山东省事业单位机构编制管理规定
山东省人民政府
山东省事业单位机构编制管理规定
（2003年1月7日山东省人民政府第29次常务会议审议通过 2003年2月10日山东省人民政府令第152号公布）
第一章 总则
第一条 为加强和规范事业单位机构编制管理，根据国家有关法律法规和政策，结合本省实际，制定本规定。
第二条 本规定所称事业单位，是指为了社会公益目的，由国家机关举办或者其他组织利用国有资产举办，并纳入各级机构编制部门管理范围的社会服务组织。
第三条 本省行政区域内的事业单位机构编制管理适用本规定。法律法规另有规定的，从其规定。
第四条 事业单位机构编制管理坚持政事分开和精简、效能、节约的原则，实行总量控制与分类管理。
第五条 事业单位机构编制管理实行统一领导、分级负责的体制。省机构编制委员会统一负责全省事业单位机构编制管理工作，市、县（市、区）机构编制委员会分别负责本行政区域内事业单位机构编制管理工作。
各级机构编制委员会办公室（以下简称机构编制部门）具体承担本行政区域内事业单位机构编制管理的日常工作，并接受上级机构编制部门的指导和监督。
第二章 机构的设立、变更、撤销
第六条 设立事业单位应当具备下列条件：
（一）符合经济和社会事业发展需要，有明确的职责任务；
（二）有明确的举办主体；
（三）有合法、稳定的资金来源；
（四）有必要的工作场所；
（五）有资质要求的，应先取得相应资质；
（六）法律、法规规定的其他条件。
第七条 设立事业单位，由其举办主体按照管理权限向机构编制部门提交立项申请。立项申请应当包括下列内容：
（一）法律法规依据、必要性及发展规划；
（二）机构名称、类型、职责任务、基本规模、经费来源、内设机构、岗位设置和编制数额、领导职位设置及职数。
第八条 事业单位的经费来源分财政拨款、财政补贴和经费自理。事业单位经费来源在事业单位设立时根据其性质、类型和职责任务确定，并可随情况的变化进行调整。
第九条 事业单位名称一般称院、校、所、台、站、馆、社、中心等，可冠地域名称或举办主体名称。
第十条 事业单位有下列情况之一的，应当申请变更：
（一）机构名称、类型、职责任务、举办主体、基本规模、经费来源等需要变化的；
（二）合并或分设的。
第十一条 事业单位出现下列情况之一的，应当在30日内申请撤销：
（一）依照法律、法规应当予以撤销的；
（二）举办主体决定撤销的；
（三）职责任务消失的；
（四）性质改变的；
（五）合并或分立的；
（六）其他事由需要撤销的。
第十二条 变更、撤销事业单位，由其举办主体或拟变更、撤销单位向批准设立的机关提交变更、撤销方案。方案应当包括下列内容：
（一）变更、撤销的理由和依据；
（二）变更、撤销后职责任务的增减、转移、消失情况；
（三）变更、撤销后资产处置及清算情况；
（四）变更、撤销后人员安置意见。
第十三条 应当撤销的事业单位，逾期未申请的，由批准设立机关直接行文予以撤销。
第十四条 事业单位设立、变更、撤销后，应当及时到事业单位登记管理机关办理有关手续。
第三章 人员编制的核定、调整
第十五条 事业单位人员编制包括编制数额、人员结构比例、领导职位设置及职数等。人员编制依据编制标准核定；无编制标准的，根据发展规模、职责任务等，参照同类事业单位的同等情况核定；规模较大的事业单位，可分期核定编制。
第十六条 事业单位人员编制是配备人员的依据，不得超编、超职数、超比例配备人员。
第十七条 事业单位人员编制核定后，因职责任务变化需要调整的，由其举办主体或事业单位向同级机构编制部门提交调整方案。调整方案应当包括下列内容：
（一）调整编制的理由和依据；
（二）编制数额、岗位设置及人员结构。
第十八条 事业单位人员编制不得与国家机关和其他组织人员编制混合使用，国家机关和其他组织不得占用事业单位人员编制。
第四章 审批权限与程序
第十九条 事业单位的设立、变更、撤销和人员编制的核定、调整，按下列权限审批：
（一）省属事业单位的设立、变更、撤销和人员编制、领导职数核定或调整，由其举办主体报省机构编制部门按有关程序审核或审批；
（二）设区的市所属事业单位的设立、变更、撤销和人员编制、领导职数核定或调整，由其举办主体报同级机构编制部门按有关程序审核或审批；
（三）县（市、区）所属事业单位的设立、变更、撤销和人员编制、领导职数核定或调整，由其举办主体报同级机构编制部门按有关程序审核或审批；
（四）按照国家规定，需报上一级审批的，按规定程序报批。
