大连市行政处罚委托规定
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大连市行政处罚委托规定
大连市行政处罚委托规定
大连市人民政府
第一条 为规范行政处罚委托行为,保证行政处罚委托行为依法进行,根据《中华人民共和国行政处罚法》(以下简称《行政处罚法》)及国家有关规定,制定本规定。
第二条 本规定所称行政处罚委托,是指行政机关依照法律、法规或者规章的规定,将其拥有的行政处罚权委托给符合法定条件的组织行使。受委托实施行政处罚的组织在委托范围内,以委托机关的名义实施行政处罚。
第三条 大连市人民政府和区、市、县人民政府所属行政机关及其被委托的事业组织,均应遵守本规定。
第四条 行政机关依照法律、法规或者规章的规定,可以在其法定权限内委托符合《行政处罚法》第十九条规定条件的事业组织实施行政处罚。
第五条 受委托组织必须具有相应数量经培训考核合格并取得行政执法资格的人员,不得聘用合同工、临时工从事行政执法工作。
第六条 委托机关必须以书面方式对受委托组织进行委托。委托书必须使用市政府法制办统一制定的文本。
签约的委托应报同级人民政府法制机构备案。
第七条 受委托组织必须在委托权限范围内,以委托机关的名义实施行政处罚;受委托组织不得再委托其他任何组织或者个人实施行政处罚。
第八条 委托机关应加强对受委托组织行使行政处罚权的监督;并承受委托组织行使行政处罚权所产生的法律责任。
第九条 委托机关对委托组织不能正确行使行政处罚权的,应及时责令改正,并可暂停或终止委托;对超过委托范围实施行政处罚造成严重后果的,应追究直接责任人的行政责任。
第十条 本规定实施前,市政府发布的政府规章中已经规定将行政处罚权委托事业组织实施的,继续有效;规定将行政处罚权授权事业组织实施的,一律改为可以委托(不另行文)。以上委托有关程序不符合本规定要求的,均按本规定重新办理。
第十一条 本规定由大连市人民政府法制办公室负责解释。
第十二条 本规定自发布之日起施行。
1996年11月1日
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PROTECTION OF WAGES ON INSOLVENCY ORDINANCE ——附加英文版
PROTECTION OF WAGES ON INSOLVENCY ORDINANCE
(CHAPTER 380)
CONTENTS
ion
I PRELIMINARY
hort title
nterpretation
II PROTECTION OF WAGES ON INSOLVENCY FUND BOARD
stablishment and incorporation of Wages on Insolvency Fund Board
unctions and powers of the Board
oard to be subject to directions of the Governor in Council
III FUND
stablishment of Protection of Wages on Insolvency Fund
ayments from the Fund
IV FINANCIAL PROVISIONS
inancial year and estimates
ank account
Investment of moneys
Accounts
Auditors
Statements and reports to be laid on table of Legislative Council
Costs of administering the Fund
V PAYMENT FROM THE FUND
Entitlement to apply for ex gratia payment
Payment
Review by Board
Additional power of Commissioner
Verification of application
Decisions under this Part not to be challenged
Power of Commissioner to delegate
Payment not to affect right to legal aid
Proof by certificate
VI RECOVERY OF PAYMENTS
Subrogation
Recovery of payment made by mistake
VII MISCELLANEOUS
Offences
Regulations
Power of Governor to amend Schedule
Transitional
dule Protection of Wages on Insolvency Fund Board
rovide for the establishment of a board to administer the
Protection
ages on Insolvency Fund, to provide for payment of monies from
the
to employees whose employers become insolvent; and for matters
ected therewith or incidental thereto.
April 1985] L. N. 100 of 1985
PART I PRELIMINARY
hort title
Ordinance may be cited as the Protection of Wages on
Insolvency
nance.
nterpretation
his Ordinance, unless the context otherwise requires--
licant" means any person who would, on the winding up of a company,
be
tled to priority under section 265 (1) (b), (c), (ca) or (cc) of
the
anies Ordinance (Cap. 32) or who would, on a bankruptcy, be
entitled
riority under section 38 (1) (b), (c), (ca) or (cc) of the
Bankruptcy
nance (Cap. 6) other than a person whose employer is an individual
and
is a member of the family of that employer and who dwells in the
same
ling as that employer; (Amended 48 of 1987 s. 2; 38 of 1989 s.
