Decree of the Government of the Czech Socialist Republic No. 1 / 1988 Coll.
Ordinance of the Government of the Czech Socialist Republic on the sale of goods and the provision of other services by citizens on the basis of permission of the National Committee
Valid
Effective from 01.02.1988
1
GOVERNMENT REGULATION
Czech Socialist Republic
of 24 November 1987
on the sale of goods and the provision of other services by citizens on the basis of an authorisation of the National Committee
The Government of the Czech Socialist Republic orders pursuant to § 489a (2) and § 397 (4) of the Civil Code No. 40 / 1964 Coll., as amended by Act No. 131 / 1982 Coll., amending and supplementing the Civil Code and adjusting certain other property relations, and pursuant to § 22b (1) of the Act No. 69 / 1967 Coll., on National Committees, as amended by the Act No. 137 / 1982 Coll., amending and supplementing the Act on National Committees and regulating the jurisdiction of municipal national committees in certain sections of state administration:
General and basic provisions
(1) On the basis of the authorisation of a local national committee, a district national committee or a local national committee (hereinafter referred to as the "national committee") under the conditions laid down in this Regulation, a citizen may, in order to meet the material needs of other citizens, provide, in return for payment to citizens or, where appropriate, to organisations, benefits in kind, including the sale of goods and the preparation of food and beverages (hereinafter referred to as services).
(2) If the services are to be provided at the place of sale, establishment or establishment of a socialist organisation (hereinafter referred to as "establishment"), the national committee at the place of establishment shall, at the request of the citizen, grant authorisation; in other cases, the national committee shall be authorised in the place where the citizen has a service post. The validity of the authorisation shall not be restricted by the territorial perimeter of the national committee which issued the authorisation.
(3) Authorisation under this Regulation may not be granted:
(a) for the implementation of safeguards;
(b) to provide services reserved for socialist organisations or provided by citizens under other generally binding legislation. 1)
(4) The provisions of generally binding legislation, where they require specific competence to carry out certain activities, (2) remain unaffected.
(1) Authorisations may be granted to a citizen over 18 who, where the nature of the service so requires, has the necessary professional qualifications and, where appropriate, medical fitness.
(2) A citizen may provide services with the assistance of a spouse, children, provided that he has completed compulsory schooling, parents, partner or partner, pensioners and other citizens engaged in this activity in addition to their main occupation.
(3) The persons referred to in paragraph 2 must be fair and, if the nature of the service so requires, they must also have the necessary medical fitness.
(1) In the application for authorisation, the citizen shall indicate:
(a) his name and surname, establishment or post for the provision of services, identity card number and birth number;
(b) the type of service which it requests authorisation;
(c) a proposal to determine the selling (operating) time.
(2) The request shall be accompanied by:
(a) evidence of professional qualifications, where the nature of the service so requires, and, where appropriate, proof of special competence (Section 1 (4));
(b) a medical certificate and a medical certificate, (3) where generally binding legislation provides for the operation;
(c) a positive statement by the socialist organisation in whose establishment it intends to provide services.
(3) Where a citizen requests authorisation to provide services with the assistance of persons referred to in Paragraph 2 (2), the application shall contain the information referred to in paragraph 1 (a) and the documents referred to in paragraph 2 (b).
(4) The National Committee may waive the presentation of evidence of professional qualifications to a citizen who has adequate experience and experience in the relevant activity.
(1) The National Committee shall, as a general rule, grant authorisations for an indefinite period. The authorisation shall specify:
(a) the type of authorised services;
(b) the date on which the provision of services begins;
(c) a service post where the services are not provided at the premises;
(d) operating hours, where appropriate, or when goods, dishes and beverages are sold, the minimum selling time and, where appropriate, the closing hour;
(e) when selling food, beverages and refreshments to the category and group;
(f) the names and surnames of persons who may assist in the provision of services;
(g) the range of organisations to be provided with services other than the sale of goods and the preparation of dishes and beverages;
(h) where appropriate, additional conditions for the provision of services.
(2) If the services are to be provided in an establishment, the national committee shall also indicate in the authorisation the establishment which the socialist service organisation may leave to the citizen for temporary use.
