of fire, ensuring the domestic animals against animal diseases, the plantations, anti-hail and life insurance.
Organization of hospitals and nursing homes, psychiatric establishments as special, the leper hospital, x-ray, resorts of bacteriology, vaccination.
Article 316 Atribuţiunile asociaţiunii County Council as deliberative, are: 1. Selection and appointment of officials in asociaţiunii services;
2. Elaboration of rules and instructions for execuţiune;
3. Vote on the budget;
4. Breakdown between the counties of contribuţiunilor required for asociaţiunii administration;
5. management of capital and wealth who form the asociaţiunii heritage;
6. Representation of interests in court and appointment of agents asociaţiunii;
7. Conclusion of loans on behalf of the associated counties for County asociaţiunii;
8. control of documents and reports to executive bodies, putting on trial those s ' found guilty of malversaţiuni or inaccuracies;
9. The initiative and intervention from higher authorities for all matters concerning the interests of their clients.
SECTION II General Delegation Council of asociaţiunii County. its Composition. The mandate of Article 317 asociaţiunii General Council of County Delegation, composed of members elected by the Council, one for each of the associated counties of their representatives, plus a representative of the Council of the municipality of residence of the Directorate.
The election shall take place by secret ballot by an absolute majority of votes.
Article 318 delegaţiunii Mandate the mandate of the members takes as asociaţiunii.
You can revoke the mandate by the Council in the same manner as the Mandate given is lost and in generally referred to in art. 200. The functioning of the General Council asociaţiunii County delegation Article 319 Council asociaţiunii County Delegation, will operate according to the articles of incorporation of the Association dispoziţiunilor in question.
Proper Treatment of article 320 delegaţiunii, President of the Council is about to be asociaţiunii prior to his election, throughout its course.
Article 321 Delegation, in addition to its regular meetings, keep hearing whenever required ministerial directory.
The delegation may attend meetings with a consultative vote, Director of the local ministerial, ministerial and local chiefs.
Article 322 one month before the meeting of the Council of asociaţiunii, the regular meeting, the Presidents delegaţiunilor County mayors from municipalities in situations and Directorate, addressed to both the Director of the local ministerial, and delegaţiunii asociaţiunii, President of the Council a detailed report on the works or improvements in what I propose.
Reports to the President of delegaţiunii asociaţiunii, will be subject to the Council's deliberations, which asociaţiunii, taking into account the comparative situation of counties, will make recommendations in order to better administration.
Title VI Tutelage and control local Organs chapter I administraţiunilor Article 323 of the administrative bodies of the Trustees, are: 1. The delegation of the Council of the rural commune, consisting of several villages and the Mayor, who shall, under the supervision of delegaţiunii sub-county, administrative guardianship over villages in the commune;
2. Delegation of the County Council, with its President, exercising guardianship over the urban communes in the County, the rural communes and villages, in respect of the latter, both through the mediation of delegaţiunii Parish Council respectively and live in rigid conditions prescribed by the present law;
3. Local committees for review, who shall exercise guardianship upon the counties and municipalities, in the first instance and the second instance, on administraţiunilor, in generally established by this law;
4. the central review Committee, which is the Court of appeal, in respect of the exercise of guardianship by local review committees, the counties and municipalities;
5. The Ministry of Interior and the Council of Ministers, in the cases and generally laid down by the law.
Article 324 the control and inspection authorities on protection from the previous article, who have the right of inspection and control over administraţiunilor made their tutelage, are: 1. The prefect of the County, which has the task to supervise and control all the autonomous county administraţiunile; He has the auxiliary, as regards monitoring and control of administraţiunilor rural villages and communes and towns nereşedinţă, Prime praetors from respective called pretură;
2. the Director shall be entitled ministerial control and inspection over all administraţiunilor from the resort to the Directorate;
3. Ministry of the Interior, who has the right of control and supervision over the local administraţiunilor autonomy across the country.
Chapter II central Committee and local committees review Article 325 Shall establish a central Committee for review in Bucharest and local review committees; one in each residence of local directorship, as courts of review and reform of laws and autonomous local and deliberaţiunilor as a body of control and inspection on these administraţiuni.
Article 326 of the Review Committee is composed of a Chairman and 10 members, namely: 3 are magistrates, which must meet rigid conditions required by law for counselors High Court of Cassation and will be appointed by Royal Decree, on the basis of the report of the Ministry of Justice after the procedure and in conformity with the rules laid down by the law, for the appointment of advisers to the High Court of Cassation.
These members of the central review Committee, remain in the frames of the judiciary and retains the rank and all the rights the Court of Cassation councilors.
Other members of central Committee of revision, are appointed by Royal Decree, on the basis of log-the Council of Ministers, after a list of prezentaţiune of a comisiune consisting of: President of the Senate, the President of the Assembly of Deputies, first President of the High Court of Cassation, President of section of this Court, in degree, more President Valdez central Committee review, the President of the Legislative Council, the President of the High Court of Auditors two former Presidents of the Council of Ministers may in Ministry degree, two local executives older than in degree, two Presidents of delegaţiunilor asociaţiunilor County, the oldest in general grade.
Article 327 prezentaţiune lists for the central Committee of review, made up of comisiunea above, will comprise a number of candidates, bent for each place. These lists shall be published in the Official Gazette, at least 15 days before the appointment.
May be appointed members of the central review Committee: Former Ministers and State subsecretarii, former and current advisers to the Court of Cassation and appeal;
Former and current members of the Legislative Council;
Former and current members of the Court of Auditors;
Former members of the Administrative Council;
Former and current Presidents and Presidents receive from the courts, which have the necessary stage for the submission to the Court of appeal;
The former executives, who were local Ministry for at least three years of service in this service;
Members of local committees review, with an internship in this function for at least five years;
Former and current teachers of universities as the country's police ai;
Former and current officials of the different branches of the public administraţiune in a rank at least equally with the Directors General within the Ministry or subdirs with an internship of at least ten years of service and with the academic title.
Article 328 central review Committee shall be appointed by Royal Decree, members of the Judiciary Committee, on the basis of log-the Council of Ministers.
Failing that, the President is replaced by one of the other magistrates, after seniority in grade.
Article 329 for his work, the central Committee's review will be split into two sections of five members, each section being chaired by one of the two magistrates.
The Chairman of the central Committee of revised may participate in the meetings of any section in this case, he shall preside.
Article 330 local Review Committees are composed of a Chairperson and six members. The President and two of the members are magistrates who must meet rigid conditions required by law for courts of appeal advisors, appointed members of the Committee by the Ministry of Justice after the procedure and in conformity with the rules laid down by law for appointment of courts of appeal.
These members of local committees review, remain in the frames of the judiciary and retains the rank and all the rights the Court advisers.
Of the other members of the local Committee of review: one is appointed by the Ministry of the Interior, with the opinion of the Committee of review;
One is appointed by the Ministry of finance, with the opinion of the Court of Auditors;
One is appointed by the Ministry of public works, with superior technical opinion.
One is the representative designated by the local administraţiunii vote of the delegations from the district Directorate respectively.
Candidates for these appointments must possess a University and take an internship of at least ten years as a superior officer, with the rank of director of Ministry.
Administraţiunilor local representative, designated by the members of the County delegation, should have only the title of Professor.
If administraţiunilor is assigned to the local representative in the person of one of the Councillors who are in operation, it cannot exercise its mandate, as long as it is part of the local Committee for review.
His term of Office shall terminate simultaneously with the mandate of the last County delegaţiuni who appointed him.
Article 331 local Review Committee shall be appointed by Royal Decree, members of the judiciary, based on log-the Council of Ministers.
Failing that, the President is replaced by one of the other older magistrates in degree.
Article 332 For their work, local committees will be divided into two sections of three members, each section being chaired by one of the two magistrates.
The Chairman of the Committee may participate in the meetings of any section, in which case a presidează.
Article 333 central Committee Members and local committees for revision shall be irremovable.
Members of the central Committee of the review are subject to the same disciplinary authority and under the same conditions as the High Court of Cassation councilors, and members of local committees review the same disciplinary authority and under the same conditions as courts of appeal and Councillors, particularly that against both of the disciplinary authority will be notified and the Interior Ministry.
Article 334 of the central review Committee and local committees of review shall act upon all matters within the competence of their data by the law and other laws.
They can cancel or reform in the very top of this law, any year, or any act of autonomous administrative authorities, contrary to the law, as well as the competent authorities may order the duties prescribed by the law, or refraining from any action that would be contrary to the law and they may require to give managerial decision, or possibly to give themselves the very managerial decision required by law.
Article 335 whenever central review committee or a local Committee of review must resolve an important matter of principle, to be held after the President's initiative or after the opinion of the section in which this matter has been made during the discussions, the plenary session of the Committee.
The Chairman of the central Committee of the review and the review committees Chairmen be distributed among various issues subject to sections in the order of discussions of their registration.
Article 336 dispoziţiunile apart from the law, otherwise the Committee decides upon local discussions on revising the various Councils of local autonomy, within the limits of its competinţei, as the first instance, with the call to the central review Committee, and the central review Committee judge, or the Court of appeal as regards the decisions referred to above, or in the sphere of competinţei what is composed of this law and, as a last resort.
Article 337 as the Court's control over local administraţiunilor autonomous, central Committee and local committees of review could take, or order any inspecţiuni and surveys that were ' would find it necessary to resolve the issues subject to their deliberations, both on its own initiative, and after the request of the administrative authorities or stakeholders.
In order to do this, the central Committee and local committees of review will be able to give you a special delegaţiune members or entrust the creation inspecţiunilor and guardianship bodies surveys, surveillance and control, noted in articles 323 and 324 after their competinţa and they will be required to perform any duties.
Irregularities found with opportunity of these inspecţiuni will be communicated to the Presidents of the local or central committees, ministerial Director, respectively, for the local application of sanctions.
Chapter III Exercise guardianship and control Article 338 of the deliberations of the assemblies and village councils, communal, municipal and County, are enforceable through themselves, except those who act requires the approval of a higher authority.
Enforceable, even if deliberations n ' have been suspended or cancelled by the competent authority, may be put in the paper, however, until after the expiry of ten days from the presence of their date.
When the respective Councils, through their decisions taken by a two-thirds majority, finds that local interests ' would jeopardize any delay, proceedings of enforcement can be put in the work before ten days.
The decisions by communal councils, delegaţiunilor village and County concerning the acts of daily management, shall be enforceable immediately.
Article 339 an addictive records who finds decisions of the village councils and assemblies, communal, municipal and County, shall be communicated within four days after their date, law enforcement agencies, which from the guardianship authorities, as well as those of inspection and control in whose sphere of competinţă enters.
These reports will be posted at the door of the City Hall, at the door of the premises, or administrative district directorates, after administration it has completed.
If the decision concerns an individual interest, it will have to be notified to the party concerned, under or through making concluding report.
Article 340 village Councillors, aldermen, and the municipal district are shut down: a) to take part in discussions in who they and their relatives or allies up to the fourth degree inclusive have a direct or indirect interest;
b) to perform any service or service paid for by the administration of which the Council is situated;
c) to intervene as advocaţi or as instructed by the business processes started in the counter of the same administration;
(d)) to take part in examining accounts a deliberative vote any administraţiuni (municipality, County or outbuildings administraţiuni them), who would do or should have done, and to research any act of its administraţiunii.
I can, however, be called upon to give explicaţiuni if the Council reckons it necessary.
Deliberaţiunile against dispoziţiunilor under points a and d of this article are anulabile.
Article 341 are null and void the decisions by the assemblies and village councils, communal, municipal and County, as well as of their delegations: a) Taken over foreign objects from falling over, or out of their meetings the Legation;
b) contrary to the laws and regulations of public administration;
c) Those strides through ' would be approved directly or indirectly any undertaking, accessories or any of the members of the concession;
d) Those who order and safety are opposites.
Nullity may be required by law and rule of any era.
Nullity provided for under point c concerns village assemblies.
Article 342 Nullity and cancellation can be requested by the supervisory bodies as well as by any interested person.
The request may be filed at City Hall, the County chairmanship of delegaţiunilor or addressed directly to the competent court, letting it in writing and the authority whose decision is under appeal.
Article 343 Nullity and annulment is pronounced ex officio or following a request by stakeholders: of delegaţiunea) by the County Council in what concerns the decisions of councils and village assemblies and municipal councils, out of municipalities;
b) by local committees of review with regard to cities and counties.