2)
kruptcy petition" means a bankruptcy petition under the
Bankruptcy
nance (Cap. 6);
rd" means the Protection of Wages on Insolvency Fund Board
established
ection 3;
missioner" means the Commissioner for Labour;
pany" means any body which is liable to be wound up
under the
anies Ordinance (Cap. 32);
ancial year" means the financial year of the Fund fixed under
section
Fund" means the Protection of Wages on Insolvency Fund referred
to in
ion 6;
y" has the meaning assigned to it by section 2 of the
Business
stration Ordinance (Cap. 310);
everance payment" means a severance payment payable by an
employer to
mployee under section 31B (1) of the Employment Ordinance (Cap.
57);
laced 45 of 1991 s. 2)
"wages" means wages or salary in respect of
h an applicant would, on the winding up of a company, be entitled
to
rity under section 265 (1) (b) or (c) of the Companies Ordinance
(Cap.
or who would, on a bankruptcy, be entitled to priority under
section
1) (b) or (c) of the Bankruptcy Ordinance (Cap. 6), save
that the
nt specified in section 265 (1) (b) or (c) of the Companies
Ordinance
. 32) or section 38 (1) (b) or (c) of the Bankruptcy Ordinance
(Cap.
as the case may be) as the maximum amount in respect of
which an
icant would be entitled to priority, or any amount
substituted
efor under section 265 (1A) or (1B) of the Companies Ordinance
(Cap.
or (as the case may be) section 38 (2), (2A) or (2B) of the
Bankruptcy
nance (Cap. 6), shall not apply; (Amended 15 of 1993 s. 2)
"wages in lieu of notice" means wages in lieu of notice in respect
of
h an applicant would, on the winding up of a company, be entitled
to
rity under section 265 (1) (cc) of the Companies Ordinance (Cap.
32),
ould, in a bankruptcy, be entitled to priority under section 38
(1)
of the Bankruptcy Ordinance (Cap. 6), save that the amount
specified
ection 265 (1) (cc) of the Companies Ordinance (Cap. 32) or
section 38
(cc) of the Bankruptcy Ordinance (Cap. 6) (as the case may be)
as the
mum amount in respect of which an applicant would be
entitled to
rity shall not apply; (Added 48 of 1987 s. 2. Amended 15 of 1993
s. 2)
ding-up petition" means a winding-up petition under Part V or X
of the
anies Ordinance (Cap. 32).
PART II PROTECTION OF WAGES ON INSOLVENCY FUND BOARD
stablishment and incorporation of Wages on Insolvency Fund Board
There is hereby established a board to be known as the Protection
of
s on Insolvency Fund Board and in the Chinese language as which
shall
body corporate.
The Board shall consist of a Chairman appointed under the Schedule
and
more than 10 members appointed by the Governor as follows--
subject to paragraph (b) not more than 4 public officers;
equal numbers of persons who, in his opinion, represent employers
and
ons who, in his opinion, represent employees.
The Governor shall give notice of each appointment by notice in
the
tte.
The Schedule shall have effect with respect to the Board.
unctions and powers of the Board
The Board shall have the following functions--
to administer the Fund;
to make recommendations to the Governor with respect to the
rate of
; and
to perform such other duties as are imposed or other powers as
are
erred on it by this Ordinance.
The Board may do all such things as are necessary for, or
incidental
onducive to, the better carrying out of the functions of the Board
and
in particular, but without prejudice to the generality
of the
going--
hold, acquire or lease all kinds of property whether
movable or
vable;
sell or otherwise dispose of all kinds of property whether movable
or
vable;
subject to section 10, invest its funds in such manner and to
such
nt as it thinks necessary or expedient; and
with the prior consent of the Financial Secretary, borrow
money in
manner and on such securities or terms as it thinks expedient.
oard to be subject to directions of the Governor in Council
Governor in Council may give to the Board such directions as he
thinks
with respect to the exercise of its functions under this Ordinance
and
Board shall comply with any such direction.
