Property Management Rules ****************************************************************************************** * ****************************************************************************************** Under section 36 (2) of Act No. 111/1998 Sb., to regulate higher education institutions an amend other laws (“the Higher Education Act”), the Ministry of Education, Youth and Sports Property Management Rules of Charles University under Ref. No. MSMT-38084/2016 on 14 Decem   ……………………………..                                                                                      Gondková                                                                          Director of Department ****************************************************************************************** * Property Management Rules of Charles University of 14 December 2016 ****************************************************************************************** Under sections 9 (1) (b) and 17 (1) (k) of Act No. 111/1998 Sb., to regulate higher educat and to change and amend other laws (the Higher Education Act), as amended, and under Artic Constitution of Charles University, as amended, the Academic Senate of Charles University following Property Management Rules of Charles University as an internal regulation of the ****************************************************************************************** * Article 1 Introductory Provisions ****************************************************************************************** 1.This regulation stipulates the rules for property management of Charles University (the 2.Property management means the acquisition, use, alienation, and deprivation of property. ****************************************************************************************** * Article 2 Acquisition of Property ****************************************************************************************** 1.The University owns property required for the activities stated in Article 2 of the Cons Charles University (the “Constitution”). 2.Other property may be acquired by the University only providing that the property serves of the activities mentioned in paragraph 1, and providing that the costs of managing suc not endanger the performance of tasks in educational, scientific, research, development, artistic, or other creative activities (“creative activities”). ****************************************************************************************** * Article 3 Essential Property Management Duties ****************************************************************************************** 1.University property must be identified, listed, appraised, and recorded in a prescribed 2.The property must be duly maintained, repaired as required, duly used to perform the tas Article 2, and protected, including the use of legal means of protection against persons in the exercise of property rights, caused damage to the property of the University, or enrichment to the detriment of the University. 3.The duty to use legal means of protection does not apply to the collection of claims up of CZK 10,000, or if there are reasonable concerns that the cost of the use of legal mea the amount of claim being collected, and if the results of use of such means is consider If the claim amounts to more than CZK 100,000 the decision that the claim will not be co by the Rector, if the amount of the claim is more than CZK 300,000 the Rector must first opinion of the Academic Senate of the University. The matters of claims resulting from u study in a faculty are always decided by the dean. 4.The property is used in accordance with the directly applicable regulations of the Europ state aid. ****************************************************************************************** * Article 4 Budgetary Coverage of Expenses ****************************************************************************************** 1.University expenses related to the acquisition and management of property must be covere with the exception of cases mentioned in paragraph 2. 2.The exception in the case of dealing with the consequences of natural disasters and othe events may be granted by the Rector or by the Chief Financial Officer, if he was authori the Rector. ****************************************************************************************** * Article 5 Inalienable Property ****************************************************************************************** 1.The inalienable property of the University consists of the following: a.Karolinum (Article 60 of the Constitution); b.academic insignia of the University and the faculties (Article 55 of the Constitution) c.rights in the trademark of the University coat of arms (Article 56 (3) of the Constitu d.archival records of the University, and land, buildings, and other things, rights, and are, according to the resolution of the Academic Senate of the University, historicall University. 2.Inalienable property may not be transferred to another person. ****************************************************************************************** * Article 6 Redundant and Unusable Property ****************************************************************************************** 1.Redundant property is property the University does not need to perform the tasks stated (1). However, redundant property is not such property that may be used by entrusting the another faculty or unit of the University. Redundant property may be offered for sale to or donated for public benefit. 2.Unusable property are things that are worn, damaged, or obsolete to such an extent that longer serve their original or required purpose. Unusable property may also include thin be used only at the cost of considerable losses caused by the operating properties of su Unusable property may be offered for sale to another person, or scrapped. A building is property if the land on which it is located is to be subject to clearing. 