Cancellation must be requested within 10 days of deliberations, which from the communication.
The Interior Ministry, however, has a term of 20 days.
Those authorities shall take a decision within 30 days of receipt of cancellation from the rock.
In v. deciziunilor County delegaţiunilor interested parties have the right to appeal to the local Review Committee.
These calls will be judged.
The procedure for cancellation does not preclude, so third parties and authorities, the right to exploit the common law damages and contentious exercise in action.
Article 344 Prefect, Director of the local ministerial and the Interior Ministry have the right to suspend the execution of the proceedings from their responsibility of Councils, even when I'm running, if you fall within the cases.
Proceedings of the anulabile, if they were put into force before the expiry of the time limits laid down by law, it may also suspend the authority of the competent superior.
Article 345 are subject to approval, always, or only in some cases, the rules set out under chapters II and III of title VII with respect to the goods, works, undertakings and the finances of villages, communes, municipalities and counties: a) communal Regulations, municipal and County;
Sub-loans Records and b);
c) documents relating to the heritage of the village dispoziţiune, village, municipality and district, such as: sales, purchases, exchanges, mortgages, real estate and the demarcation of dividing joint property without the intervention of the judiciary, donaţiunile and bequests;
d includes lease and rental on) a term longer than three years who belong to the goods of villages, communes, municipalities and counties;
e) Transactions and compromises the fortunes of movable and immovable property, waivers and recognitions also toll;
f) Works, undertakings and supplies when committed expenses over one year budgetary provisions;
g) With the same procedure the budgets will be subject to verification.
Article 346 Authorities entitled to rule on the proceedings of meetings of councils and village councils, municipal, County, and municipal approval, except in cases when the present law or special laws shall prescribe otherwise, the bodies are covered: protection art. 323, each in the respective resort.
Delegaţiunea Parish Council, when he refused to approve an Assembly deliberaţiune or village Council in the commune, is obligated to communicate its reasoned decision delegaţiunii County acting.
If the authority called upon to give its approval finds that an deliberaţiune may be amended, or a Council observaţiunile restitue and defer delivery of another pending deliberations.
Delegaţiunea Municipal Council, delegaţiunea County local Committee review, the Review Committee or the Ministry of the Interior, subject to their approval for deliberations, with execepţiunea budgets, are being held to decide within 15 days after receipt of the decision, which from the outside only if, in order to be able to decide in full knowledge of the facts, it would take informaţiuni or research when the pronunciation may be delayed for a further 45 days at most.
In any event, if the above mentioned authorities not managerial decision in a period not exceeding two months, judgement shall be considered approved, without thereby prevent it may be declared null and void when they would fall under art. 341. The decisions of the tutelary authorities on this matter may be appealed by the parties concerned with the appeal and appeal to the courts and in generally referred to in art. 343 relative to nulităţi and cancellations.
Article 347 of the Interior Ministry, the General Administration for inspectors across the country, the Director of the local ministerial in his resort, the prefects of the counties judets and municipalities concerned, receive-praetors and rural communes, mayors within the limits of their control over 2532/98 administraţiunii property and communal village funds, management, municipal, County and asociaţiunilor County and over their bodies, so that they do not exceed the competence , not to depart from the rock dispoziţiunile laws and regulations or jeopardize the interests of the State.
Right of control shall be exercised according to the law, special laws and their implementing regulations.
Article 348 Interior Ministry may suspend or postpone a session started councils of municipalities, county councils or county or asociaţiunilor their meetings, ordinary extraordinary times or after request of the Director of the local ministerial, either ex officio, if the public order or the interests of the State are asking for it.
Same as the ministerial Director in respect of the village councils, urban or rural.
In all cases, suspension or postponement cannot be submitted for more than a month.
Article 349 of the Interior Ministry, Ministry of local directors, constables and Prime the praetors of his rendering, can I request the intervention of the public force and scatter any unlawful assembly to asociaţiunilor County, municipal councils, County, municipal and village councils.
They're going toward a report about what took place, and it shall submit to the Ministry of public order to submit to the judgment of the respective Councils members, according to art. 511. Article 350 If a village Assembly, a communal village Council, municipal, County or asociaţiunii County refuses to execute a bond required by law, their tutelary authorities, within their competence, in accordance with art. 323 may, with the assent of local Committee or central Committee review, to take measures for execution on behalf of that authority of that bond.
Article 351 Village Councils, communal, municipal, County and County of asociaţiunilor cannot be disolvate only in the following three cases: a) When, after three consecutive caps for their respective advisors were not gathered in the number required by law for the validity of the proceedings, after the fine was applied in conformity with art. 91, para. III;
(b) when the number of elected members) was reduced to a legal reasons and did not complete ' could alternate Councillors;
c) Council, coming out of his atribuţiunile, took the political ruling body constituted or did in acts against the safety of the State.
Isolated acts of individual members of the councils or even having that character, does not result in dissolvents.
But if these acts were committed by the respective Council delegation, without the complicity of members of this Council, will be delegaţiuni you want to cancel and they will lose, and the term of Office of the Councillors, the decision given by the authority, pursuant to the procedure provided for in the very top and disolvări.
The same measure will be applied eventually village mayors and aldermen and County Presidents delegaţiunii and General asociaţiunii County, as well as advisers who individually, could be guilty of serious misconduct, which from the debt.
In the case provided for in paragraph 1. c, the Director of the local ministerial to asociaţiunile County, counties and municipalities and prefect for other municipalities and villages, reporting as soon as the Ministry of the Interior, may take such action as city councils no longer meet up what will decide on dissolution.
In this case, however, the competent authority is obliged to rule over disolvării not later than ten days from the way they were when they communicated the facts that caused the suspension.
When the village Assembly, coming out of his atribuţiunile, took decisions in the political body set up, or did the acts against the safety of the State, the County delegation suspends operation of the village Assembly, calling it an interim administration or comisiune village communal Council entrusts respectively.
The suspension is made over a certain period, which in any case may not exceed one year, but those interested can attack the County delegation's decision on remedies set out in this law.
Disolvarea article 352 shall be required for the asociaţiunii sub-county, county councils and municipal order, ministerial Director, before the local central Committee review and President of the County delegation for the other local councils before the Review Committee.
Disolvarea may be requested for reasons indicated and the Interior Ministry said authorities have not asked for it.
Article 353 local Committee or central Committee gives the appellate review of the application for revocation, dissolvents times can undertake and direct any inquiry would he sees fit.
In any event, the Court has been called upon to rule upon the dissolution is obligated to listen to, before making the decision, Council representatives, whose will is required and dissolvents makes mention of this in the managerial decision dissolvents.
Those defendants, if fails to appear personally, can send memories of supporting.
The fact that the members of the Council whose dissolvents and diluents are asked not to appear at the call nor presents defence, drives cannot keep in place the procedure for pursuing that course dissolvents.
Article 354 Decrees dissolvents, deciziunile, and reports what accompanying them will be published in Official Gazettes or respective Monitors.
Dissolvents acts will show the date of the call for election nouile voters who will be fixed no later than two months after final disolvarea remaining.
Article 355 where disolvarea occurs because Board members were not gathered in numbers, after three consecutive convocation, or because the number of Councillors was reduced by half, disolvarea Council does it entail and disolvarea delegaţiunii, but in the case referred to under subparagraph (c), art. 351 with the disolvarea Council disolvat and is delegaţiunea and its President revoked or, possibly, the Mayor and his ajutorii.
Where was disolvat only Council, the interests entrusted to it will be managed by the delegaţiunea in question together with its President in interim comisiunilor, 2532/98 limits and if it was disolvată, the Director of the local ministerial, in respect of the administration of asociaţiunii sub-county, will appoint an interim comisiune, composed of representatives of the counties, one of each. For counties and municipalities, the Director will appoint a ministerial interim comisiune of five members, and for other common County delegation will call a comisiune of three members out of comisiunea residence in cities who will be interim of five members.
If only delegaţiunea was disolvată the Council shall be convened not later than 15 days, to proceed to the election of another delegaţiuni.
Article 357 comisiunilor interim Powers are limited to the laws of administraţiune; they cannot vote for budgets, nor commit the finances than in developing budget limits; I cannot approve the settlement nor make personnel appointments.
If the budget is not voted, comisiunile interim budget previous year apply.
In the case of article 358 of a Council, dissolvents and diluents for the reason specified in article 4. 351, (c), the Ministry of Interior as all the bodies and control authorities have the right to appeal to the Prosecutor's Office to open public action against advisors what ' would find the culprits.
Chapter IV Right of oversight and control. Procedure for review and reform deliberaţiunilor administraţiunilor councils of local autonomy and assets against their Bodies referred to in Article 359 art. 324 entitled monitoring and control within their competence, the administraţiunilor of local autonomy. These bodies may draw ever taking heed of the councils and their respective delegations on the neregulelor and negligence is established, asking them at, and in case of neurmare to appeal to the local Committee or central Committee review, after their competence.
In particular, Minister of Internal Affairs, personnel and general administrative, by inspectors for autonomous administraţiunile across the country; the Director of the local ministerial, both personally as well as their respective Prime praetors can inspect and investigate the stocks and all regulations of the autonomous authorities and possibly address the local Committee or central Committee review.
The same rights will have local committees for review, as well as delegaţiunea County Council and its President-either directly or through their inspection bodies or by the mayors of the municipalities of praetors and Prime-autonomous authorities from their responsibility of guardianship bodies.
Where the inspection or research will find abuses and violation of law who fall into the provisions of the criminal code, referral to the Committee and the central Committee will not review an effort and public action against the opening.
Article 360 local committees and the central review Committee shall pronounce within their competinţă, as the Court of appeal and review, according to dispoziţiunile law, in all cases when the law requires the approval of higher authorities for documents and deliberaţiunile delegaţiunilor, of the councils or their Presidents, such as budgets, taxes, loans, work.
Local review committees and the central review Committee shall be obliged to give its opinion on all matters of the household and local autonomy, all higher authorities which would be required.
Article 361 Persons harmed by the acts or administrative organs of deliberaţiunile local, autonomous or refusal to execute an act, or to provide a service because, in addition to judicial action brought before the Court of law or jurisdiction, the following may have recourse to remedies against such acts and deliberaţiuni: 1. Submit their complaint guardianship with appeal to the local Committee or central Committee review after their competence.
2. To appeal directly to the local Committee or the Review Committee to reach the revising or reforming the contested act deliberaţiunii times as well as the enforcement of the Act or the provision of the service due.
Article 362 Complaint addressed to the tutelary authorities, as well as local committees and action before the central review committee can be motivated by: 1. Illegality acts or deliberaţiunilor.
2. The abuse of power or negligence execuţiune bodies.
3. Refusal on their part to do an act or to provide a service due.
Article 363 local Committee or central Committee reviewed the matter will be of application monitoring and control bodies either to the injured parties can take complaints to the following deciziuni: 1. the rejection of the application or complaint as unfounded.
2. Repeal of laws, deliberaţiunilor or injoncţiunea, with dispoziţiunii attacked possible for those in the right, as in the place of the repealed to comply with another act, other deliberaţiune or other dispoziţiune, according to indicaţiunile data.
3. the relevant bodies of the Injoncţiunea do the Act or to provide service due.
4. In the cases below, the local Committee and central review committee can they substitute whose authorities — deliberaţiuni or dispoziţiuni are attacked, introducing changes which would think necessary in these deliberaţiuni and dispoziţiuni or even replacing them by others which would calculate in accordance prescripţiunilor.
Such judgements may not however be taken than when deliberaţiunile or dispoziţiunile in question, or their modifications relate only to persons concerned and when the local Committee or central Committee review found that all circumstances are fully clear and that the solution to be given as a result of legal dispoziţiunile necontestabile.
Article 364 against all decisions of the committees directorate Review Committee and central review, as the Court of review and reform of laws and deliberaţiunilor, of the local autonomy of both control and supervisory bodies as well as interested parties have open route of appeal to the administrative contentious.
Title VII common Dispoziţiuni chapter I administrative Elections SECTION I General principles Article 365 County Councils and municipalities, except for several rural villages, are elected by universal, equal, direct, secret and obligatory, with the ballot list, on the basis of proportional representation.