(3) The National Committee may require a citizen to conclude, within a specified period, a contract on liability insurance which may arise in connection with the provision of certain services.
(4) The National Committee shall send a copy of the authorisation to the National Committee which manages the income tax and to the National Committee which implements social security.
A citizen authorised shall:
(a) to provide services in accordance with the authorisation and with generally binding legislation applicable to the services listed in the authorisation;
(b) issue a receipt for the scope of the service provided and the payment of the price for it.
(1) The provisions of Sections 2, 3, 5 and 7 (3) of the Order of the Ministries of Interior, Industry, Construction, Agriculture and Nutrition, Trade of the Czech Socialist Republic and the Czech Price Office No. 66 / 1979 Coll., implementing certain provisions of the Civil Code governing the provision of services, apply to the production of custom-made items, repairs and adjustments to goods provided under this Regulation.
(2) When providing services under this Regulation, a citizen providing a service shall:
(a) is not bound by the time limits specified for the execution of the service (4) and for the removal of the fault of the service provided, (5)
(b) is obliged to remove defects in the service provided within a time limit agreed with the customer; if the agreement on the time limit for the removal of the fault of the service is not reached, it shall remove the fault within a time limit appropriate to the nature of the service and the circumstances of its provision;
(c) issue a written confirmation of receipt of the order in other cases only at the request of the customer when the case is received for repair, modification or production of the order; If the service is provided on a waiting basis, this certificate shall not be issued.
A citizen providing services shall keep evidence of revenue and expenditure and keep such documents for five years.
(1) The citizen provides services and purchases goods for the provision of services at prices according to price regulations and price decisions of the competent authorities and organisations.
(2) Goods intended for sale and for the preparation of dishes and beverages are acquired by the citizen:
(a) purchase by a socialist organisation which has given the establishment temporary use;
(b) purchase from a manufacturing, sales or trading organisation;
(c) in accordance with generally binding legislation7) from citizens from their own small agricultural production or from the collection of forest fruits and from their own small agricultural production and from the collection of forest fruits.
(1) The national committee may withdraw the authorisation:
(a) where a citizen does not use an authorisation without serious reasons or does not carry on an activity to the extent and under the conditions laid down in the authorisation granted, or infringes the obligations laid down in this Regulation and other generally binding legislation;
(b) for other reasons which exclude the possibility of providing services.
(2) The decision to withdraw the authorisation shall also specify the time limit necessary for the termination of the service.
(3) The national committee shall send a copy of the decision to withdraw the authorisation to the national committee managing the public income tax and the national committee implementing social security.
Provision of services to citizens in establishments for temporary use
A social organisation providing services may, in accordance with specific regulations (8), leave its establishment for temporary use to a citizen authorised under this Regulation.
(1) In particular, the delegation contract provides for:
(a) the type and extent of the provision of services and the date on which it is initiated [Paragraph 4 (1) (b)];
(b) the conditions of temporary use of the establishment and the manner in which it is designated;
(c) the amount of the remuneration for leaving the establishment for temporary use, including the cost of its operation;
(d) the scope of record keeping related to the provision of services;
(e) familiarisation of and transmission to the citizen of the rules relating to the services provided;
(f) the means of checking the assets left for temporary use;
(g) means of settlement of assets at the end of the temporary use of the establishment;
(h) other requirements laid down in specific provisions. 9)
(2) A copy of the contract of delegation of the establishment to the National Committee referred to in Article 1 (2) shall be sent by the Socialist Organisation providing services.
(1) The provision of services is terminated:
(a) an agreement between a citizen and a socialist organisation;
(b) a statement by a citizen or organisation on the grounds and within the time limits agreed in the delegation agreement for temporary use;
(c) the expiry of the period for which the temporary use of the establishment has been agreed;
(d) for other reasons which permanently exclude the possibility of providing services.
(2) The termination of the provision of services referred to in paragraph 1 shall render the authorisation granted under this Regulation null and void. The social organisation providing services shall notify the termination of the provision of services to the citizen, the national committee which issued the permit to the citizen, the national committee which manages the public income tax and the national committee which carries out social security.
