Statute

GOVERNMENT OF THE CZECH REPUBLIC

Appendix to government’s resolution
dated 12 July 2000 No. 701

S T A T U T E

of the State Fund of Transport Infrastructure

Article 1
Preambles

1. The status of the State Fund of Transport Infrastructure (hereinafter referred to as “the Fund” ), its main tasks and principles of its activities are set out in Act No. 104/2000 Coll., about the State Fund of Transport Infrastructure and about an amendment to Act No. 171/1991 Coll., on the Powers of Authorities of the Czech Republic in Matters Regarding the Transfer of State Assets to Other Persons and the National Property Fund of the Czech Republic, as amended (hereinafter referred to as “the Act”). This statute sets out the system of management, organisational structure and legal status of employees of the Fund.

2. The Fund was established for an indefinite period of time.

Article 2
Principles of the Fund’s activities

1. The Fund was established by the Act.

2. The Fund is a legal entity, it is subordinate to the Ministry of Transport and Communications. The Fund is registered in the Commercial Register.

3. The activities of the Fund have to comply with the Act, this Statute, the organisational structure of the Fund and decisions of the Fund’s Committee.

4. Legal and financial status of the Fund is set out in the Act. The assets managed by the Fund are a property of the State.

5. The Fund keeps two separate book keeping systems so the Fund’s running costs can be separated from the activities, which the Fund is required to carry out under the Act. To do this the Fund opens bank accounts to finance individual financial projects approved in the Fund’s budget.

6. The assets with which the Fund will be entitled to operate will be determined in a decision of the Ministry of Transport and Communications. A separate bank account will be open for financing of the running costs of the Fund, advance payments will be made to this account to cover the running costs.

7. The Fund uses finances acquired in accordance with Article 4 of the Act to finance activities defined as the purpose of the Fund in Article 2 of the Act.

8. The Fund is required to act with caution and efficiency when using the entrusted finances.

Article 3
Main tasks of the Fund

1. The Fund carries out the activities defined in Article 2 of the Act as the purpose of the Fund. It uses its income for the benefit of development, construction, modernisation and maintenance of roads and motorways, railways and domestic waterways.

2. To carry out these tasks the Fund:

a) issues the obligatory procedures for financing of construction, modernisation and maintenance of transport infrastructure, which are included in the Fund’s budget approved by the parliament of the Czech Republic,

b) approves the obligatory procedures for public tenders for financial sources not included of the Fund’s budget,

c) issues rules for financing of programmes and financial projects in the medium-term prospect.

3. The Fund allocates contributions from relevant European Commission funds according to the approved co financed projects.

4. The Fund negotiates credit contracts within the approved contribution for a particular year.

5. The Fund acts as a consultant in maters related to financing and accounting of financial projects financed by the Fund.

6. The Fund invites tenders for the provision of financial contributions to research and design work, studies and specialist activities related to construction, modernisation and repair of roads and motorways, waterways significant for transport and national and regional railways.

7. The Fund provides financial contributions for programs aimed at the increase of transport safety and accessibility to persons with restricted movement and orientation.

8. The Fund is entitled to use the income defined by the Act towards the cost of the Funds activities. These costs are a part of the Fund’s budget, which is approved according to Article 5, paragraph 1 of the Act.

Article 4
Management of the Fund

1. The bodies of the Fund are the Committee, Supervisory board and the Director.

2. The Committee

a) The Committee has nine members. The Chairman of the Committee is the Minister of Transport and Communications.  The Deputy Chairman and the remaining seven members of the Committee are proposed by the Minister of Transport and Communications and appointed and recalled by the government, their term in office is four years. A member of the Committee can be in office for the maximum of two subsequent terms.

b) The Committee, except of matters included in Article 8 of the Act, approves especially:

ba) the release of money to individual financial projects in accordance with the Principles of financing programmes from the state budget, European Union funds, NATO funds and loans guarantied by the state, No. 113/5095/2000 (ISPROFIM),

bb) Fund’s regulations,

bc) systemisation of the Fund’s administration,

bd) budget for Fund’s running costs.

c) The Committee sets out the scope of the disposition rights for the Director and the Deputy Director of the Fund.

d) The Committee approves proposals for inspections of beneficiaries.

 

3. Supervisory board

a) The Supervisory board consists of five members and its activities are set out in Article 9 of the Act.

b) Meetings of the Supervisory board are in accordance with the Fund’s procedures approved by the Supervisory Board in a resolution.

 

4. Director

a) Director of the Fund is the statutory body of the Fund.

b) During the Director’s absence he/she is represented by the Deputy Director.

c) The Director of the Fund especially:

ca) carries out decisions of the Committee with respect to making financial contributions to financial projects according to Article 2 of the Act, invites tenders for financial sources in the scope of the approved budget,

cb) carries out other measures approved or discussed by the Committee,

cc) manages activities of the Fund’s administration,

cd) submits the proposal of the Fund’s regulations and systemisation of the Fund’s employees to the Committee for an approval, 

ce) submits the proposal of the running costs of the Fund to the Committee for an approval.

d) Structure of the Fund, job description and relations between individual sections and departments and the powers of their heads and other employees entitled to act on behalf of the Fund are given in the regulations of the Fund, which are proposed by the Director of the Fund and issued by the Committee of the Fund. 

e) For internal administration of the Fund the Director issues especially:

ea) work regulations,

eb) regulations on documentation,

ec) regulations on discarding,

ed) regulation on signing of documentation.

Article 5
Structure of the Fund

 

1. The structure of the Fund is divided into:

a) Secretariat of the Director,

b) Department of Administration of Financial Sources,

c) Department of Realisation of Financial Sources.

2. Further division of departments is in the authority of the Director of the Fund.

 

Article 6
Employees of the Fund

 

1. Senior employees of the Fund are appointed and recalled by the Director of the Fund according to the relevant clauses of the Labour Act.

2. The Fund creates conditions for permanent professional development of employees selected according to their specialisation in the form of courses, training, seminars, study trips and other activities in the Czech Republic and abroad.  Following the approval of the Funds Committee’s it is possible to arrange for specialised lectures to be carried out by individuals and legal entities.

 

Article 7
Closing provisions

 

1. This statute comes to power on 13 July 2000.

2. Changes and amendments to this statute are proposed by the minister of transport and communications and are approved by government.