Rural communes Councils made up of several villages, are also through universal suffrage, equal, direct, secret and obligatory, with minority representation on the basis of restrictive ballot, as specified below.
Article 366 Counselors at urban township are nominated by members of the objects of the who.
With 10 days before the elections, the President will convene the bodies who will choose the members.
The election takes place under the chairmanship of a magistrate, according to dispoziţiunilor law.
The chosen candidate is meeting the majority of votes.
Article 367 For elections in villages and municipalities formed ' one village each village or municipality constitutes one constituency.
When the number of voters of a town or a municipality would pass over 2,000, the constituency can be divided into several sections, each section so as not to comprise more than 1,500 voters.
One of the sections will form the central electoral Bureau, responsible for vote counting and proclamation of the result.
Article 368 County Councils elections, constitutes a single County constituency, but the first President of the Court, as the Chairman of the county electoral biuroului, will divide the County into sections to vote who shall not comprise more than 2,000 voters.
Central will total Biuroul votes and will proclaim the result.
Article 369 communes Councils ' elections in several villages, the villages of the commune will be grouped differently as to form constituencies from who each would elect three councillors.
Article 370 Biurourile voting section will be chaired in the communes of urban residences in all administrative elections, by judges of the Court of the County, and if their number would be insufficient judges or wards helpdesk judges of detour, held the central electoral de prezidentul biuroului, in open court, announced through the display with at least two days off before.
In other common biurourile will be chaired by electoral judges of their respective wards or their ajutorii, in cases of justified absence of the judge.
In the case when the number of magistrates called to preside over the elections for rural municipalities would be insufficient compared to the number of communes in cari to be chairing the electoral choice, biurourilor will take place in groups of contiguous municipalities, determined by drawing lots.
Article 371 on the day of election prezidentul election biuroului will be assisted by one of the clerks, or clerks ajutorii dela Cuesta grade or in the absence of one of its officials, delegates to this end.
Article 372 Proposal lists of candidates, filling in the biuroului with delegates and assistants preparing the voting operations, the police measures, voting and voting procedure, shall be made following the rules set out in the electoral law.
Article 373 Up within 1 year from the presence of the implementation of this Act, each municipality will have to draw up, for all citizens who have membership in that joint, ID cards, in accordance with article 5. 17.
Up for ID Carnets, the right to vote shall be exercised on the basis of voters ' cards to be freedom according to law.
Article 374 suited If of a Council to arrive at a third of the number of elected Councillors, complementary elections take place legally binding.
Complementary elections can take place and before holidays to reach one third, if the Board finds, respectively for the good, of the administraţiunii filling is needed and the decision is approved by the guardianship court.
SECTION II Article 375, eligible Voters Are registered voters in the election of members to the administrative district in question, with the distinction for the right of women's suffrage, in accordance with the next paragraph, if you have the age of 21 years and is not in any of the cases of incompatibility, incapacity or nedemnitate provided for in the electoral law and this Act.
In the election for the County, municipality and village, will have the right to vote and obligatory to women, who in addition to the other conditions laid down in the present law and the electoral law for the Assembly of Deputies and the Senate shall meet one of the following conditions: 1. To have knowledge of the lower secondary cycle, normal or professional.
2. To be running at the State, County or municipality.
3. To be widows of răsboi.
4. To be decorated for activity during răsboiului.
5. To be made a party to the promulgation of the firms-legal-claims for social, cultural or propaganda of social assistance.
Article 376 to be eligible in the village Council, County, municipal and candidate without distinction of sex, you have to have, in addition to the previous article, generally from the age of 25 years.
Article 377 cannot be elected: a) Nuns;
b) Soldiers in activity;
(c) Persons who have contracted) every kind of enterprise with administraţiunea question, either directly or through persons status;
State Officials, d) Directorate, County, commune and villages you with excepţiunea priests, doctors and staff members of hospitals;
e) Debitanţii of spirits in the rural communes.
Article 378 nobody can be in the same time a member of the two municipal councils or County.
Article 379 members of the village Council and the Municipal Board may not participate and of the County Council, in addition to those of the municipalities.
Article 380 ascendants and descendants, brothers and sisters, allies of the same grade may not be in the same time members of the same Council, subject to dispoziţiunilor, for communal councils and rural villages. 28, paragraph penultim.
Article 381 voter rolls for villages, communes and districts, shall be drawn up in accordance with the electoral law.
Article 382 Romanian citizens, with the provisions relating to distincţiunea the right of women's suffrage, neaflaţi in any of the cases of legal incapacity or nedemnitate shown in electoral law and netrecuţi in lists, have the right to demand their inclusion in electoral rolls at Townhall commune whose members are in for a month of implementation, which from the law.
Article 383 After expiry of that period, the municipal authority will draw up, within 10 days, the electoral lists.
In the rural village and said authorities are obliged to enrol ex officio in the electoral roll on all persons who are entitled to vote, even if they have not made requests.
Village mayors, aldermen and notaries Secretaries, with bad faith would ignore this duty, shall be punished with imprisonment from the rock a month to six months.
Article 384 these lists drawn up on a provisional basis, on for 20 days.
The display will ascertain through a protocol signed by the mayor or his Deputy and Secretary, with the brightness of the date and places where they were made.
Article 385 Contestaţiunile concerning omissions or deletions from lists shall be made in accordance with the electoral law.
Article 386 every year, according to the electoral law, it will make the review and correction of the voter.
Article 387 the expenses for drawing up electoral lists and voter cards fall into the task.
Article 388 the convening of the electoral body shall be made not later than one month before the day fixed for the election of the local ministerial Director for counties and municipalities, prefect for towns, villages and rural municipalities.
Article 389 of the Ordinance of the President of the Office shall be notified of Convocation elections and shall be published in "Monitorul Oficial", Communal or failing in the "Gazette" County, with at least one month before the day of election and is displayed at the door of all the evidences from the constituency in question, on the streets and in the public markets.
SECTION III Article 390 candidates Proposal Proposal applications is made with at least 8 working days before the day fixed for polling stations and up to 18 hours of the last days.
Proposal for election candidates in administrative villages, as well as in rural and urban municipalities nereşedinţe, is made to the judge in which constituency detour finds the respective electoral district headquarters.
The proposal deadline is common in rural villages, urban residences and common nereşedinţe of the County and for County Council, and the public notaries who have competinţa to legalize the signatures and get consimţimintele to be submitted to the Court or Tribunal that detour trustee of the proposer or the candidates.
In the capitals of the County, the proposal is made to the President of the Tribunal Prime respectively.
The proposal must be submitted in writing, in duplicate, signed by a number of at least 10 voters for elections of village councils, 15 voters for the election of municipal councils, rural voters for 20 urban communes and 30 municipal councils and voters for the County.
Propunători voters will present in person or by their agents. The magistrate receiving proposals, will ensure their identity and if both they and candidates listed in the electoral rolls. The identity of the proposer may be certified by their Secretary and Mayor of the commune, an attorney or two witnesses known personally by the magistrate.
In rural villages and townships in the proposal of candidates can be done verbally and, but only before the judge.
The magistrate who has received proposals from candidates will take note of the statements made, will record the names of the candidates in the order required by dresând propunători, a record.
Article 391 each list must contain a number of candidates equal to the number of Councillors being elected.
No one can run on only one list.
Article 392 with applications or at most until preziua, election, proponents or applicants will be able to appoint judges for each list and for each section, two voters and two delegates.
Article 393 candidates must declare in writing or verbally, before the competent magistrate, accepting at least 8 working days before the day fixed for polling.
In the same period proponents have the faculty to declare a distinguishing mark, which may be a geometric or represent a material object, but cannot cover an area larger than one centimeter square.
For villages, acceptance of applications will be able to do, and the Mayor and the parish clerk, who, once they certify, will submit to the judge concerned.
Article 394 shall be deemed null and void cari contain a number higher or lower than that of candidates required by law.
For elections to councils in rural communes comprising several villages, each proposed listing for a constituency, will feature the obligatory 3.
Article 395 on the first day after the expiry of the date of receipt of the applications and if there are several lists of candidates, shall order the printing of ballot papers.
If you propose only one list of candidates, within legal, President of the Tribunal for counties, cities and towns County residence, and judge for the other detour urban and rural municipalities and villages chosen for unique list, proclaimed the next day filed after expiry of the proposal and bring it to the attention of the public.
SECTION IV Article 396 ballots the ballot will take the form of a sheet of letter paper into four pages, on which are printed all the lists of candidates submitted.
The dimensions to be determined by the magistrate who has printing, taking into account the number of lists.
Neither a case Bulletin will not exceed the format of a regular sheet of writing paper.
All dispoziţiunile regarding ballots shown in electoral law applies and in the administrative elections.
Article 397 Expenses for printing the ballots shall be borne by the village, municipality or County. Candidates after they have lists who obtained at least 10 percent of the total votes, will pay the proportion of the expenses made. The amount shall be determined by the President of the central electoral board biuroului for the County and for the municipalities where there are more sections, and judge of the detour and other villages.
SECTION V of the voting Operations in article 398 shall be presented to Voters in the vote and receive dela biuroului President bulletin containing all the lists who were proposed, as well as a stamp which has printed the word "voted". President of the Office shall ensure that the voter's identity and explains how to vote.
Voters entering the Chamber to vote, "voted" stamp on the list they choose and then presents the President bent into four, besides the part that is affixed the seal of the President.
Article 399 dispoziţiunile regarding All voting operations, contained in the General electoral law applies in matters of administrative choices all the time how long the voting operation, from the beginning and up to the proclamation of the result of voting, the Chairman of the electoral biuroului ' is allowed to leave the premises (room) where the voting is done, nor during the suspension of the voting operations.
SECTION VI Centralization, distribution and the attribution of mandates in article 400 After the closing of the poll, if there is a single section of the voting, the Chairman summed up the outcome of biuroului respectively make for each list.
If you have worked on several biurouri, the results observed from each section concentrates immediately after the closing of the poll and training assistance protocols, the election was biuroul charged with vote counting and proclamation of the result.
The President of this biurou, aided by the clerks at biuroului and the elections for the County and for common residences County one of the judges of the Court, which will appoint the President of the central biuroului, proceeds to summarize the outcome for each list.
Article 401 In elections to the House of Commons Councils made up of several villages, where there have been several lists of candidates elected, proclaims the first 2 candidates you list which obtains the absolute majority and one minority that list your met at least 20 percent of the vote, namely: the first candidate list of your most votes.
If none of the minority lists ' met 20 percent of the vote, chose the third proclaims addicted the majority list votes.
In the case where none of the lists ' held the absolute majority of the votes and only two of them met at least 20 percent of the vote, proclaims the first two candidates elected your list with more votes and the first candidate list your other.
When 3 or more lists will meet a minimum of 20 percent of the votes, without to have neither an absolute majority, proclaims the first elected three candidates with your lists more votes.
In the case where none of the lists ' met percentage of 20 percent of the vote, the election shall be repeated.
The distribution of seats in elections for village elections and the other municipalities and counties to be done proportionally to each list of massa versus the total number of votes cast.
Minority list, to be able to participate in the distribution of mandates, must meet a quota of 20 per cent of the vote.
It establishes the proportion between the lists.
In determining the percentage of fractions below 0.5 per cent shall not be taken into account, more than 0.5 per cent shall be considered as a whole.
Each will acquire a corresponding number of electoral seats.
The remaining seats will be assigned to those attributed to the lists after the electoral importance of mass in order of number of votes obtained.
The appointment of elected candidates will be made by the President in the order of your list.
Biuroului President is obliged to communicate electoral Commissioner of the County's copy, the minutes of the proclamation of the result.
Article 402 unelected Candidates shall be declared alternates.
The holiday, through death, demisiune or any other circumstances, the alternate shall be called in the order of classification, to replace the holder of that list whether the Council, the scrutiny will make, find that meets generally required by law.
Otherwise his rights pass over the following list announces your countenance.
If there will be no replacements on the same list, the place remains vacant, the strictest alternates entered on other lists.
The complementary elections are elected councilors by majority vote and lose their mandate with the whole Council.
Article 403 Dossiers elections for rural villages, municipalities and cities shall be forwarded within 24 hours President County delegation of counties and local municipalities, Review Committee, and the election for County ministerial Director asociaţiunea.