PART III FUND
stablishment of Protection of Wages on Insolvency Fund
fund known as the Protection of Wages on Insolvency Fund
established
r the provisions of section 21 of the Business Registration
Ordinance
. 310) in force immediately before the commencement of this
Ordinance
l be deemed to be established and continue in existence under
this
ion, and shall consist of--
moneys that are paid by the Commissioner of Inland Revenue under
that
ion whether paid before or after the commencement of this
Ordinance;
moneys recovered under Part VI;
interest and other income derived from the moneys and
investments
rising the Fund; and
other moneys lawfully paid into the Fund.
ayments from the Fund
e shall be paid from the Fund the following--
payments to applicants under section 16;
expenses incurred by the Board for the purposes of this Ordinance;
capital, interest and charges in respect of any loan; and
any other sums required or permitted to be paid by the Fund under
this
nance.
PART IV FINANCIAL PROVISIONS
inancial year and estimates
The Board may, from time to time, with the prior approval
of the
rnor, fix a period to be the financial year of the Fund.
In each financial year, before a date to be fixed by the Governor,
the
d shall submit to the Governor, for his approval, estimates
of the
me and expenditure of the Fund for the next financial year:
ided that the estimates for the first financial year of the Fund
shall
ubmitted as soon as practicable after the commencement
of this
nance.
The Governor shall consider the estimates submitted to
him under
ection (2) and may approve or reject them and, in the
case of
ction, may require the Board to resubmit the estimates
modified in
manner and within such time as the Governor may direct.
The Board may, from time to time, vary the estimates approved
under
ection (3) and shall, as soon as practicable, deliver to the
Governor
atement in writing containing details of any variation.
ank account
Board shall open and maintain an account with a bank approved by
the
ncial Secretary and shall pay all moneys of the Fund
into that
unt.
Investment of moneys
moneys of the Fund that are not immediately required by the Board
may
deposited on fixed term or call deposit or in a savings account
in
bank licensed under the Banking Ordinance (Cap. 155); or
with the prior approval of the Financial Secretary, invested in
such
r investments as the Board thinks fit.
Accounts
Board shall--
keep and maintain such accounts and records of all transactions
of the
as the Director of Accounting Services may require; and
after the end of each financial year cause to be prepared a
statement
he accounts of the Fund which shall include an income and
expenditure
unt and balance sheet and shall be signed by the Chairman.
Auditors
The Board shall at the commencement of each financial year
appoint
tors, who shall be entitled to have access to all books of
account,
hers and other records kept by the Board and to
require such
rmation and explanations as they may think fit.
The auditors shall audit the statement of accounts prepared
under
ion 11 and shall report thereon to the Board.
Statements and reports to be laid on table of Legislative Council
The Board shall, within 6 months after the end of each financial
year
uch further time as the Governor may for any particular year
allow,
it to the Governor a report on the activities of the Board for
that
ncial year including copies of the statement of accounts
prepared
r section 11 and the report made under section 12.
The Governor shall cause the reports and statements received
by him
r subsection
to be laid on the table of the Legislative Council.
Costs of administering the Fund
All costs and expenses incurred by the Government in
administering the
shall be a charge upon general revenue.
The Financial Secretary may direct that a supervision fee
to be
rmined by him, in relation to such period as may be determined
by him,
l be charged against the income of the Fund and shall at a
time
rmined by him be paid to him by the Board from the Fund and paid
by
into general revenue.
PART V PAYMENT FROM THE FUND
Entitlement to apply for ex gratia payment
Subject to this Part, an applicant to whom--
wages are due and unpaid;
wages in lieu of notice are due and unpaid; or
the liability to be paid a severance payment has arisen
and the
rance payment is unpaid, whether or not the severance payment is
then
may apply for an ex gratia payment from the Fund in respect of
the
s, wages in lieu of notice or the severance payment, as the case
may
or all or any of them. (Replaced 38 of 1989 s. 3)
An application under subsection (1) (in this Part called an
lication" ) shall be made to the Commissioner in writing in a
form
oved by him. (Amended 48 of 1987 s. 3)
No applicant shall apply for payment from the Fund in respect of
any
s for services rendered before 1 April 1985.