第二十条 设立事业单位、增加事业编制、调整结构布局等重要事项，由其举办主体于每年的第四季度向同级机构编制部门申请立项。机构编制部门结合财政预算、经济社会发展规划和计划，统筹安排，于下一年第一季度确定立项计划。未列入立项计划的，除法律法规和上级专门规定的外，不予受理。
第二十一条 设区的市、县（市、区）机构编制部门确定的年度立项计划，需报经上一级机构编制部门核准后，按审批权限予以审核或审批。
第二十二条 立项计划确定后，机构编制部门应当将列入立项计划或未列入立项计划事项及时通知举办主体。
第二十三条 审核、审批事业机构编制，应当依据国家法律法规和有关规定，进行调查研究和论证。新设立事业单位和机构编制重要调整事项应当经过专家论证，广泛听取各方面意见，并严格按规定程序办理。
第二十四条 设立、变更、撤销事业单位或调整事业编制的批复内容应当包括：机构名称、类型、职责任务、举办主体、基本规模、经费来源、内部机构、编制数额、人员结构比例、领导职位设置及其他必须明确的事项。
第五章 监督管理
第二十五条 事业单位机构编制实行专题报批制度，任何部门和单位不得干预事业单位机构编制事项。
第二十六条 政府主管部门和事业单位举办主体应当加强对事业单位的监督管理和考核工作，提高事业单位的运行效能和服务水平。各级机构编制部门应当结合事业单位登记管理、机构编制统计和年度考核工作，对事业单位运行情况、社会效益、经济效益和服务质量进行年度检验评估。检验评估结果作为调整其机构编制和经费来源的依据。
第二十七条 有下列行为之一的，机构编制部门应当责令其限期纠正，逾期不纠正或造成不良后果的，由有关部门按照规定对负有直接责任的领导人员和主管人员给予行政处分：
（一）在申报事业机构编制过程中弄虚作假的；
（二）擅自调整经批准设立的内部机构的；
（三）擅自变更职责范围的；
（四）擅自变更机构名称或增挂牌子的；
（五）超编制使用工作人员或超职数配备领导人员的；
（六）擅自拨付超编人员经费、挤占事业单位人员编制和经费、转移事业单位职责任务的；
（七）干预下级业务部门机构设置和人员编制的；
（八）应当撤销的事业单位，逾期不申请的；
（九）违反事业单位机构编制管理规定的其他行为。
第二十八条 上级机构编制部门对下级机构编制部门不按规定设立、变更、撤销事业单位机构及调整人员编制的，可宣布其决定无效或责令其按规定重新办理。
第二十九条 从事事业机构编制管理的工作人员，应当坚持原则、公道正派、依法办事，自觉接受群众和社会监督。对违反工作纪律、玩忽职守、滥用职权、徇私舞弊的，视情节轻重，由有关部门给予批评教育或行政处分。
第六章 附则
第三十条 本规定自2003年4月1日起施行。
MERCHANT SHIPPING (PREVENTION AND CONTROL OF POLLUTION) ORDINANCE ——附加英文版
Hong Kong
MERCHANT SHIPPING (PREVENTION AND CONTROL OF POLLUTION) ORDINANCE
(CHAPTER 413)
ARRANGEMENT OF SECTIONS
ion
I PRELIMINARY
hort title
nterpretation
II REGULATIONS FOR THE PREVENTION AND CONTROL OF POLLUTION
egulations for the prevention and control of pollution
enalty for taking detained ship to sea
III SHIPPING CASUALTIES INVOLVING A RISK OF POLLUTION
pplication of Part III
hipping casualties
irections; right to recover in respect of unreasonable loss or
damage
ffences in relation to section 6
ervice of directions under section 6
Enforcement of fines
Saving of rights of action, etc.
IV SAVINGS, AMENDMENTS AND REPEALS
Savings, amendments and repeals
dule. (Omitted)
rdinance to provide for the prevention and control of pollution
from
s and for incidental or related matters.