Contestaţiunile SECTION VII Article 404 throughout the electoral operation as set out and in 10 working days after the proclamation of the outcome, the elections for voters in 10 villages and rural voters and 25 in other elections, as well as individual candidates and delegates can make contestaţiuni by any electoral operations in the electoral body and summons from the rock until the proclamation of the election result.
Contestaţiunile biuroului shall be submitted to the President of the polling station until the proclamation of the result. After the proclamation of the result they are addressed to the authorities of which have been submitted to the respective folders, according to the provisions of the preceding article.
On the contestaţiunilor, as a first instance judge, in the case of the election of members of the Board of councilors, village and for rural and cities, County Council delegation; in the case of the election of District Councillors and local Review Committee within 10 days after the passage of time from contestaţiuni.
Contestatorii will be summoned to the day fixed for the prosecution appeal and will be able to expose the conflicting motives, elect either orally or by memories.
Authorities seized from contestaţiuni can direct any inquiries and investigations.
Deciziunile County Council delegation may appeal to the local Review Committee within 10 days from the rock's pronouncement.
Deciziunile local Committee for review, the data in the first instance, you can call the same term at the central Committee's review. In both cases remain open appeal to the High Court of Cassation within 15 days from the way of communication.
Contestaţiunile as regards elections to the Board of County asociaţiunii, controversy in first and last resort of central review Committee, with right of appeal to the Court of Cassation within 15 days from the way of communication.
Final contestatorilor Deciziunile shall be communicated and published in the "Official Gazette" of the Directorate, in the "Official Gazette" of the counties and the municipalities concerned.
Article 405 Even without contestaţiune, the Court tasked with controlling the legality of election law, will be able to invalidate the elections carried out ex officio. The cons of this ruling can appeal and appeal in accordance with the preceding article.
SECTION VIII duty Free procedure and Article 406 all documents of any kind relating to inclusion in electoral rolls, elections as contestaţiuni are exempt from postage stamps.
Article 407 of the Penalties for legislators and dispoziţiunile taken by that law to ensure that voting, secrecy of the vote, to prevent and punish electoral fraud, are applicable in the administrative elections.
Chapter II about goods and property Administration SECTION I Article 408 All his wealth to quaking and nemişcătoare villages, communes, municipalities, counties and County of asociaţiunilor as well as General establishments and charitable institutions in the public interest and charity, which depend on them, will be placed in a general inventory.
These will be compiled into the invention of three copies, one of which alone for that authority, another for guardianship authority and the third for House insurance Interior Ministry.
Article 409 general Inventory kept up-to-date with e all amendments to the property during the year, with the obligation for mayors, Presidents of the County delegation and the delegations of the associated councils of the counties, as at the end of each year to submit what authorities are in possession of a general inventory, fidel, checked and signed by them and Secretaries, all changes that have been made during that year. protection authorities will be obliged to operate in general all modifications submitted by registries and take into situaţiunea administraţiuni property of each record.
Article 410 disposiţiune documents concerning real estate and real estate rights, such as: sales, purchases, exchanges, mortgages, tranzacţiunile and compromisiunile, waivers, recognitions and delimitation and dividing property in joint property without the intervention of the judiciary, aimed at changing public use destinaţiunii property, cannot be decided by village councils and assemblies, communal councils, municipal, County and district associations, if their value goes to 20th part of ordinary income only the approval of the authority in law to give him, according to art. 323. it is small portions exempt sales of land made by neighboring property owners for common alignment of streets. These lands can be sold, irrespective of their value, by virtue only of the alignment plan approved, with prices generally and in the communal Council membership, without the other's approval.
If the adjoining owner does not agree on the price and condiţiunilor, he is entitled to request the fixing of their justice, and if you refuse to buy the land, may require the expropriation of the entire property.
Article 411 of the gifts and bequests of fortunes being made moving and nemişcătoare villages, communes, municipalities, and counties or County asociaţiunilor, will receive the Council concerned only with approval, according to art. 345, when receipt is made without the benefit of inventory, when gifts and bequests include conditions or tasks are involved, or when the reclamaţiuni regarding the succession.
If the Board can receive a gift or linked without approval, he refuses, its judgment may be appealed by any voter appeal to County delegation for villages and municipalities, except in all municipalities; for municipalities and counties from local Review Committee and for asociaţiuni County at the Interior Ministry, which will decide after receiving the opinion of the Committee for review.
Donaţiunile and bequests consisting of movable and real estate fortunes made a public establishment, State Department, municipality, municipality, County or asociaţiune County, or in order to be found too, it is considered that the establishments made village, commune, municipality, County or district, asociaţiunii and destinaţiunea.
Article 412 Villages, communes, cities, counties and County asociaţiunile may yield free from their private buildings, the value of which would not pass the 20th part of ordinary income, annual, or companies of public interest recognized as legal persons and their contribuesc with who in the performance of public tasks or the project.
In the case when the value of their race of part of their income, they can succumb to approve ministerial Directorate.
Article 413 includes lease, leases and in general the exploitation of goods determined by the assemblies and village councils, advice from the municipal municipal, County or asociaţiunilor County, are subject to approval in accordance with art. 345 if you make more than three years.
Article 414 When submission to approval of the Councils decision hangs an estate's value, this value, in the case of sales, lease and rental, it counts to be derived from licitaţiune, without which the contract cannot be concluded.
Before the auction service of such authority, or failing that, the guardianship authorities will make an assessment that will serve the basic auction.
In the case of exchanges, free land, yielding purchases, tranzacţiuni and compromises, renunciation and recognition of rights, boundaries and the Division of immovables in the joint property, without the intervention of Justice value of real estate and real estate rights will be established via expertise for rural villages, communes and towns, through the Technical Department of the County, and for municipalities, counties and County asociaţiuni through the technical service of the Directorate.
Article 415 Tranzacţiunile and compromisele relative to the fortunes of movable, and waivers and recognitions also rights, are subject to the approval of the County delegation if their value goes to the villages of 10,000 lei and 25,000 lei in rural communes and urban nereşedinţe and the municipalities of 50,000 lei to the urban municipalities of residence.
If the value passes the 25,000 lei in rural areas, the rural municipalities of 50,000 lei and the urban municipalities of 100,000 lei nereşedinţe, the urban municipalities of the County of residence and 200,000 lei to counties and municipalities, approval will be given by the local Committee for review, and if the value passes 50,000 lei to villages, townships of 75,000 lei for rural and urban communes for nereşedinţe 150,000 lei, for municipalities and urban residences, where the amount of 300,000 lei goes for cities, counties and County asociaţiunile, approval will be given by the Ministry of the Interior with the central Committee for review.
Article 416 Villages, communes, cities, counties and County associations can contract without mutual consent and approval through good works and supplies for urgent up to amounts below: up to 1,000 lei when ordinary income is not more than 10,000 lei annually; up to 5,000 lei when income is higher than 10,000 lei, but cannot exceed 50,000 lei; up to 10,000 lei when income exceeds 50,000 lei but cannot exceed 100,000 lei; up to 25,000 lei when income is more than 100,000 lei but cannot exceed 500,000 lei; up to 50,000 lei when income is more than 500,000 lei but fails, 1,000,000 lei; up to 100,000 lei, where income is more than 1,000,000 lions but did not pass the 2,000,000 lei; up to 200,000 lei where income cannot exceed 4,000,000 lei lei and up to 400,000 where income is higher.
Assemblies and village councils, communal, municipal, County and asociaţiunilor County, in such cases, will delegate two of their members to make the reception of the works and supplies contract; copy your delegaţiune this will be next to the minutes of recepţiune.
When the value of the work is of little importance, with reception will delegate an official at the place where the work was done.
The emergency nature of the work will be învederat through a report of the Chief of service; in cases where urgency is due to negligence of duty, the official will be punished for bad administration.
Article 417 contractările villages, All communes, municipalities, counties and County of asociaţiunilor, out of excepţiunile referred to in the preceding article and in article 3. 70 of the law on the public accounting, can not be made only on the basis of a target in licitaţiuni generally laid down in that law.
SECTION II Works and their schedule Any Article 418 construcţiuni and reconstrucţiuni and in General any works on behalf of the village, commune, municipality, County and asociaţiunii County cannot execute than under plans previously drawn up and foreign currency and approved by the Board concerned.
Article 419 of the villages, the technical services of the municipalities or counties will do their studies and will draw up plans, specifications and estimates required for the rural villages and townships.
For spas, for urban municipalities, municipalities, counties and County asociaţiuni, these studies, plans, currency and specifications will be made by the respective technical services may entrust and private specialists in technical services in cases who would not be able to execute them.
If the value of the work passes 50,000 lei for rural villages, communes, municipalities and urban nereşedinţe spas or climatic conditions; of 100,000 lei up to 300,000 lei for urban municipalities, approval of plans, building specifications and specifications may, from a technical standpoint, it gives the head of the local ministerial Department of public works.
This value works as well as works from over 500,000 MDL for municipalities, counties and County associations, approval from technical point of view, the plans, specifications and estimates, giving a higher technical Council of the Ministry of public works. Will not be sent to the Council of the higher technical examination, whatever their value, material supply projects for maintenance of the roads.
Article 420 execution approved will be given in the enterprise through licitaţiune after forms and generally in accordance with the law on the public accounting on the basis of the plans, specifications and other documents.
Article 421 When the works are to be executed either by concessions in return for an annuity or with rights for lessees to do their service on operation some time, assemblies and village councils, municipal, County and asociaţiunilor County will have to take higher technical opinion of the Ministry of public works, and approval will be given in loans generally provided for by art. 442. article 422 of each village, municipality, municipality, district and County Association will draw up a general plan of works that propose to undertake in the course of five years and will show in the same time as the means for carrying out such work.
The program will not be able to be put in the paper only after the approval of the County delegaţiunii for rural villages and municipalities, and local Review Committee for urban municipalities and municipal districts.
General approval for the County associations will be given by the Ministry of the Interior with superior technical opinion.
First, the programme will be drawn up in the course of a year after implementation of the law.
Article 423 during periodului of execution of a program, you cannot execute the works in ' only in cases of force majeure and only with his consent to the authority which approved the program.
Chapter III administration of finance SECTION I General Article 424 Dispoziţiuni Finances of villages, communes, counties and County of asociaţiunilor is administered after dispoziţiunile the law over public accounting, whereas the present law does not expressly derogate from the presence of them.
Income and expenses article 425 villages, communes, counties and County of asociaţiunilor as well as of other outbuildings and charitable institutions, are established for each financial year, through the respective budgets voted on and approved in the forms provided for in this law.
The financial year begins on 1 January and end from ends next 31 enforcement Exercise Decemvrie budget expires along with the financial year for rural villages, communes and municipalities and urban areas shall be extended by six months for municipalities and counties.
Article 426 Proceeds are made by local authorities to State or local authorities, as well as those made by State bodies, local authorities do not give right to draw or cheltuelii participation, personnel and material of the relevant services of imposing and collecting.
Taxes and duties SECTION II of article 427 Villages, communes and districts are authorized to cover expenses as to levy direct taxes and indirect taxes provided for in the applicable laws, and fees for services set up for the interests of the inhabitants.
Article 428 asociaţiunilor Revenues come from counties: 1. State Subsidies.
2. Contribuţiunile counties and municipalities.
3. County taxes, product specific intended by the respective administraţiunile to cover the expenses needed for the common interest of the associated counties.
4. încassate levies for special services.
Article 429 additional revenue Quotas established by art. 72 of the law on the direct contribuţiunilor of Commons proper unification, consisting of several villages remain those municipalities in the proportion of 75 percent; the remaining 25 percent of those odds pass as income of the villages.
Also 50% of additional shares will go to the proper counties as revenue of the County asociaţiunilor.
Article 430 If normal and periodic expenses may not be covered from general revenue of those authorities supplemented with those obtained under the preceding article shall be able to set up additional temporary quotas on additional revenue. 72 of the law on the direct contribuţiunilor, which may not exceed 50 percent of the shares are affected by that article.
Article 431 when occasional urgent expenses occur, which may not be covered, from ordinary income, will be able to set up additional extraordinary odds restricted to 50 per cent of the additional shares.
Article 432 rural Municipalities, urban communes and counties may charge: (a) the creation or Cotizaţiuni) for maintenance of the exceptional improvements who may not be covered from general revenue and who use the category of residents or part of their territory;
b Prestaţiuni in kind) for the achievement of exceptional service and emergencies caused by flooding, fires, înzăpeziri, etc.