No applicant shall apply for payment from the Fund in respect of
wages
ieu of notice arising out of a contract of employment
terminated
re the commencement of the Protection of Wages on Insolvency
ndment) Ordinance 1987 (48 of 1987). (Added 48 of 1987 s. 3)
No applicant shall apply for payment from the Fund in respect
of a
rance payment the liability for payment of which arose
before the
encement of the Protection of Wages on Insolvency
(Amendment)
nance 1989 (38 of 1989). (Added 38 of 1989 s. 3)
Payment
Subject to subsections (1B) and (2) where it appears
to the
issioner that an employer has failed to pay any wages, wages in
lieu
otice or severance payment, as the case may be, or all or any of
them
n applicant and that--
in the case of an employer who is not a company--
a bankruptcy petition has been presented against him; or
he has committed an act of bankruptcy within the meaning of
section 3
he Bankruptcy Ordinance (Cap. 6) but a petition cannot be
presented
nst him by reason of section 6 (1) (a) of that Ordinance; or
(Replaced
f 1988 s. 2)
in the case of an employer who is a company, a winding-uppetition
has
presented against that employer,
ay make an ex gratia payment to the applicant out of the Fund of
the
nt of the wages, wages in lieu of notice or severance payment,
as the
may be, or all or any of them.
When the Commissioner makes a payment under subsection (1) (a)
(ii),
hall give notice of the payment and the reasons therefor
in the
tte. (Added 41 of 1988 s. 2)
Where an application has been made in respect of a severance
payment
h is not due at the date of the application, the
Commissioner may
r consideration of the application until the severance payment
becomes
(Added 38 of 1989 s. 4)
The Commissioner shall not make any payment under subsection
(1)--
to the applicant unless the applicant has verified his
application by
atutory declaration in a form approved by the Commissioner;
) of an amount exceeding $18,000 in respect of wages; (Replaced
15 of
s. 3)
) (Repealed 15 of 1993 s. 3)
in respect of wages for services rendered more than 4 months prior
to
date of application;
in respect of wages in lieu of notice--
) of an amount exceeding--
the equivalent of 1 month's wages of the applicant; or
$6,000,
hever is the lesser; or (Amended 15 of 1993 s. 3)
subject to subsection (2A), which became due more than 4 months
prior
he date of application; or (Replaced 38 of 1989 s. 4)
in respect of a severance payment--
of an amount exceeding the aggregate of $8,000 and half of that
part
he applicant's entitlement to severance payment in excess of
$8,000;
Replaced 45 of 1991 s. 3)
the liability for payment of which arose more than 4 months prior
to
date of application. (Added 38 of 1989 s. 4)
Subsection (2) (e) (ii) shall not apply to wages in lieu of
notice
ing out of a contract of employment terminated before the
commencement
he Protection of Wages on Insolvency (Amendment) Ordinance 1989
(38 of
). (Added 38 of 1989 s. 4)
) The Legislative Council may be
lution amend the period specified in subsection (2) (e) (i) (A)
or the
nt specified in subsection (2) (b), (e) (i) (B) or (f) (i).
(Added 48
987 s. 4. Amended 15 of 1993 s. 3)
nded 48 of 1987 s. 4; 38 of 1989 s. 4)
Review by Board
Any applicant aggrieved by any decision of the Commissioner
under
ion 16 may in writing--
request the Commissioner to give reasons for that decision; and
after being given reasons under paragraph (a),
request the
issioner to refer the application to the Board.
Upon receiving a request from an applicant under subsection (1)
(b),
Commissioner shall forward all documents relating to the
application
he Chairman of the Board.
The Board may confirm or vary any decision of the Commissioner
on an
ication referred to it under this section or may for those
purposes
ire the Commissioner to make further inquiries relating
to the
ication.
Additional power of Commissioner
Notwithstanding that in any particular case a petition referred
to in
ion 16 (1) (a) (i) or (b) has not been presented against an
employer,
Commissioner may, subject to subsection (2) of that section,
make an
ratia payment under that section in that case if in his opinion--
nded, 41 of 1988 s. 3)
the employer employs less than 20 employees;
sufficient evidence exists to support the presentation of a
petition
hat case on the ground--
if the employer is a company, that he is unable to pay his debts;
or
if the employer is a person other than a company, that
he has
itted an act of bankruptcy; and
it is unreasonable or uneconomic to present a petition in that
case.
Where the Commissioner exercises his discretion under
subsection (1)
ake payment, he shall give notice in the Gazette stating that,
in his
ion, sufficient evidence exists to support the
presentation of a
tion on the ground--
if the employer is a company, that he is unable to pay his debts;
or
if the employer is a person other than a company, that
he has
itted an act of bankruptcy.