January 1991] L. N. 14 of 1991
PART I PRELIMINARY
hort title
Ordinance may be cited as the Merchant Shipping
(Prevention and
rol of Pollution) Ordinance.
nterpretation
his Ordinance, unless the context otherwise requires--
trol" includes contain and reduce;
ector" means the Director of Marine;
charge" means any release, howsoever caused, from a ship and
includes
escape, disposal, spilling, leaking, pumping, emitting or
emptying;
does not include--
dumping within the meaning of the Convention on the
Prevention of
ne Pollution by Dumping of Wastes and Other Matter signed in
London on
ovember 1972; or
any release directly arising from the exploration,
exploitation and
ciated off-shore processing of sea-bed mineral resources; or
any release for the purposes of legitimate scientific research
into
ution abatement or control;
g Kong ship" means--
a ship registered in Hong Kong; and
a vessel required to be licensed under Part IV of the Shipping
and
Control Ordinance (Cap. 313);
" means oil of any description and includes spirit produced from
oil
ny description and also includes coal tar;
p" means a vessel of any type whatsoever operating in the
marine
ronment and includes a hydrofoil, hovercraft, submersible or
floating
t and a fixed or floating platform.
PART II REGULATIONS FOR THE PREVENTION AND CONTROL OF POLLUTION
egulations for the prevention and control of pollution
In this section--
vention" means the International Convention for the
Prevention of
ution from Ships (including its protocols, annexes and
appendices)
h constitutes Attachment 1 to the Final Act of the
International
erence on Marine Pollution signed in London on 2 November
1973, as
fied by any international agreement referred to in subsection (2)
(b)
);
tocol" means the Protocol (including the annex thereto)
relating to
Convention which constitutes Attachment 2 to the Final Act
of the
rnational Conference on Tanker Safety and Pollution Prevention
signed
ondon on 17 February 1978, as modified by any international
agreement
rred to in subsection (2) (b) (iii); "substance other
than oil"
udes sewage and garbage of any kind.
The Governor in Council may make regulations--
relating to the prevention or control of pollution of the sea or
other
rs by oil, or any substance other than oil, from ships; and
for giving effect to--
the Convention;
the Protocol; and
) any other international agreement (whether made by
resolution or
rwise) which relates to the prevention or control of pollution
of the
or other waters by oil, or any substance other than oil, from
ships
which applies to Hong Kong, including any agreement which
modifies any
r such agreement.
Regulations made under this section may be expressed to apply--
to Hong Kong ships, wherever they may be; and
to other ships while they are within the waters of Hong Kong.
Regulations made under this section may provide that the
regulations,
ny provisions thereof, shall come into force on a date
specified in
regulations which is earlier than the date on which the
international
ement to which the regulations relate comes into force.
Without limiting the generality of subsection (2),
regulations made
r this section may include provisions--
for the approval of documents, the appointment of
surveyors, the
ying out of surveys and inspections and the rendering
of other
ices for the purposes of the regulations, whether in Hong
Kong or
where, and for the issue, duration, effect and
recognition of
ificates for those purposes;
for the keeping, carriage and inspection of record books and
other
rds of operations involving oil, or any substance other than oil,
on
d ships;
for the prohibition, regulation and control of the
loading and
iage on board ships, and the unloading or discharge from ships,
of oil
ny substance other than oil and for procedures relating thereto;
for the design and construction of, and the equipment and fittings
on
d, ships carrying oil or any substance other than oil;
for the compulsory reporting of incidents involving pollution
or the
at of pollution for the purpose of giving effect to Protocol I
visions concerning reports on incidents involving harmful
substances)
he Convention;
for the payment of fees (whether prescribed under this Ordinance,
the
hant Shipping Ordinance (Cap. 281) or otherwise) in respect
of any
ey, inspection, certificate, service or other matter provided
for by
regulations;
that contraventions of the regulations shall be offences
punishable by
lties not exceeding--
on conviction upon indictment, a fine of $5,000,000 and, in the
case
n individual, imprisonment for 2 years;
on summary conviction, a fine of $500,000;
that in the case of any such contravention an offence is committed
by-
the master and the owner of the ship concerned; and
where the contravention is due to the act or omission of
another
on, that person;
for denying entry of any ship to the waters of Hong Kong in respect
of
h any such contravention is believed to have occurred;
for detaining any ship in respect of which any such
contravention is
eved to have occurred and for notifying the relevant consular
officer
any) of the detention and of any proceedings against the ship;
and
for the admission of prescribed or specified documents and
certified
es of documents as evidence in legal proceedings,
the regulations may--
make different provisions for different circumstances or in
relation
ifferent classes or descriptions of ships;
provide for exemptions from any provisions of the
regulations in
ect of different classes or descriptions of ships;
) provide for the granting by the Director, on such terms (if any)
as
ay specify, of exemptions from any provisions of the
regulations in
ect of any ship, or class or description of ships, and
for the
ration or cancellation of any such exemption;
provide for the approval by the Director of equivalent
fittings,
pment or procedures as alternatives to those prescribed;
provide for the delegation of powers exercisable and
functions
ormable by virtue of the regulations;
provide for the application of the regulations to the Crown; and
) include such incidental, supplemental and transitional
provisions as
ar to the Governor in Council to be expedient for the purposes
of the
lations.