Article 433 direct and indirect Taxes can be set up only in the context of general tax laws in force.
The quotas laid down in those laws are counted as relevant, so it can be fixed and lower odds.
Article 434 fees for services set up for the benefit of residents, will be fixed by the Commission regulations setting up those services.
Their amount will be calculated so as to cover at least the depreciation of capital invested and periodic expenses of maintenance services.
They can rent through public auction, with the approval of the guardianship authorities, bodies concerned.
Article Cotizaţiunile shall be levied only 435 dela residents who use exceptional improvements or services created.
A regulation of public administration will determine who can generally set up in cotizaţiuni, how shall consult in advance residents interested in, and how they will be distributed to these people.
Article 436 prestaţiuni may be required for service in nature only in cases of disasters, such as floods, fires, înzepeziri, etc.
Conclusion for their establishment will provides the amounts to be paid by the inhabitants who reasons well established cannot provide service in nature.
Article 437 Establishment of direct and indirect taxes, as well as their modification is made only by the conclusion of the assemblies and councils concerned, shall be adopted by a majority of two thirds of the number of users who compose them.
The decisions of the Councils who set up taxes or fees noui, before being submitted for approval to the tutelary authorities, will be subject to a vote of the inhabitants of the village together, in accordance with the second subparagraph of article dispoziţiunile. 62, para.
The conclusion of the respective councils or assemblies in this regard must be displayed in the course of 15 days in a rural, communal cashboxes, municipal or county official and published in local and workitem for other journals will be.
Against the conclusion, everybody can address within this period, the reclamaţiuni, the authority in question. After the expiry of the 15 days of the decision by Dale showing the minutes, the Council shall meet and deliberates on the reclamaţiunilor.
The decisions of the Council, together with all reclamaţiunile and relative laws, shall be submitted for approval to the guardianship authority, rules and procedure laid down by the law.
Article 438 Decisions for additional shares and extraordinary local Committee approved funnels review for villages and rural and urban areas and the Ministry of Internal Affairs agreed with the Ministry of finance, following the opinion of the Committee of review, for municipalities and counties. Încheierele will be accompanied by complete exposure over financial situaţiunii.
Article 439 municipalities, apart from taxes provided for by law, may establish through regulations, fees for the use of exception of roads.
These fees are payable only in respect of vehicles used continuously for the transport of persons and materials by those who are doing this craft or traders and industrialists.
They are counted for each vehicle per day per month or per year.
Article 440 where communal councils or County shall decide the establishment of taxes not provided for in the law, or an amount higher than their legal, approved by decisions by guardianship authority, shall be submitted on the Interior Ministry's hierarchical path, which with the consent of the Council of Ministers, forming the necessary bills.
Article 441 Distribution amounts received by the Ministry of Finance of the common revenues of the State, associations of communes and villages, counties will be made with the participation of the Mayor of Bucharest, as representative of the House of Commons, delegaţiunii County Council President, as a representative of counties and County of delegaţiunii asociaţiunii from the Directorate of Bucharest ministerial responsibility, as a representative of district associations.
SECTION III Article 442 Loans Loans shall be decided by the assemblies and village councils/County, municipal, or County associations, through the conclusion adopted by the majority of two thirds of the members composing them, subject to the laws of dispoziţiunilor, the village administraţiunile and only if they are provided for in budgets, with their voting, to cover interest and depreciation.
The decisions are displayed and published in generally provided for taxation, with the same rights of reclamaţiune.
The decisions by village councils through who decide on loans, before being submitted for approval, the guardianship authorities shall be submitted, in accordance with the second subparagraph of article dispoziţiunile. 62 last sub-paragraph, public vote of the inhabitants of the village.
If the loan approval, anuitatea United with other amounts datorite for loans and contracts based on annuities, don't skip the 20th part of regular budget income, or if the duration of the loan or contract is not more than ten years, is given for villages, rural and urban areas of the County delegation, for municipalities and counties for local Review Committee and for the asociaţiunea County of the Ministry of Interior, with the opinion of the Committee for review.
Sub-loans for 10-25 years and those whose annuities or annual payments, with other amounts owed for previous loans or contracts, does not pass the 10th part of the ordinary revenue budget is approved for villages, rural and urban municipalities, local Review Committee and for municipalities, counties and County asociaţiuni of Ministry of Interior with the opinion of the Committee for the review and approval of the Council of Ministers.
Sub-loans who compete for the provisions of the preceding paragraph shall require a law.
Cannot shrink or start a paper until the loan will not be intended for that work.
Are subject to dispoziţiunilor in this article works concession revenues or whose payment set forth in annuities, with or without interest, or right for dealers to make their service operation on some time, as well as purchases of real estate who are paid in several instalments.
Will not approve decisions regarding loans, unless it is established that the budget has to cover deposits interest and depreciation, without touching the amount needed for regular expenses.
Sub-loans article 443 one can shrink from public authorities and from their homes, and to any instituţiune or individual.
Sub-loans with bonds approved by law. funnels
Article 444 Decisions approving loans will contain all the details of the loan and will indicate on the lenders.
SECTION IV Article 445 Income Revenue villages, communes, counties and County asociaţiunilor, can be divided into periodic income and extraordinary income or accidental.
Article 446 regular Income are all that income who normally feeds as well as budgets: direct and indirect Taxes;
Fees established for the benefit of particular services of the inhabitants, and the exceptional use of roads, rental, leasing or operation of property;
Any other income normal and regular.
Article 447 of the extraordinary Income incidental or additional Quotas are:;
Additional extraordinary odds;
Contributions and benefits;
Sub-loans, gifts and bequests, proceeds from the sale of real estate.
Article 448 additional Quotas will only serve to cover the costs of normal and regular, who cannot fly from annual revenues, and additional extraordinary odds, only for expenses, for which have been set up.
Membership fees and proceeds from rescumpărarea prestaţiunilor in nature will apply only for the purpose for which it was created.
Article 450 annual Surpluses will employ only for endowment.
Sub-loans shall article 451 serve only for the purposes for which they were contracted.
Article 452 gifts and bequests of money will Employ only according to the wish of the donor or the legatee.
SECTION V Costs Article Expenses 453 villages, communes, counties and County of asociaţiunilor in normal and periodic expenses, and in occasional expenses or extraordinary.
Article 454 is considered normal and periodic expenses all expenses for personnel and material necessary for insuring of the authority and of its services and businesses.
All other expenses are infrequent or extraordinary.
Article 455 must be considered compulsory expenditure for villages: 1. Salaries and allowances of the village Council and functionaries.
2. The expenses necessary for the Administration and security services in villages.
3. Spesele, stationery, books, printed and publicaţiuni.
4. Subscriptions to the bulletin and official nationwide laws, as well as the cost of civil status registers.
5. generally provided for in the laws in force.
Staff and health and hospital material, of roads, of public instruction and cults, 6. The asociaţiunile and Contribuţiunile societies formed on the basis of the present law.
7. Insurance against fire, buildings to house the Ministry of Interior.
8. The percentages and annuities, as well as loans and outstanding debts.
9. Any expenses provided for by laws, as compulsory expenses.
Article 456 Villages who are part of a rural Gmina will incur costs from their budgets dela points: 1, 2, 3, 6, 7, 8 and 9 of the preceding article, other expenses to the extent that race means villages shall be entered in the budget of the commune concerned.
In rural municipalities ' budgets will be enrolled as a mandatory alocaţiunile for expenses: 1. Salaries and allowances of officials, the Council and the aldermen.
2. The expenses necessary for the administration of the communal premises and providing them to the Home Ministry 3. The expenses section 8 and 9 from the presence of the preceding article concerning rural communes.
4. Census of population and contribuţiunilor.
Article 457 of the urban Communes and municipalities may have alocaţiunile as compulsory expenditure for: 1. rezoning plan to be drawn up.
2. personnel and material fire service.
3. Census of population and contribuţiunilor.
4. the Municipal Police, as well as part of the costs of personnel and material to which it is bound by the laws in force.
5. children's Gardens.
Article 458 is considered mandatory expenses for counties: 1. Salaries and allowances of District Council and functionaries.
2. The expenses necessary for the Administration and security services and ensuring their home Ministry.
3. Spesele, stationery, books, printed and publicaţiuni.
4. Subscriptions to the Official Gazette and to our laws.
5. The rigid conditions of the laws in force, personnel and material health and hospitals, of roads, of public instruction.
6. Subvenţiunile granted asociaţiunii County.
7. Contribuţiunile private associations and societies set up on the basis of the present law and the law of marketing;
8. The percentages and annuities outstanding loans and debts.
9. Any other expenses provided for by laws like mandatory expenses counties.
Article 459 of the expenses asociaţiunilor County are those referred to in the previous article, since they concern all or more of the associated counties.
Up to the date when the modification of the general laws of finance will create revenue for General asociaţiuni County, will cover their expenses from the revenue referred to in this law.
Article 460 of optional Expenses cannot be authorised and prescribed in the budget than in the rim means what would remain available after covering all cheltuelilor.
Article 461 Amounts coming from the payment of premiums for compulsory insurance to the immovables owned by villages, communes, municipalities, counties and County asociaţiunilor, constitute a special fund put under the administration of the Ministry of the Interior and will be used for the payment of compensation due in the event of fire, and for loans made by rural communes in preference to build school premises, children gardens and town halls, and to organize the fire service.
House fire insurance to the immovables of villages, communes, municipalities, counties and County asociaţiunilor, will operate according to the rules of public administration.
Article 462 Villages, communes, cities and counties remain unloaded for any expenses or subvenţiuni made so far in their task, but who through their însăş nature, concerned services who entered the atribuţiunile State as well as costs of: personnel or material relating to courts, tribunals and Courts with judges, jurors and of wards, the gendarmerie and the officials from the General Administration of the State the civil prisons, and to the maintenance of arestaţilor, with dispoziţiunilor provided for in this law.
SECTION VI Article 463 f. Budgets up to 15 Octomvrie latest delegaţiunii asociaţiunii, President of the County Council and up to 1 Octomvrie villages and communes, mayors and Presidents of the County delegaţiunilor, in collaboration with the respective delegaţiunile, will draw up the draft budget, the Chancellor's administraţiunii question.
Submission of draft budget will be brought to the attention of General through publicaţiuni, for citizens to be able to inspect it and make reclamaţiunile you'd think trebuincioase.
Article 464 Budget has three parts: a) the normal income and cheltuelilor and periodicals;
b) incomes and accidental cheltuelilor and extraordinary;
c) incomes and cheltuelilor with special destinaţiunea.
Article 465 incomes and cheltuelilor normal and regular incomes and accidental cheltuelilor and extraordinary income and expenses contain what they relate, after distincţiunile made in paragraphs "income and expenses".
Article 466 the Budget Balancing is done so that normal and periodic expenses to be covered by the normal and regular income, plus additional supplementary quotas would no longer be necessary.
Article 467 of the Extraordinary Expenses and emergencies are covered in ordinary income periodic abound, from extraordinary or additional quotas established for the purpose of those expenses.
Article previous article 468 Expenses dela who serve for the purchase of goods and increase assets, can fly and out of surpluses.
Article 469 special Income will form separate chapters in the budget.
Their available balances will be used in the same end through the budgets of the years to come.
Article 470 All the incomes and expenses of villages, communes, municipalities, counties and County of asociaţiunilor shall be entered in the budget. Use is not permitted, any income of any kind would be, otherwise.
Income assessment will be done by counting each came in part after the proceeds of the last three fiscal years, taking the Middle figure with those for excepţiunea who was an important change of legal fact.
Article 471 In each budget shall be in one article provides an amount for opening additional appropriations, where appropriations opened through the budget are not sufficient for the required needs to cover expenses at who have been affected and another opening credits for extraordinary unforeseen expenses when arising that cannot suffer procrastination.
Article 472 by approving the budget indicate articles which alone can be fed through the opening credits. It will also provides two other articles in the special budgets, one for income from the remnants of the dark, and other expenses for the reordonanţarea amounts in outstanding payments ordinances of that exercise, in accordance with the table annexed to the budget.