3.The decision that certain property is redundant or unusable is made within the powers of the person stated in Article 50 of the Constitution after possible assessment of the pro commission. The decision must be made in writing. In stipulated cases the decision is ma opinion and consent of relevant bodies has been issued. Before making a decision on redu property it is necessary to check that other faculties or units of the University are no in using such property; the interest may be checked also through email to the Chief Fina secretaries of faculties, and directors of other units. 4.The provision of paragraph 3 does not apply to disposable things or to property with a p below CZK 10,000. 5.The provisions of legal regulations governing the disposal of certain things, rights, or prejudiced by the provisions of paragraphs 1 to 3. 6.Immovable property may be transferred to another person only if it is redundant or unusa may decide on an exception after an opinion and consent has been issued by the relevant case of exchange of immovable property, providing that through such exchange the Univers property that will serve better the performance of tasks stated in Article 2 (1) or in c is provable that maintenance of the immovable property is uneconomical. In such a case i to transfer the immovable property in public interest to another person including also b transfer. 7.The disposition of redundant or unusable property must not constitute prohibited state a purposes of directly applicable regulations of the European Union. ****************************************************************************************** * Article 7 Entrusting Performance of Property Management to Units of the University ****************************************************************************************** 1.The performance of property management is entrusted to faculties and other units in the their participation in educational and creative activities as well as supplementary acti University. 2.The decision to entrust performance of immovable property management under paragraph 1 a on changes is always made by the Rector, or possibly the Chief Financial Officer if auth Rector to do so; unless such a decision concerns individual non-residential premises or always necessary to obtain previous opinion of the academic senate of the relevant facul and of the Academic Senate of the University. 3.In case of doubt, as to which unit of the University was entrusted to manage the relevan decision is made by the Rector or possibly the Chief Financial Officer if authorised by so. 4.The entrusted property is recorded according to individual units of the University. ****************************************************************************************** * Article 8 Entrusting Property to Employees and Students ****************************************************************************************** 1.The property of the University may be entrusted to its employees in accordance with empl regulations. 2.The property of the University may be entrusted to students of the University in accorda contract. 3.The decision to entrust property under paragraph 1 and 2 is made by a person stated in A the Constitution of the University, unless it concerns ordinary use in relation to perfo study, accommodation in dormitories or eating in the refectories. 4.Special records of the property entrusted to employees and students are kept by the rele University. ****************************************************************************************** * Article 9 Use of Property by Other Persons ****************************************************************************************** The property of the University may be loaned to another person for use exclusively on cond cannot endanger the activities stated in Article 2 (1) and on condition that the Universit use such property with greater or equivalent benefit. The loan of property for use by–anot not amount to prohibited state aid for the purposes of directly applicable regulations of Union. ****************************************************************************************** * Article 10 Authorisation ****************************************************************************************** Other details of the University property management may be stipulated by a Rector’s direct or Chief Financial Officer also issue directives to implement Act No. 563/1991 Sb., to reg as amended, at the University. ****************************************************************************************** * Article 11 Final Provisions ****************************************************************************************** 1.Property Management Rules of Charles University in Prague registered by the Ministry of and Sports on 13 March 2000, as amended, are hereby repealed. 2.This internal regulation was approved by the Academic Senate of the University on 25 Nov 3.This internal regulation comes into force on the date of registration by the Ministry of Youth and Sports. 4.This internal regulation becomes effective on the first day of the calendar month follow coming into force. PhDr. Tomáš Nigrin, Ph.D. Prof. MUDr. Tomáš Zima, DrSc. President of the Academic Senate Rector Translator’s note: Words importing the masculine include the feminine, and unless the cont requires, words in the singular include the plural, and words in the plural include the si The legal regulation of the European Union on state aid, in particular Article 107 et seq. the Functioning of the European Union. The legal regulation of the European Union on state aid, in particular Article 107 et seq. the Functioning of the European Union. The legal regulation of the European Union on state aid, in particular Article 107 et seq. the Functioning of the European Union. S. 36 of the Higher Education Act. The registration was completed on 14 December 2016.