Any fees prescribed under this Ordinance--
may be fixed at levels which provide for the recovery of
expenditure
rred or likely to be incurred by the Government or other authority
in
tion generally to the administration, regulation and control of
Hong
ships and of ports, ships and navigation in the waters of Hong
Kong,
shall not be limited by reference to the amount of
administrative or
r costs incurred or likely to be incurred in the provision
of any
icular service, facility or matter; and
may, without prejudice to the generality of paragraph (a), be
fixed at
erent amounts in relation to different sizes of ship, whether
measured
onnage, length or otherwise, or in relation to different
classes,
s or descriptions of service, facility or ship.
enalty for taking detained ship to sea
Where a ship is authorized or ordered to be detained under
regulations
under this Part, and after such detention or after service on
the
er of any notice of or order for such detention, the ship proceeds
or
mpts to proceed to sea before having been released by a
competent
ority, the master of the ship commits an offence and is liable
to a
of $500,000 and to imprisonment for 2 years; and if the
owner or
t or any person who sends the ship to sea is party or privy to
the
nce he also commits an offence and is liable to the same
punishment.
Where a ship proceeds to sea in contravention of subsection (1)
whilst
ng on board a public officer who is acting in the execution of
his
, the master and owner of the ship--
in addition to any punishment to which they may be liable
under
ection (1), both commit an offence against this subsection
and are
liable to imprisonment for 6 months and to a fine of $20,000 and
an
tional fine of $1,000 for each day during the period from the date
on
h the ship proceeded to sea until the date on which the
officer
rns to Hong Kong or, if he does not return directly to Hong
Kong,
d have returned if he had travelled by the quickest practicable
route;
are jointly and severally liable to pay to the Government all
expenses
dental to the taking of the officer to sea and to securing his
return
ong Kong.
Expenses referred to in subsection (2) (b) may be recovered as
if they
a fine imposed by a magistrate.
PART III SHIPPING CASUALTIES INVOLVING A RISK OF POLLUTION
pplication of Part III
Subject to subsections (2) and (3), this Part shall apply in
relation
ll ships whether within or outside the waters of Hong Kong.
As respects a ship which--
is not a Hong Kong ship; and
is for the time being outside the waters of Hong Kong,
power conferred on the governor by section 6 (2) to give
directions
only be exercised in relation to--
an individual who is a British citizen, a British
Dependent
itories citizen, a British Overseas citizen or who under the Hong
Kong
tish Nationality) Order 1986 (App. III, p. EG1) is a British
National
rseas); or
a body corporate which is established under the laws of Hong
Kong,
section 8 (2) shall apply to such an individual or body
corporate
.
No direction under section 6 (2) shall apply to any vessel
of Her
sty's navy or to any ship not forming part of Her Majesty's navy
which
ngs to Her Majesty or is held by any person on behalf of or for
the
fit of the Crown in right of Her Majesty's Government in the
United
dom or Her Majesty's Government in Hong Kong, and no action shall
be
n under section 6 (4) or (5) as respects any such vessel or ship.
hipping casualties
The powers conferred by this section may be exercised where--
an accident has occurred to or in a ship; and
in the opinion of the Governor--
oil, or any substance other than oil, from the ship will or may
cause
ution on a large scale in Hong Kong or in the waters of Hong Kong;
if the ship is one referred to in section 5 (2), the
danger of
ution is grave and imminent; and
) the exercise of the powers conferred by this section is
urgently
ed.
For the purpose of preventing or reducing pollution, or the
risk of
ution, the Governor may give directions as respects the ship or
its
o--
to the owner of the ship, or to any person in possession or control
of
ship; or
to the master of the ship; or
to any salvor in possession of the ship, or to any person who is
the
ant or agent of any such salvor, and who is in charge of the
relevant
age operation.