Article 473 draft budget drawn up in accordance with the above provisions, will be accompanied by the report of the Commission and of the exposure of the Mayor, President or President delegaţiunii County delegaţiunii County asociaţiunii and will be submitted to the Council on the date of their first meeting respectively after the expiry of ten days from the presence of deposit publicaţiunii display with reclamaţiunile what s ' would be coming along.
The Council will be meeting to deliberate on the budget at the latest by 15 Octomvrie, and the budget vote will be forwarded to the guardianship until at the latest 1 Noemvrie.
Article 474 delays in preparation or submission for approval of the project budget is at attached data counts as a serious deviation from the presence of debt.
Article 475 Council will examine the budget through a comisiune chosen from his bosom who will find it necessary, it may take the opinions of why specialists are not part of the Council; while ago based on paragraphs this comisiuni considering the documents accompanying the draft budget and reclamaţiunile what possibly ' would have done, will proceed from deliberation and decision in open court.
Voting on budget items.
Immediately after the voting, asociaţiunii County budget is submitted for examination to the Ministry of Internal Affairs; those counties and local municipalities, Review Committee and those of the municipalities of urban and rural delegaţiunii County. The budgets submitted to the communal village of rural delegaţiunii in question which, if they do not approve after checking forwards them accompanied with a report, delegaţiunii County.
Article 476 authority responsible for approving the budget if it finds that the expenses for compulsory alocaţiunile shall not be entered in the budget or are not sufficient, or that are omitted, in case of asociaţiuni or companies established under the law, part of the village, the commune compositon, municipality, County or asociaţiunii County times that the General in question, some alocaţiuni the optional ones are exaggerated , may refuse to approve the budget and repay the administraţiunii question, with appropriate recommendations;
If you are returning, the budget was not amended in this regard, the Authority ex officio guardianship banished him.
Article 477 complaints against the discharges to refuse the inclusion of a certain, liquid and debts due, legally recognized or established by legal title may be admitted by the guardianship authority which will have their enrollment in the budget.
Article 478 when the budget of a small village, a joint, a municipality, County or asociaţiunii County was not approved before the start of the year, although it was referred to the guardianship authorities within the time limit prescribed by this law, he shall be deemed to be approved. And if the delay stems from the administraţiunii in question, because they ' would have been voted on and submitted within the time limit prescribed, the budget for the financial year expired would continue to apply until the approval of the new budget, but without being able to skip a year.
SECTION VII g. Execuţiunea Budgets Article 479 no income cannot be charged than according to laws and regulations in force and no expenditure can be made only through the budget or through regular appropriations.
Any expenditure over approved budget allocation, is illegal and will remain the responsibility of officials who have approved it. Those who will contravene these dispoziţiuni will be punished with imprisonment of three months to the end from a year without injury, disciplinary action.
Income and expenses article 480 villages, communes, municipalities, counties, and County of asociaţiunilor are set out in the budget each year. Funds allocated through the budget of the year will not be used at the expenses of another year and those concerning a section or article may be used at the expenses of another chapter or article.
Article 481 councils and officials have the right to hire expenses will take beforehand the opinion of the heads of accounting enrolled who will certify whether or not funds are available. They are obliged to keep records of accounts and rule of cheltuelilor liquidation.
Article 482 services will be organized in such a way that engaging, validation, authorisation and payment of cheltuelilor to be made by different officials.
Article 483 When appropriations through the budget are not sufficient to cover expenses at who were affected or when the expenses referred to arise that cannot suffer adjournment, may open additional credits or extraordinary in the edges of the item specifically provided for this purpose by the budget. In no event shall alocaţiunile for personal use may not be increased through the openings of such loans, either directly or indirectly.
Article 484 Opening credits additional or extraordinary is through a vote of the Board respectively, as well as approving the budget.
Article 485 If special fund for the opening credits of additional or extraordinary has been completely used up, he will be able to be increased the required savings resulting from other budgetary appropriations and only with the same approval as for the budget.
Article datorite 486 villages, all communes, municipalities, counties and County asociaţiunilor, to be paid at the ages prescribed by laws and regulations or through contractual arrangements, without requiring any release delay.
Their debtors, under any title, taxpayers, tenants, lessees and others, if you don't pay on time, the amounts due will be charged a 10 percent interest for the delayed time. This dispoziţiune applies and who ordered to pay debts earlier promulgation of this Act, shall pay the târzia.
In the latter case the interest flows, from the expiry of the period referred to in somaţiune.
Article 487 no payment on behalf of the village, commune, municipality, County or asociaţiunii County will not be able to do it except by Ordinance issued on a regular credit open; These decrees will be signed by the Mayor, President or President delegaţiunii County delegaţiunii County asociaţiunii and countersigned by the heads of accounting services; they will be drawn up and recorded according to these rules, public accounting officer responsible for the payment will not pay off his Ordinances under his own responsibility, until you will entrust that they were issued on the edge of that article of the budget or the edge of the loans according to the law.
Article 488 In villages, rural and urban municipalities will not be able to order than to 15 Ordinances, and paying Decemvrie payment will not be made until 31 than Decemvrie.
In municipalities, the counties and County associations, authorisation of payment credits extends beyond the fulfillment of budgetary, financial year as follows: (a)) until 1 March, after the end of the financial year, in order to meet the payments within the limits of the credits opened by the material performance of which started during the financial year, he could not meet until 31 of Decemvrie force majeure;
b) until 1 May to start and the opening of additional appropriations and extraordinary, and authorisation for liquidation of amounts and datorite;
c) until 1 July to complete all operations relating to the collection of revenue and the payment of payment orders issued.
Article 489 of the remaining Amounts receivable shall be entered in the budget for next year as remnants from the exercises.
Ordinances of outstanding payment, and the remaining credits will be cancelled, neîntrebuinţate and reordonanţa payment shall be based on the old Ordinances on the new budget, cancelled in that purpose each budget shall include an allowance for payment of expenses from the exercises.
Any order for payment issued without this article, from the presence of such justification will result in penalties up to two years imprisonment for both the authorising officer and the accounting and imputabilitatea for that amount.
Article 490 villages Funds, municipalities, counties and County of asociaţiunilor cannot be traced nor seized only within the limits of the amounts set out in the annual budget and which they would unfairly deny them ordonanţeze.
You can apply chases and liens upon amounts reported from closed, passive exercises are with capital destinaţiune *).
The remaining liquid and due claims in distress will be obligatory to log in the next budget.
Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Rectified according to errata, Official Gazette No. 219 of 2 Octomvrie.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 491 Anyone apart from încasatorul village and parish, account executive, accountant and doers okay, install up and running, and you cannot mix in handling funds of villages, communes, municipalities, counties and County of sociaţiunilor, under penalty of being constituted by that fact alone, an accountant in charge and watched penalmente for the fact that without the mixed autorizaţiune in public functions.
Stocks actually are subject to the same jurisdicţiuni and after them the same liability as the warehouses.
SECTION VIII Conclusion, research and approval of accounts Article 492 up to three months or year end from the closing of the financial year, the Mayor of the village and the municipal district and delegaţiunii President delegaţiunii President, asociaţiunii County are required to complete and submit the accounts of the income and expenses.
The submission will be brought to the attention of General through publicaţiuni, as well as the budget, under the same conditions and with the same right of reclamaţiune.
Article 493 of the communal village Councils, rural and urban councils, county councils, and those of asociaţiunilor sub-county will select every year one year one comisiune checking in villages who composed the works councils and village councils in rural, consisting of three members, and the urban municipalities, counties and County asociaţiuni, of five members who are required to check the management and to conclude its findings report.
For small villages who do not choose a verification Commission, the task will be accomplished by the two officials.
Article 494 For incomes and expenses of each budget, the heads of the authorities, will conclude a definitive background which will contain the sections below.
For income: 1. Item numbers.
2. The nature of the income.
4. the rights established in favor of the authorities.
5. Amounts receivable (accounts, municipalities, counties and County of asociaţiunilor, will set up three sections, one of which "proceeds in the first 12 months," second order "amounts received in the six months from the time the third best;" and for "the total amounts collected").
6. the remaining Amounts receivable at the close of the financial year.
For expenses: 1. Item numbers.
2. The nature of the cheltuelilor.
3. The appropriations entered in the budget.
4. Appropriations opened.
5. Credits canceled.
6. final budget Allowance.
7. Entitlements owed by the commune.
8. Amounts paid, (for municipalities, counties and County asociaţiuni, will set up three headings in which the premium for "amounts paid during the first 12 months of the year," and the second for "amounts paid in the six months period, best;" and the third for "total amounts" 9. The appropriations remaining neîntrebuinţate.
10. remaining payment Amounts.
11. The amounts in the column: "the remaining appropriations neîntrebuinţate" cancelled by auditors.
Article 495 For unpaid expenses listed in the column "amounts outstanding", it will attach to the accounts compiled on articles in which shall appear the name of the supplier, the Act by which he rendered the expense, the time when the work was executed, when he provided the service or when he handed over the goods and the number of payment orders issued for payment. Reordonanţarea payment amounts in outstanding Ordinances, shall be made in accordance with the special provisions.
The expenses remaining unpaid for who does not order payment had, will not be considered as binding on the municipality, unless they have been committed within the limits of the Fund cancelled through the accounts, in accordance with article dela dispoziţiunilor article.
For the payment of such expenses, after the conclusion of the account, it will open up tremendous credit on the budget, or budget amounts provides the following year, with preference of any expenses.
Officials who have provided for expenses incurred in pictures over budget allocations, as well as those who have been made for the payment of such expenses, shall be punished with dismissal, in addition to the criminal penalty provided for in art. 479. For payment of these expenses, remain directly responsible staff, administrators and officials who they have hired without the budget allowance.
Article 496 For loans will not end separate accounts which are included in the General accounts article where they were collected.
Article 497 Cassierii will form the personal accounts of the financial management has been completed, except if an account Executive has not worked a whole financial year, when the account ends only on actual period served.
Article 498 management accounts have the following headings: 1. Situaţiunea dela early management.
4. at the end of Situaţiunea management with detailed indication of how numerariului and portfolio.
Accounts of who concern two exercises, will indicate the data exercises.
Services and businesses who have separate budgets, special accounts will be made following the same rules.
Article 499 For budgets and accounting of small villages, local Ministry directors will develop, on the basis of the law, a regulation implementing simplified, according to administraţiuni, these resources with local Review Committee.
Article 500 Accounts accompanied by the reports of the Commission for verification of all the supporting documents and reclamaţiunile what eventually would do, will be submitted to the respective Councils încuviinţării who would act in this case as for the vote on the budget.
After their polling and Declaration of Councils, rural villages, accounts and urban municipalities, as well as those of the municipalities, the counties and the County of asociaţiunilor, will be submitted to a local Review Committee to be researched and approved.
Local Review Committee judges the accounts of all mânuitorilor money and public materials you villages, communes, counties and municipalities, asociaţiunii or any other regions and establishments of public utility from the resort Manager.
Also, assess stocks of all who, with or without legal authorization, will be involved in the handling of public money, public or charitable institutions or authorities, materials from the preceding, and who thus were set up by accountants.
Article 501 As the control organ, the local Committee of revision notes and certifies the accounts after data on individual deciziunile, judged according to the preceding article, the accuracy of the accounts of the administraţiune of the House of Commons, plăşilor, municipalities, counties or County and asociaţiunilor of public utility facilities the resort Manager.
He is more pronounced: total or partial emission of securities deposited by various accountants you villages, communes, municipalities, counties or County asociaţiunilor and public utility facilities from the resort to the Directorate; claims for debt reductions made by these administraţiuni in the case of insolvency of the debtor; claims for prescriptions made by taxpayers from the Directorate, by rendering judgment at the time of contribuţiunilor; and contestaţiunilor to chases, made by accountants of these under article administraţiuni. 5 of the law.
For prosecuting these contestaţiuni is not necessary for the required amount recorded for prosecution.
Article 502 local Review Committee in its place, its atribuţiunile finding years of service you have officials of villages, communes, municipalities and counties, or asociaţiunilor County and public utility facilities within them, in accordance with the law of pensions.
Article 503 Are litigants directly by the revision Committee, all the puppet masters of money and materials, whose accounts are subject to its jurisdicţiunii, as well as any village official, municipal, County, parish, or who won't directoral be unreasonable amounts of money that will be entrusted to you for the performance of services or carrying out the works.