Nothing in subsection (2) shall require the Commissioner to give
more
one notice in respect of each employer.
No action shall lie against the Commissioner in respect of any
notice
n under subsection (2).
Verification of application
For the purpose of verifying any application under section 15,
or if
equired by the Board under section 17 (3), the Commissioner may
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漳州市人民政府关于印发漳州市安全生产工作约谈制度的通知
漳州市人民政府关于印发漳州市安全生产工作约谈制度的通知
漳政综〔2009〕51号
各县(区、市)人民政府,漳州、常山开发区管委会,市直有关单位:
为加强我市安全生产工作,严格落实安全生产职责,建立安全生产长效机制,根据我市实际,制定《漳州市安全生产工作约谈制度》,现印发给你们,请严格遵照执行。
漳州市人民政府
二○○九年四月二十二日
漳州市安全生产工作约谈制度
第一条 为进一步加强安全生产工作,落实安全生产主体责任,依据《中华人民共和国安全生产法》、《生产安全事故报告和调查处理条例》、《福建省安全生产条例》等有关法律法规和省政府《政府及有关部门安全生产监督管理职责暂行规定》,结合我市实际,特制定本制度。
第二条 安全生产工作约谈制度是指就安全生产方面的突出问题,上级人民政府或政府安委会对下级人民政府领导、有关部门负责人、生产经营单位主要负责人进行戒勉谈话的制度。
第三条 约谈对象
(一)事故多发地的人民政府以及事故多发行业部门的主要领导或分管领导;
(二)发生重大或一年内发生两起以上较大事故的人民政府、行业主管部门的主要领导或分管领导;
(三)死亡人数超出下达的控制指标或超过序时进度的人民政府、行业主管部门的主要领导或分管领导;
(四)未全面贯彻落实安全生产工作部署的人民政府、行业主管部门的主要领导或分管领导。
(五)责任追究不到位、整改措施不落实的人民政府、行业主管部门的主要领导或分管领导和生产经营单位主要负责人;
(六)存在重大安全隐患未按规定及时整改的人民政府、行业主管部门的主要领导或分管领导和生产经营单位主要负责人;
(七)发生较大及以上安全事故的生产经营单位主要负责人;
(八)认为有必要约谈的相关人员。
第四条 约谈内容
(一)听取被约谈单位的安全生产管理基本情况的汇报,包括机构人员、安全生产责任制、安全生产管理规章制度、安全操作规程、安全检查、安全投入、隐患整改、安全宣传教育培训等方面的制度建设和贯彻执行情况。
(二)听取对发生事故单位事故现场应急救援,事故原因分析,采取防范措施,强化安全责任等汇报。
(三)听取对隐患单位隐患久拖不改或逾期未完成整改的原因分析,下一步整改措施,整改责任落实等汇报。
(四)上级人民政府或政府安委会领导对被约谈单位进行批评,严肃指出存在问题,提出整改要求。被约谈单位要作出整改表态。
第五条 约谈时限
约谈原则上在确定约谈对象后一周内由市政府安委会组织进行。
第六条 约谈程序
(一)约谈前,书面通知约谈对象,告知约谈时间、地点、需要提交的相关材料;
(二)约谈时,应安排专人记录,形成约谈纪要并及时反馈被约谈单位;
(三)约谈后,被约谈单位应在5个工作日内将约谈要求落实情况以书面形式上报市政府安委会。
第七条 约谈对象必须按要求准时参加约谈,不得委托他人。对无故不参加约谈或不认真落实约谈要求的单位和个人将予以批评教育,并记入单位及个人的业绩考核分值;对不落实约谈要求的,对有关单位和个人进行通报、责成检查,同时取消本年度评优评先资格;对需进行责任追究的,按管理权限移送有关部门处理。
第八条 在约谈整改期间,因未及时消除事故隐患而引发安全生产事故的,对有关责任单位和责任人依法严格追究责任。
第九条 本约谈制度不代替对安全生产违法违规行为的行政处罚、纪律处分和法律处罚。
第十条 县(市、区)人民政府、市直有关部门结合本行政区(部门)实际制定本地区、本系统的约谈制度。
第十一条 漳州、常山开发区管委会参照本制度执行。
第十二条 本制度自下发之日起实行。