Transitional and final provisions
Pension and sickness insurance for citizens providing services under this Regulation shall be governed by generally binding legislation. 10)
The provision of services contrary to this Regulation shall be affected under generally binding legislation. 11)
Authorisations for the provision of services issued to citizens under the existing Regulations (12) shall be considered as authorisations under this Regulation.
Decree of the Government of the Czech Socialist Republic No. 154 / 1982 Coll., on the provision of services to citizens on the basis of the permission of the National Committee, is hereby repealed.
This Regulation shall enter into force on 1 February 1988.
Adamec v. r.
1) For example, Act No. 81 / 1957 Coll., on Concert and Other Music Activities, as amended, Act No. 82 / 1957 Coll., on State Administration in Education, as amended, Act No. 68 / 1979 Coll., on the Government of the Czech National Council No. 56 / 1967 Coll., on the Law of the Czech National Council No. 127 / 1981 Coll., on Internal Trade, as amended by Act No. 147 / 1983 Coll., on the Law of the Czech National Council No. 20 / 1987 Coll., on the Government's Care, on the Government of the Czech National Council of the Law No. 127 / 1981 Coll. 1, on Internal Trade, as amended by the Act No. 137 / 1982 Coll., amending and adapting the Act on the National Committees and adjusting the scope of the Municipal Committees on certain sections of the State Administration (Nov. A pol. 1, p.
2) Decree of the Czech Labour Safety Authority and the Czech Mining Office No. 50 / 1978 Coll., on professional competence in electrical engineering, as amended by the Czech Labour Safety Authority Order No. 98 / 1982 Coll., amending and supplementing Decree No. 50 / 1978 Coll., on professional competence in electrical engineering.
3) Decree of the Ministry of Health of ČSR No. 91 / 1984 Coll., on measures against communicable diseases.
4) Sections 268 (1) and 277 of the Civil Code.
5) Articles 273 (1) and 281 (1) of the Civil Code.
6) Sections 264 and 283 of the Civil Code.
7) Act No. 61 / 1964 Coll., on the development of plant production, as amended. Act No. 87 / 1987 Coll., on Veterinary Care. Decree No. 121 / 1987 Coll., on Health and Animal Products.
8) For example, § 397 et seq. of the Civil Code, § 13 (4) of Decree of the Federal Ministry of Finance No. 90 / 1984 Coll., on the Administration of National Property, § 14 (4) of the Directive of the Czech Union of Consumer Cooperatives No. 13 / 1984 of the Journal of the ČSSD, on the management of the property of the organisation of consumer cooperatives.
9) For example, § 397 et seq. of the Civil Code, § 13 (6) of Decree of the Federal Ministry of Finance No. 90 / 1984 Coll., on the Administration of National Property, § 14 (6) of the Directive of the Czech Union of Consumer Cooperatives No. 13 / 1984 of the Journal of ČSSD, on the management of the property of the organisation of consumer cooperatives.
10) Act No. 121 / 1975 Coll., on Social Security, as amended. Decree No. 128 / 1975 Coll., implementing the Social Security Act, as amended.
11) Act No. 60 / 1961 Coll., on the Tasks of the National Committees in Ensuring Socialist Order, as amended. Criminal Act No. 140 / 1961 Coll., as amended. Act No. 150 / 1969 Coll., on crimes, as amended. Act of the Czech National Council No. 127 / 1981 Coll., on Internal Trade. Act of the Czech National Council No. 63 / 1986 Coll., on Czech Agricultural and Food Inspection. Act of the Czech National Council No. 64 / 1986 Coll., on Czech Trade Inspection.
12) Decree of the Government of the Czech Socialist Republic No. 154 / 1982 Coll., on the provision of services to citizens on the basis of permission of the National Committee.
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Regulation Information
| Citation | Decree of the Government of the Czech Socialist Republic No. 1 / 1988 Coll., on the sale of goods and other services by citizens on the basis of permission of the National Committee |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.01.1988 |
|---|---|
| Effective from | 01.02.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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