There are litigants local Committee review, administrators and accountants of municipalities, communes, villages, counties or County asociaţiunilor and public utility facilities, for delays in submission of accounts, in the presentation of the scriptelor and other supporting documents, for failure to include within the deadline, the documents requested by the Council and lămuririlor, as well as for any other irregularity in their warehouses.
Article 504 Deciziunile local Review Committee are subject to appeal to the High Court of Auditors within one month from the rock deciziunii communication, other than those relating to rural villages, communes and urban nereşedinţe, which are final.
These deciziuni are subject to final review within six months after the date when they were removed from him communicated to those concerned if the request for review shall be based on supporting documents which local Committee's review did not consider the pronunciation, or for errors or omissions, false entries in trace or with other accounts verification;
In these latter cases, the Committee can proceed, the review even ex officio.
SECTION IX Budgets and accounts of charity Article 505 of Budgets and public charitable institutions of the joint municipalities are subject to approval by the Municipal Council or municipal, except only if acts of fundaţiune and their organic laws do not have otherwise.
Their accounts shall be kept for accounting regulations set out after the House of Commons.
It exempts Hospitals from Kiselyov's Civil budget Bucharest, Kiselyov of St. Spiridon from Iasi, as well as human settlements facility in Madona Dudu, who will be subject to approval by the Assembly of Deputies.
Article 506 Examining budgets subject to their approval, communal and municipal councils can bring changes to trebuincioase, according to the statutes of those establishments and can be granted within the limits of funds subvenţiuni.
In the judgement, against their respective administraţiunile may call, those in rural and urban municipalities in delegaţiunea County, the municipality of la delegaţiunea County asociaţiunii.
Their Deciziunile are final.
Article 507 of Accounts and charitable institutions whose budgets are subject to approval by the communal or municipal councils, will be subject to the approval of the local Committee for investigation and review.
Chapter IV liability of the members of the communal councils and village councils asociaţiunilor County officials and the Mayor of the village of article 508 and the municipal President of the County delegation, members of the village councils, municipal, County, municipal, County and you asociaţiunilor delegaţiunilor village, County, municipal or County associations, and their officials are obliged to compensate the village, Township, municipality, County, or County's Association particularii of any loss they harmed would have caused wrongfully and without competence If the damage could not be repaired on the reform provided for by law. This general action, without injury or disciplinary action if the place.
Article 509 Actions for damages must be brought before the Court of first instance, in accordance with these rules of civil procedure.
Reclamaţiunile and all documents are made without stamp and freely.
Prezidentul Court at which the action was introduced, he is liable to încunoştiinţeze as soon as the local authority in question.
Article 510 if the official would prove that he worked under one order given in writing, the Court will be able to enter and the one who gave the order, and shall determine their responsibilities without the order of a superior, though it was clearly illegal, to defend the liability that it had executed, except where only the official will be referred in writing about his illegality.
In the case when the Court, dismissing the action, finding that she was brought in bad faith, will condemn the plaintiff cheltuelilor in addition to the payment process, a fine up to 1,000 lei, for the benefit of Social Workers.
Article 511 members of municipal councils, village communal and county councillors, and asociaţiunilor members of the delegaţiunii village, County and District Association may undergo judgment for failure to get together and discuss unlawfully.
In this case, the Mayor of the village and parish, Chairman of the delegation of the County, the County prefect, prezidentul delegaţiunii asociaţiunii County times, will ascertain through the report, which it will submit to the Prosecutor.
Prezidentul delegaţiunii asociaţiunii County, local and ministerial Director of the Interior Ministry, there will always be încunoştiinţaţi.
In addition to a penalty of up to 200 Veer PAL 1,000 lei, and jail days up to 15 generations from six months, members of law enforcement bodies, who are to lose their mandate and may be declared incapable of being elected to municipal councillors and aldermen, village district, for a period of three years from the presence of the pronunciation deciziunii.
Chapter V special Article About asociaţiuni 512 When councils of two or more villages, communes, cities or counties, agree and decide to unite with each other, apart from the General asociaţiunile County, various local administraţiuni, you can assign them for targeted, or even private persons and instituţiuni for works, services or undertakings of local interest the reciprocal for whose realization shall provide the necessary means, the Ministry of the Interior, taking the opinion of the central review, may authorize the establishment of such asociaţiuni.
Asociaţiunile will have a purpose, especially the realization of works, services and businesses for economic, cultural, or plumbing, and it will be on the basis of the statute.
Article 513 asociaţiunilor special Statutes, will necessarily show their purpose and mode of Administration Headquarters, control and exploitation, keeping the ordinary and extraordinary meetings, meetings of the police and how voting proceeds generally, asociaţiunii, who shall be the budget and accounts, report on revenue and cheltuelilor, the appointment and revocation of the personnel, the cases and the manner of the liquidation.
Asociaţiunii headquarters will determine the definitive date of authorization by the Ministry of Interior.
Article 514 Asociaţiunile special instituţiuni are entrusted with public legal personality.
Asociaţiuni established In article 515, can enter and other villages, communes, counties, municipalities, private individuals or instituţiuni than those already associated, but only with their consent and with the authorization required for incorporation.
Compliance with the same, with the same authorization, it may change and purpose for which asociaţiunea was founded.
Article 516 Administraţiunea each asociaţiuni is entrusted to a Council, established by law in generally face and status.
Asociaţiunii special Council will be composed of two representatives per village, municipality, town or County, nominated by the respective Councils, except in cases when the Statute will provides otherwise.
Private persons and instituţiunile, will be represented in the Council, in accordance with the provisions of the statute.
Immediately after the Constitution he chooses from his bosom a President, two vice presidents and a Secretary.
In case when a village Council, municipal, County or asociaţiunii County and after the delay i will make will not designate the delegates, rural or urban will be represented by the Mayor and first-aid or help most older people in the County by two members from the respective delegaţiunea, appointed by the President of the delegaţiunii County.
Article 517 Mandate village aldermen, delegates and their term of office lasts as district councilors; Councils concerned may, however, withdraw the times when delegaţiunea with the absolute majority of its members.
In the case of communal Council or dissolvents County delegation's mandate will continue until the new Board will nominate others.
Delegations whose mandates have expired can be reappointed.
In the event of death, demisiune, or from any other circumstances, the Council concerned shall provide the replacement through a new choice.
Article 518 asociaţiunilor Councils special ordinary General Assembly related twice a year at times fixed by the statute. They can meet and extraordinarily whenever you will need after the summons served during, with duty for it to încunoştiinţa in advance on the County prefect in head office asociaţiunii.
Prezidentul asociaţiunii Council is obliged to convene the Council and when requested by the county or prezidentul delegaţiunii one-third of its members.
Ministerial Director at the local prefect or asociaţiunile as they are based in the cities and in the villages, urban residences in rural communes and urban nereşedinţe, a prime positions of delegate, are entitled to attend the meetings of the Councils, and they will be obligated to listen to them when you get the word out and to rule on the proposals on what they would do.
Regulations concerning article 519 deliberations village councils, municipal or County, are applicable to the proceedings of the asociaţiunilor boards, as they are formed.
The decisions of the Councils are subject to the same approval asociaţiunilor with a desluşire that if the asociaţiune belongs to a municipality urban County, a city or County shall apply the rules of agreement prescribed for it, and if not, it will apply the rules prescribed for rural villages, communes and municipalities in urban nereşedinţe.
Approval will be given by the competent authorities in the county guardianship authorities or in situations in which the Directorate is situated, asociaţiunii.
Asociaţiunilor councils officials are assimilated with the Commons.
Article 520 Prezidentul Council asociaţiunii Council decisions and run represents the Association in court, whether or not provided for in the Council's Statute does not take based on other dispoziţiuni.
For its enforcement and for administraţiunea of asociaţiunii, the Council may delegate to the need, either from his bosom, either from the outside, a Supervisory Committee with powers that will give the marginele law and statute.
Under the same conditions he may appoint one or more delegates.
The term of Office of this Committee and the delegations, cannot compete for the duration of the Council.
Article 521 asociaţiunii Budget comprises all income of who has the necessary status and after expenses in income margins.
Accounting regulations applicable to accounting Directorate and asociaţiunilor if you do not have statutes otherwise.
Article 522 asociaţiunilor special Revenues comprise: 1. the Contribuţiunile villages, communes, counties or municipalities associated mandatory throughout the asociaţiunii within the limits prescribed by the statute or agreed by carrying out legal forms.
To cope with these contribuţiuni, villages, townships, cities or counties, may affect their income from ordinary or extraordinary, and the need for additional special vote tenths.
2. the persons or contributory private charitable institutions within the limits of the provisions of the Statute and the obligations taken.
3. averei movable or immovable Income of asociaţiunii;
4. the sums to be cashing out of established services.
6. Gifts and related.
7. any other income.
Article 523 copies of bank statements and budgets will submit your accounts every year, communes, villages, municipalities and counties as well as charitable institutions and persons who are part of asociaţiune.
Article 524 members of the communal councils, municipal or County, as well as private persons or associated instituţiunile may request at any time to peruse the minutes relating to the deliberaţiunile of the Council or any other acts of asociaţiunii.
Article 525 Asociaţiunea cease right through the expiry or by fulfilling the purpose for which it was authorized to set up.
She is disolvă by mutual consent of the parties associated with the approval of the Ministry of the Interior, by following the opinion of the central Committee for review.
However, Asociaţiunea can be disolvată and by the Ministry of Internal Affairs managerial decision taken with central Committee review, after a reasoned request of the majority of village councils, communal, municipal or County, associated or ex officio, with the opinion of the Committee for review and approval with the Council of Ministers.
Dissolvents and managerial decision will determine who will be ready in the wake of liquidation, subject to the rights of those of the third.
Title VIII General Dispoziţiuni and transitorii Organizaţiunea administraţiunii Article 526 of the capital, will form the subject of a special law.
Article 527 of the Administrative Council shall be dissolved on the date of the establishment of the central review Committee.
Article 528 of the interior service regulations will be developed jointly by the central Committee of review, which once approved by the Council of Ministers on the basis of the opinion of the Ministers of Interior and justice, published by Royal Decree, will regulate the functioning of central review Committee and local committees for review.
Article 529 a special law will specify the detailed rules of operation of the central Committee and local committees for review.
Until the promulgation of that law, those instances will conform to the principles and rules laid down by law and regulation, referred to in the previous article, as well as administrative regulations, referred to in art. 571. Article 530 a law for the Organization of the administrative courts, in accordance with dispoziţiunile of the Constitution, will regulate the appeal procedure and rules, regarding the local autonomous administraţiunile.
Staff and health care instituţiunile are subordinated and from a technical standpoint-both in terms of leadership and control of the superior authorities, specialist-, all remaining local authorities administrative and supervisory obligations, from the administrative point of view.
Article 532 to prepare law enforcement, will be drawn up by means of a log of the Council of Ministers, a central comisiune, that will operate until the effective entry into operation of the organs of local autonomy, as provided for in this law.
The workings of this comisiuni can be made with the approval of the Ministry of the Interior.
The aim of the Central Commission will be: 1. To study and propose to the Ministry of the Interior measures that must be taken immediately after the promulgation of the law, stating the purpose and existing local authorities or in accordance with articles specifically created, 533 and 571, law enforcement administration, such as the formation of electoral lists, organizing villages and communes, rural communes between December 1960, etc.
It sets the limits of the counties and municipalities who are part of them.
2. Any other measures ' would find necessary for the preparation of administrative law enforcement.
Central Comisiunea chaired by an Under-Secretary of State at the Interior, will be composed by the Secretary-General, a member of the central Committee of review, Directors-General of the Ministry of Internal Affairs, representatives of the Ministry of Finance (Director general of the general accounting of the State), the Ministry of public works (Director general of bridges and roads), Ministry of health (Director-general of the health service), the Ministry of the fields (Director general of livestock service) The Ministry of Public Instruction, (Director general of primary education) and other specialists appointed by the Interior Ministry.
The Ministers concerned may delegate, in place of the Directors-General on their respective Secretaries, when they will find it necessary to do so.
The directors will meet and the work of the secretariat, for their respective direcţiunile, and general manager of secretarial staff, general.
Comisiunea will work through a Steering Committee ' composed of the Undersecretary of State, the Secretary general and three members appointed by the Interior Ministry.