Directions under subsection (2) may require the person to whom
they
given to take, or refrain from taking, any action of
any kind
soever, and without limiting the generality of the
foregoing the
ctions may require--
that the ship is to be, or is not to be, moved--
to or from a specified place, area or locality;
over a specified route; or
that any oil or other cargo is to be, or is not to be, unloaded
or
harged; or
that specified salvage measures are to be, or are not to be, taken.
If in the opinion of the Governor the powers conferred by
subsection
are, or have proved to be, inadequate for the purpose, the
Governor
for the purpose of preventing or reducing pollution, or the risk
of
ution, take, as respects the ship or its cargo, any action of any
kind
soever, and without limiting the generality of the
foregoing the
rnor may--
do anything he has power to require to be done by a direction
under
ection (2);
cause operations to be undertaken for the sinking or
destruction of
ship, or any part of it, of a kind which is not within the means
of
person to whom he may give such a direction;
cause operations to be undertaken which involve taking over
control of
ship.
The powers of the Governor under subsection (4) may also be
exercised
uch persons as may be authorized in that behalf by the Governor.
A person concerned in complying with directions given, or in
action
n, under this section shall use his best endeavours to avoid risk
to
n life.
Nothing in this section shall derogate from or affect any
right or
r of the Government existing apart from this section whether
under
rnational law or otherwise.
Any action taken as respects a ship which is under arrest
or as
ects the cargo of such a ship, being action taken under a
direction
n under subsection (2), or under subsection (4) or (5)--
does not constitute contempt of court; and
shall not constitute a ground or cause of action in legal
proceedings
ituted against the Government.
In this section--
ident" includes the loss, stranding, abandonment of or damage
to a
; "any substance other than oil" means--
any substance specified in an order made under subsection (10);
and
any other substance which is liable to create a hazard to
human
th, to harm living resources and marine life, to damage
amenities or
nterfere with other legitimate uses of the sea;
cified", in relation to a direction under subsection (2),
means
ified in the direction.
The Governor may, by order published in the Gazette,
specify any
tance for the purposes of the definition of "any substance other
than
in subsection (9).
irections; right to recover in respect of unreasonable loss or
damage
If any action taken under a direction under section 6 (2), or
under
ion 6 (4) or (5)--
was not reasonably necessary to prevent or reduce pollution or,
as may
ppropriate, the risk of pollution; or
was such that the good it did or was likely to
do was
roportionately less than the expense incurred, or damage suffered,
as
sult of the action,
rson incurring expense or suffering damage as a result of the
action,
f himself having taken the action, shall be entitled to
claim and
ver compensation from the Government.
In determining whether subsection (1) applies in a particular
case,
unt shall be taken of--
the extent and risk of pollution if the action had not been taken;
the likelihood of the action being effective; and
the extent of the damage which has been caused by the action.
Any reference in this section to the taking of any action
includes a
rence to a compliance with a direction not to take some
specified
on.
ffences in relation to section 6
A person to whom a direction is given under section 6 (2) who fails
to
ly with any requirement of the direction, commits an offence.
A person who wilfully obstructs any person who is--
acting on behalf of the Governor in connection with the
giving or
ice of a direction under section 6 (2);
acting in compliance with such a direction; or
acting under subsection (4) or (5) of that section,
its an offence.
In proceedings for an offence under subsection (1), it shall
be a
nce for the accused to prove that--
he used all due diligence to secure compliance with the direction;
or
he had reasonable cause for believing that such compliance would
have
lved a serious risk to human life.
A person who commits an offence under this section is liable-
-
on conviction upon indictment, to a fine of $5,000,000;
on summary conviction, to a fine of $500,000.
ervice of directions under section 6
If the Governor is satisfied that a company or other body
corporate is
one to which section 338 or 356 of the Companies Ordinance (Cap.
32)
ies so as to authorize the service of a direction on that body
under
er of those sections, he may give a direction under section 6 (2)--
to that body, as the owner of, or the person in possession or
control
a ship, by serving the direction on the master of the ship; or
to that body, as a salvor, by serving the direction on the person
in
ge of the salvage operations.
For the purpose of giving or serving a direction under section
6 (2)
r on any person on a ship, a person acting on behalf of the
Governor
l have the right to go on board the ship.
Enforcement of fines
e a fine imposed in proceedings against the owner or master of
a ship
an offence under this Part is not paid at the time ordered by
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