Decree No. 109 / 1945 Coll.

Decret of the President of the Republic on production control

Valid Effective from 07.11.1945
109.
Decret of the President of the Republic
of 27 October 1945
on production control.
On the proposal of the Government and in agreement with the Slovak National Council, I establish:
§ 1.
In order to ensure the smooth operation of the enterprises, their economic, uniform and planned operation and the proper supply of the population, the Slovak National Council for Industry and Trade in Industry may be entrusted to the Slovak National Council for Industry, managed by mining, raw materials, semi-finished products, auxiliary substances, energy machinery and other equipment, production and disposal.
§ 2.
In particular, to carry out the tasks referred to in Article 1, provision may be made for:
(a) the extent and method of extraction, production, processing and processing, repair, supply and disposal;
(b) the method of procurement and allocation of raw materials, semi-finished products, auxiliary substances, machinery and other equipment of the holding, energy and their handling;
(c) the efficient use of undertakings;
(d) the type, quality and labelling of the products;
(e) delivery, collection and storage obligations;
(f) conditions of supply, collection and competition;
(g) the obligation to report facts relevant to the management of mining, production and sales, in particular the stocks of raw materials, semi-finished products, goods and excipients;
(h) the obligation and manner of registration of the extraction, production and disposal necessary for the control of the measures provided for, as well as the manner in which trade books are kept in cooperation with the Supreme Accounting Audit Office;
(ch) an obligation on associations of undertakings to adjust production, production and sales;
(i) benefits to cover the costs of implementing the measures provided for.
§ 3.
(1) The measure provided for in Sections 1 and 2 is issued by the Minister for Industry, provided that it is of a general nature by decree in the Official Gazette of the Republic of Czechoslovakia; in Slovakia, the Minister of Industry issues them in agreement with the delegate of the Slovak National Council for Industry and Trade, if they are of a general nature with the decrees published in the Official Journal.
(2) The measure referred to in paragraph 1, if of national importance, is made by the Minister of Industry in agreement with the delegate of the Slovak National Council for Industry and Trade.
§ 4.
(1) Economic organisations and market associations are obliged to co-operate in the implementation of this decree and to carry out all the tasks and instructions to be given to them.
(2) The Minister of Industry, in Slovakia, in agreement with the delegate of the Slovak National Council for Industry and Trade, may, within the limits of its competence, delegate economic organisation and market associations to carry out certain tasks under its supervision, the scope of which will be determined by a decree published in the Official Journal, in Slovakia in the Official Journal, where such market associations may also be set up.
(3) The entrusted economic organisations and market associations themselves pay the resources needed to carry out their activities.
§ 5.
Local, regional and regional national committees shall be obliged to cooperate in the implementation of this decree.
§ 6.
(1) The Ministry of Industry, Slovakia, in agreement with the Slovak National Council for Industry and Trade, and the authorities entrusted by them, are entitled to carry out the tasks provided for in § § 1 to 3, to require the undertakings and their customers to report and submit the goods and other items, in particular samples and tests of goods and documents, and to carry out the inspection, where applicable, of permanent supervisory bodies to the undertakings, economic organisations and market associations.
(2) The supervisory authorities shall, to the extent necessary to carry out the inspection, be authorised to inspect records, trade books and other documents, to carry out the inspection of the undertaking and to take samples for confirmation. In addition, the permanent supervisory authorities are entitled to monitor the operation of the undertaking and to take appropriate measures to perform the tasks under § § 1 to 3 of this Decree. The provisions of Sections 8 to 10 of the Constitutional Act of 9 April 1920, No 293 Coll., on the protection of the freedom of persons, home and secrets of letters, or Sections 6 to 9 of the Law of 11 May 1944, No 50 of the Coll. on the protection of personal freedom, home peace, temporary restrictions on them and other rights and freedoms.
§ 7.
(1) The authorities responsible for carrying out the tasks referred to in this decree or participating in them, in particular the supervisory authorities, experts and all the auxiliary forces, are required to remain silent about all the facts which they have learned in their activities, in particular commercial and manufacturing secrets, and to refrain from any assessment of such secrets.
(2) The obligation of secrecy shall not cease to exist or shall cease to exist.
§ 8.
(1) Transfers of the provisions of this decree or regulations issued under this decree shall be punishable by the county national committees by a fine of up to 5 million CZK or by imprisonment of up to 3 years or both at the same time. If a fine has been imposed, a replacement prison sentence shall also be imposed in case of imperfections, according to the rate of guilt within three years.
(2) Where an obligation to act in a particular way or omission affects legal persons or other sets of persons, the infringement of the provisions of that decree or of the regulations issued under it shall be the responsibility of their authorities, agents, agents or their servants, also of legal persons or other sets of persons.
(3) The provisions of this Decree or of the Regulations issued pursuant to it shall be limited in three years.
(4) Cases by which an offence has been committed, obtained by it or which are likely to be intended solely for the commission of an offence, as well as the profits or other benefit unduly obtained, may be declared forfeited to the Treasury, even if the offender cannot be prosecuted or convicted.
(5) Where an offence has been committed in the course of a trade or in the course of an occupation, the victim may also be denied a licence or a ban on the pursuit of the profession, either temporarily or permanently.
§ 9.
The provisions of the Act of 13 May 1936 No. 131 Coll., on State Defence, remain unaffected.
§ 10.
This Decision shall take effect on the day of its publication; to be carried out by the Minister for Industry.
Dr Beneš v. r.
Fierlinger v. r.
Laušman v. r.

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Regulation Information

CitationDecree No. 109 / 1945 Coll., on production control
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation07.11.1945
Effective from07.11.1945
Effective until-
Status Valid
The regulation text is for informational purposes only.
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