For the purposes of Article 533 of the aim of the Commission showed the Central under article. precedent will be subordinated to a provisional organization for law enforcement, consisting of: 1. Comisiuni chairs are presided over by the local ministerial Director respectively, and until the appointment of an inspector general, or by an official from the Ministry of Internal Affairs and staffed by constables counties. As Secretary general will work, Secretary of the County Council.
2. Comisiunile chaired by the prefects and the district composed of four members appointed by the Ministry of the Interior.
3. Comisiuni, chaired by pretori, consisting of two members appointed by the Ministry of the Interior.
Comisiunea and comisiunile chairs, will work through the Ministry of the Interior.
Comisiunile County through the prefectures.
Comisiunile of pretorat through the pretori.
All the paperwork will keep in separate folders, so whenever they can be close to the works made for law enforcement.
Article 534 of the communal Councils in urban settlements (towns and cities), now in operation, they may be disolvate, pending the enforcement, by Royal Decree, and in the countryside by managerial decision Ministry of Interior, without being asked for it any notice or other formality.
Article 535 in the case provided for in the previous article, until the county councils, communal and village of nouile elections, that will be performed in accordance with the law, will be put in place interim comisiuni.
Comisiunile and the interim County urban municipalities will be called for that purpose by the Ministry of Interior, with a number of 5-9 members of the prominent citizens of the voters, and for rural municipalities and villages, interim committees composed of 3-5 members will be appointed by the prefect.
Article 536 Comisiunile named interim will have the rights laid down in the present law for county councils and communities, except for loans and contracting documents available regarding wealth counties and municipalities. They may, however, exercise their rights of distributing batches, according to the law of parcel/plot in 1921.
Article 537 new elections, for municipal and county councils/village councils will take place after the Council of Ministers shall establish through a journal that preparatory work for the implementation of the law on administrative proceedings are concluded, but that term may pass over 6 months dela promulgation.
The elections will be carried out in coming days will be fixed by order of the Interior Ministry to summon voters, district and municipalities, and by order of the prefect of the County to summon voters to the other common to both urban and rural communities and voters.
Article 538 immediately after comisiunilor appointment provided for in art. 533, these will be fixed according to dispoziţiunile law, relative to the Organization of rural villages and communes, the number of communes and villages who belong to them, they will decide and the villages, who after the law, regulations will form a single municipality.
These works, together with the comisiuni of the Commission's report, will be subject to approval by the Ministry of the Interior.
Article 539 at most until 10 days fixing the boundaries of the rural municipalities of Dale and the respective villages, comisiunile. 533, will make entries of voters and will form the electoral lists, keeping in mind the membership of dispoziţiunile, in accordance with the law.
For the villages in who does not elect a village Council, apart from the electoral lists shall form the heads of family who are entitled to be part of the village Assembly.
On the basis of article 540 of these works called comisiunilor above, constables and praetors composing a list of residents who have membership, each of the villages to come to be formed, according to dispoziţiunilor above.
These lists will be displayed in each village and municipality, and the residents will be notified about the normal image display.
The inhabitants of the omişi in the list will be able to make opposition within a period of 10 days, at comisiunea. This is bound to rule on the complaints the day after the expiry of the above.
Stakeholders will be notified personally, within 3 days from the rock's pronouncement.
In 7 days, those interested in Dale will be able to appeal to the Court of the detour.
The judge acted, immediately upon presentation (application, where one finds an entry in the list, and founded to bring this decision to the attention of the Council respectively through the address.
Immediately after completing the procedure, which may not go over 45 days dela comisiunilor County, naming it after the dispoziţiunile electoral law, with regard to the voter rolls.
Article 541 that which was omitted from the list, a member of the commune and has made opposition, will be able to submit notice of opposition with the procedure and terms of decisive electoral law for voters, the courts have the right to adjudicate upon membership of the commune, in conjunction with the other conditions laid down for the entry in the list.
Comisiunea 15th century article 542 of the form dispoziţiunile, in accordance with the above, on the basis of lists of members of the village commune, voter rolls for rural municipalities, municipal councils, voter rolls for the urban commune; and comisiunile County, on the basis of previous works, will draw up the electoral list for the County, the procedure and within the time limits laid down in the above articles, with distincţiunea for contestaţiunilor judgment will be competent the courts by County.
Article 543 all work for completing the implementation of the present law, shall terminate not later than in 7 months dela promulgation.
Central Comisiunea on the basis of the preparatory work will be subject to the Ministry of the Interior, a project with all divisions or territorial subdivisions.
The Interior Ministry will submit the draft resolution, as the Council of Ministers.
On the basis of the Council of Ministers, the journal will be determined after the Interior Ministry proposal, counties belonging to each Directorate; territorial limits, number and names of plăşilor, suburban and rural communes, and the number of Councillors to be chosen.
All this will determine the number of sectors in cities and municipalities in urban and rural villages.
Article 544 not later than within ten days after the establishment of the district boards, they will be obligated to determine whether the County agree to form asociaţiunea, prescribed by law and in another ten days following their judgment, to inform the Ministry of the Interior.
The Interior Ministry, where he has not received the county councils ' decisions in this respect, within 20 days after the formation of their dela will attract the attention of the Presidents of the county councils which failed to perform the duties; and if after a further 10 days, the Ministry will be in possession of the place, from the majority of directorates from counties will submit the matter, the Council of Ministers, which shall decide, both in terms of the counties who did not gave their adhesion and contrazicerilor in terms of data type mismatches and what would not touch on matters of substance, which would establish between the counties who gave their adhesion to join.
Within 15 days from the moment of receipt for the Association from the presence of all counties from the preserve of a Directorate, or dela Council of Ministers decision on a bareboat basis, as indicated in the previous article, the county councils will be convened in order to nominate representatives for General asociaţiunilor County Councils.
Ministerial Director will regulate the day of formation of the Council meeting of the Association of County General for the composition of the articles of incorporation.
Article 546 Nouile administrative divisions referred to above shall enter into force on the dates set out in the decrees in question.
All divisions and residences, thus determined, will no longer be able to change in the future, than with the observation forms of law.
Article 547 From law enforcement, the designation of the members of their right to be part of various Councils, will be made by the Ministry of Interior for asociaţiunile County, municipalities and county councils, by the cities and for ministerial Director of the prefect, for rural communes and villages.
Article 548 will set up training schools for administrative, administrative officials of any local branch of administraţiunilor, agreed with the Ministry of public instruction.
By Royal Decree, based on log-the Council of Ministers shall lay down the rules for the Organization of these schools and the date when they will begin to operate.
Current paralegal schools will operate until the establishment and opening of schools above.
549 article a general law on the public finances, will determine who are the taxes and fees may be levied through unto the administraţiunile of local autonomy, for the benefit of the commune and the County.
Until then, remaining in force dispoziţiunile law, neither a refund will no longer give the municipality and County of the State, which, however, will take care to make available to them the sums for the service and salary, and officials from Central become servants of asociaţiunilor County, counties, municipalities or ai ai villages, until by special laws will be assigned asociaţiunilor counties, municipalities, and villages, the general tax law, mentioned above, income taxes with local nature.
Article 550 Ministry directors Salaries, school prefects, pretorilor and any other officials appointed by the central power in the 15th century, counties, municipalities and directorate, will be paid by the State, as well as their transport allowances and housing.
The salaries of public servants, both appointed by the central power, mentioned above, as well as of other servants of the General asociaţiunilor County, counties, municipalities and villages, will be fixed by the general law of organization of wages. Until then it will remain current ones or those fixed by special laws.
Article 551 Ministry of finance, in agreement with the internal data and will determine how it will make various amendments relating to the establishment of the financial resources of the villages, communes, counties, County asociaţiunilor, necessity of application of the present law.
Article 552 every village, municipality, district and asociaţiune County, will prepare an array of services needed, officials within the limits of funds and local needs, and in view of the present law.
Article 553 of the day of publication of the present law, manpower services, communities, villages and settlements of asociaţiunilor, you will not be able to be called than the generally stipulated by law.
Article 554 Officials who publication law will be found in the service without having to carry out rigid conditions for admissibility, required by law, shall be maintained with the provisional title.
By way of derogation to article 555 dela article 1 in the general law, notaries, notaries and ajutorii (former Secretaries of notaries within the meaning of article 366, paragraph 10 of law of administrative unification of 1925) from State officials, civil servants will benefit rural communes, and further from the general law of dispoziţiunile.
Delays due to general boarding House will be made of cassierii and aldermen that spill casse with the rule States.
Article 556 Constables in service to the promulgation of laws, are dispensaţi of the conditions required for the appointment of the Commissioner.
Article 557 Officials determine current from County or municipal administraţiunile, which by the amalgamation or reorganization of local services would remain neîntrebuinţaţi, will be appointed in similar functions, in any service, taking account of studies that will be given.
Article 558 of the Entire wealth of the former "countries Bucovina", coming from any source, is and remains the property of indiviză law of counties: Câmpulung, Cernăuţi, Storojineţ, Rădăuţi, Suceava and take them in their rights and obligations. This wealth can pass with the consent of the said counties, County Administration asociaţiunii from Chernivtsi, in the preserve if the Directorate establishment thereof.
The entire fortune of former district zemstva and volosts of Bessarabia, coming from any source, passing right over the respective counties, the former Wealth of the Bessarabian zemstva governmental, coming from any source, passing right over the counties from Chisinau, and the responsibility of the Directorate immediately after the formation of asociaţiunii County in this Directorate, this wealth will pass right over this asociaţiuni.
Article 559 County Councils shall be authorized to take the measures necessary to remedy will calculate the remnants from the benefits calculated in money, up to 31 Decemvrie 1924.
These measures shall be taken in the years 1929 and 1930, by conclusion subject to approval.
Article 560 After the promulgation of this law, the Ministry of the Interior, on the basis of proposals from the Ministry, local directors will set the number of pretorilor across the country.
Article 561 Comisiunile exams, prescribed in the law, for appointments to the various functions of the local government, will operate in addition to the local directorates and will be made up of members appointed by the Ministry of the Interior, after a list of presentation by the local directory.
A regulation will look like in detail, generally the exam, how it will be formed by comisiunea examinatorie, as well as the subjects and examination procedure.
Article 562 functionaries are in operation on the date of promulgation of the law, the Interior Ministry will be able to grant the dispensation of law generally required.
Article 563 All decisions, except those of the Interior Ministry, to take the opinion of the Committee delegaţiunilor the various local councils review, or with those of the central review Committee, will always be in accordance with that opinion, except for the case when the law expressly ordered otherwise, or when these delegaţiuni, the local committees of the central review Committee will be heard only in an advisory capacity.
Article 564 Up to the Organization's central Committee review and until the creation of local committees review all atribuţiunile EC conferred by this law shall be carried out by the Administrative Council, in the current formation.
Article 565 in all cases where the superior authority who is indebted by law to exercise a right of control over the proceedings of the various Councils of local autonomy, and their delegaţiunilor, and the village mayor or municipal laws, pretor, prefect and Director of the local ministerial, it must rule within the period of one month, when i was made aware of the Act or that the , or when the request was received, if the law provides for only out formal a period shorter or longer than this.
Article 566 if the authority in law, not acted within the deadline stipulated by law, deliberaţiunile or its acts subject to approval, shall be considered as approved, and the call is considered as rejected unless the law expressly provides otherwise.
Article 567 whenever the present law granted the right of appeal or recourse, in the absence of special dispoziţiuni, the call will be made within 10 days and the appeal within 15 days of deliberations or dela deciziunilor displaying what is attacking.
Article 568 All time limits laid down in this law, are counted on days off.
Article 569 disputes between villages, rural and urban areas, or, before the parties seek justice, are obligatory subject conciliaţiunii local Committee for review; He also disputes between other local administrations, as well as all disputes between local governments and the State, shall be subject to conciliaţiunii central Committee review.
When local governments in conflict lies in the different directorates, conciliaţiunea is made by the central Committee for review.
Article 570 With enforcement is in charge of the Council of Ministers, which is entitled to take all dispoziţiunile what would be necessary, for the implementation of the present law.
Article 571 Ministry of Interior will make administrative regulations, the provisions of this Act desvolta.
Article 572 Administrative Law for the unification of 14 June 1925, with all subsequent amendments, as well as dispoziţiunile from laws, decrees-laws, regulations or other oricari contrary to the law, are and shall remain abrogated.